Court of Appeals for the Ninth Circuit December 1, 1987, 86-2852 (Joshua Agsalud, Director of Labor and Industrial Relations, State of Hawaii v. Pony Express Courier Corporation of America)

PER CURIAM:

Appellant Pony Express, a carrier regulated under the federal Motor Carrier Act, 49 U.S.C. § 3101

et seq.,

argues that the Motor Carrier Act preempts Hawaii Revised Stat. § 387-3(a) requiring employers to pay time-and-one-half for work in excess of 40 hours per week.

Three circuits have considered this contention and have rejected it.

See Pettis Moving Co. v. Roberts,

784 F.