Wash. Admin. Code § 296-128-012 Overtime For Truck and Bus Drivers

• Library: Washington Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 23-24, December 15, 2023
• Citation: Wash. Admin. Code § 296-128-012
• Year: 2023

(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 49undefined49.46.130 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

...