WAC 296-128-011 and WAC 296-128-012

The rulemaking is in response to Bostain v. Food Express, Inc., 159 Wn.2d 700, 153 P.3d 846 (2007). In that case, the Court concluded that RCW 49.46.130(2)(f) requires overtime compensation for hours worked over 40 per week for interstate driving, including hours spent working out of state. Current rules require overtime pay for truck drivers only for their hours worked within Washington. These rules are not consistent with the decision under Bostain and need to be amended. The Court’s ruling directly affects two regulations with corresponding policies and enforcement practices. The Court’s decision has invalidated portions of WAC 296-128-011 and WAC 296-128-012 where the rules define hours for purposes of overtime provisions as hours worked only within Washington state. The changes were adopted 10/21/2008 and became effective on 11/22/2008.

11/22/2008	Rule Changes Effective
10/21/2008	Adoption (Rule-Making Order CR-103) Adopted Rule Language
8/29/2008	Public Hearing
8/29/2008	Comments Due
7/23/2008	Proposed Rulemaking (CR 102) Proposed Rule Language
5/6/2008	Preproposal (CR-101)