Trucking Law: CO Supreme Court Defines "Interstate Driver"
Lawrence Rogak
Philosopher/ lawyer who wrote the book on New York PIP. No artificial intelligence, ever.
Clearing up an ambiguous term in the Motor Carrier law, the Colorado Supreme Court has ruled that the term "interstate driver" applies to any trucker who crosses State lines even once; as a consequence, such drivers are not entitled to overtime pay.
In Gomez v J.P. Trucking Inc., 2022 CO 21, four former employees of J.P. Trucking sued for overtime pay for the hours they worked which exceeded 40 per week or 12 per day. A Colorado State Law, Wage Order 31, makes "interstate drivers" exempt from overtime pay. The drivers here argued that the term "interstate drivers" applies only to drivers whose work takes them over State lines the majority of the time. The trucking company argued that "interstate drivers" are those who move goods that are in interstate commerce, even if the drivers themselves never cross State lines.
One of Colorado's Appellate Divisions held that the term "interstate drivers" was unambiguous and sided with the trucking company, i.e., that drivers who move goods that are in interstate commence are interstate drivers even if they do not personally cross State lines, and therefore never get overtime pay.
But the Supreme Court reversed. It held that the term "interstate drivers" is ambiguous, and ruled that the Colorado State exemption from overtime compensation is triggered the first time a driver crosses state lines during a work trip.
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Lawrence N. Rogak, Partner
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Any opinions here are mine, not representing current, former or future employers.
2 年I think the Supreme Court of Colorado should have striven down the law , the use of ambiguous terms makes a bad law which should be sent back to the legislature to be redone. Otherwise the judiciary is forced be legislate from the bench.