Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › RECORDKEEPING PROVISIONS › Section 296-128-012 - Overtime for truck and bus drivers

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) The
				compensation system under which a truck or bus driver subject to the provisions
				of the Federal Motor Carrier Act is paid shall include overtime pay at least
				reasonably equivalent to that required by
				RCW
				49.46.130 for working in excess of forty
				hours a week. To meet this requirement, an employer may, with notice to a truck
				or bus driver subject to the provisions of the Federal Motor Carrier Act,
				establish a rate of pay that is not on an hourly basis and that includes in the
				rate of pay compensation for overtime. An employer shall substantiate any
				deviation from payment on an hourly basis to the satisfaction of the department
				by using the following formula or an alternative formula that, at a minimum,
				compensates hours worked in excess of forty hours per week at an overtime rate
				of pay and distributes the projected overtime pay over the average number of
				hours projected to be worked. The following formula is recommended for
				establishing a uniform rate of pay to compensate work that is not paid on an
				hourly basis and for which compensation for overtime is included:
1.
Define work unit first. E.g.,
							 miles, loading, unloading, other.
2.
Average number of work units
=
Average number of work units accomplished
							 per week
per hour
Average number of hours projected to be
							 worked per week
3.
Weekly Base Rate
=
Number of units per hour x 40 hours x base
							 rate of pay
4.
Weekly Overtime rate
=
Number of units per hour x number of hours
							 over 40 x overtime rate of pay
5.
Total weekly pay
=
Weekly base rate plus weekly overtime rate
6.
Uniform rate of pay
=
Total weekly pay
Total work units
Example:
A truck driver is paid on a mileage basis for a two
							 hundred thirty mile trip performed about ten times a week. The base rate of pay
							 is twenty cents a mile. The overtime rate of pay is thirty cents a mile. The
							 average length of the trip is four and one-half hours.
1.
2300
							 mi.
divided by per week
45 hours
per
							 week
=
51.1 miles
per
							 hour
2.
(a)
51.1 miles/hour times 40 hours
							 times .20/ mile = $408.80
(b)
51.1 miles/hour times 5 hours =
							 255.5 miles
(c)
255.5 miles times .30/mile =
							 $76.65
(d)
$408.80 plus $76.65 = $485.45
							 divided by 2300 miles = 21.1 cents mile
(b)
				In using a formula to determine a rate of pay, the average number of hours
				projected to be worked and the average number of work units accomplished per
				week shall reflect the actual number of hours worked and work units projected
				to be accomplished by persons performing the same type of work over a
				representative time period within the past two years consisting of at least
				twenty-six consecutive weeks.
(c)
				The department may evaluate alternative rates of pay and formulas used by
				employers in order to determine whether the rates of pay established under this
				section result in the driver receiving compensation reasonably equivalent to
				one and one-half times the base rate of pay for actual hours worked in excess
				of forty hours per week.