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LABOR & INDUS. v. OVERNITE TRANSP.

No. 29090-8-I.

67 Wn. App. 24 (1992)

834 P.2d 638

THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent, v. OVERNITE TRANSPORTATION COMPANY, Appellant.

The Court of Appeals of Washington, Division One.

August 17, 1992.

Attorney(s) appearing for the Case

Richard J. Omatta, Catherine Hendricks, and Karr Tuttle Campbell (Gregory C. Sisk, of counsel), for appellant.

Kenneth O. Eikenberry, Attorney General, and Paul J. Triesch, Assistant, for respondent.

COLEMAN, J.

Overnite Transportation Company appeals the Superior Court's grant of summary judgment which requires Overnite to pay overtime to its employees who work more than 40 hours per week in the state of Washington. Overnite contends that the overtime provisions of the Washington Minimum Wage Act (WMWA) should not be applied, because the WMWA is preempted by the Federal Motor Carrier Act (MCA), because enforcement of the WMWA impedes interstate commerce in violation...

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