Overconfidence won’t overcome questions of fact
Most practitioners and human resource professionals are already familiar with the increasingly difficult wage and hour laws in California and its “Mini Me” to the east, New York state. But some other states, including Oregon and Washington, have their own unique – though perhaps less burdensome – overtime laws.
In Mendis v. Schneider National Carriers, Case No. C15-0144-JCC (W.D. Wa., May 8, 2018), the plaintiffs, a class of truck drivers, brought suit under Washington state law for alleged unpaid overtime. Although the drivers were paid on a piece rate basis, they contended that they should have received overtime computed in accordance with Washington law rather than the arguably lower federal calculation. Emboldened by court rulings finding that they were entitled to overtime and certifying the class, the plaintiffs moved for partial summary judgment on a variety of issues, including the sufficiency of the employer’s time records and that of a “willful” violation that would double the claimed damages.