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BOSTAIN v. FOOD EXPRESS, INC.

No. 31461-4-II.

111 P.3d 906 (2005)

Larie E. BOSTAIN and Laurie Jo Bostain, husband and wife, Respondent/Cross-Appellants. v. FOOD EXPRESS, INC., an unregistered corporation, Appellant/Cross-Respondent, Marc Widing, a single man, Defendant.

Court of Appeals of Washington, Division 2.

May 17, 2005.

Attorney(s) appearing for the Case

Dale Halverson Schofield, Attorney at Law, Portland, OR, for Appellant/Cross-Respondent.

James F. Gray, Law Offices of James F. Gray, Vancouver, WA, for Respondent/Cross-Appellant.

Amanda J. Goss, Attorney Gerneral Office, Seattle, WA, for Amicus Curiae Wa. State Dept. of Labor & Industries.

Philip Albert Talmadge, Talmadge Law Group PLLC, Tukwila, WA, for Amicus Curiae, Washington Trucking Assoc.

BRIDGEWATER, J.

¶ 1 Food Express, Inc. appeals from a partial summary judgment for overtime wages due to Larie Bostain. We hold that concerning "overtime" pay using the "plain meaning rule" the Washington Minimum Wage Act (WMWA) applies only to those hours an employee works within the state. Larie Bostain, an interstate truck driver, averaged 48 hours of driving/loading per week, but he did not drive/load more than 40 hours in any work week within Washington...

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