AGSALUD v. PONY EXP. COURIER CORP. OF AMERICA

No. 86-2852.

833 F.2d 809 (1987)

Joshua AGSALUD, Director of Labor and Industrial Relations, State of Hawaii, Plaintiff-Appellee, v. PONY EXPRESS COURIER CORPORATION OF AMERICA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 1, 1987.


Attorney(s) appearing for the Case

Barbara A. Petrus, Honolulu, Hawaii, for defendant-appellant.

Bruce W. Rudeen, Honolulu, Hawaii, for plaintiff-appellee.

Before BROWNING, Chief Judge, WRIGHT and LEAVY, Circuit Judges.


PER CURIAM:

Appellant Pony Express, a carrier regulated under the federal Motor Carrier Act, 49 U.S.C. § 3101 et seq., argues that the Motor Carrier Act preempts Hawaii Revised Stat. § 387-3(a) requiring employers to pay time-and-one-half for work in excess of 40 hours per week.

Three circuits have considered this contention and have rejected it. See Pettis Moving Co. v. Roberts, 784 F.2d 439 (2nd Cir...

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