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Silverstreak, Inc. v. Department of Labor & Industries

Wash.March 29, 2007No. No. 76695-9Cited 102 times
Defendant WinSilverstreak, Inc.
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Case Details

Judge(s)
Alexander, Fairhurst, Johnson, Madsen
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Wage Theft

Outcome

The Washington Supreme Court held that while end-dump truck drivers did participate in incorporating fill materials into a public works project, the Department of Labor & Industries was equitably estopped from enforcing prevailing wage requirements due to its prior 1992 policy memorandum and representations to the suppliers.

What This Ruling Means

**What Happened** This case involved a dispute over whether truck drivers hauling materials for public construction projects should receive "prevailing wages" - higher pay rates set by the state for government-funded work. The Washington Department of Labor & Industries had ordered that end-dump truck drivers be paid these higher wages. Silverstreak, Inc. challenged this decision, arguing the drivers weren't entitled to the special wage rates. **What the Court Decided** The Washington Supreme Court ruled that the truck drivers were not entitled to prevailing wages, but for different reasons than a lower court had decided. The Supreme Court found that while the drivers did participate in "material incorporation" (a key legal requirement), the Department couldn't enforce its wage order because it contradicted the agency's own earlier policies from 1992 and previous guidance given to suppliers. **Why This Matters for Workers** This ruling shows that government agencies must be consistent in their policies and can't suddenly change course without proper notice. While these specific drivers didn't get higher wages, the decision protects workers from arbitrary policy changes by requiring agencies to follow their established rules and provide fair warning before making changes that affect pay.

This summary was generated to explain the ruling in plain English and is not legal advice.

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