DeCoster attorneys ask judge to throw out truckers’ lawsuit

AUBURN – Attorneys for the former DeCoster Egg Farm asked a judge Monday to throw out a class-action lawsuit brought against the farm by truck drivers looking for back overtime pay.

The lawsuit was filed in 2001 on behalf of about 50 truckers seeking more than $1 million in overtime pay dating back to 1997.

The truckers say state law requires that they be paid time-and-a-half for any work over 40 hours per week. They say that never happened.

But lawyers for the farm say state law exempts employers from having to pay overtime to drivers delivering food that rots.

Both sides presented their arguments Monday to Justice Thomas Delahanty II in Androscoggin County Superior Court. The judge set no timetable for ruling on the motion for a summary judgment.

The suit names two defendants: Austin “Jack” DeCoster and Northern Transportation LLC, which is one of eight smaller companies that now comprise the former DeCoster Egg Farm.

The suit revolves around Maine’s overtime law, which lists certain types of companies that are exempt from paying overtime. Trucking is not included on the list.

The law, however, does exempt employees involved in the shipping or distribution of agricultural produce, meat and fish products, and perishable foods.