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FIORE v. PPG INDUSTRIES, INC.

No. 66956-7-I.

279 P.3d 972 (2012)

Andrew FIORE, Respondent, v. PPG INDUSTRIES, INC., a Pennsylvania Corporation, Appellant.

Court of Appeals of Washington, Division 1.

July 2, 2012.

Attorney(s) appearing for the Case

Douglas Edward Smith , Littler Mendelson , Seattle, WA, Robert W. Pritchard , Littler Mendelson , Pittsburgh, PA, Kerry Notestine , Littler Mendelson , Houston, TX, for Appellant.

Lisa Anne Burke , Donald W. Heyrich , Patrick Leo McGuigan , Heyrich Kalish McGuigan PLLC, Seattle, WA, Kenneth Wendell Masters , Masters Law Group PLLC, Bainbridge Island, WA, Paul Michael Crisalli , Washington State Court of Appeals, Tacoma, WA, for Respondent.

DWYER, J.

¶ 1 Where an employee's duties consist principally of manual labor and individual retail sales, the employee's primary duty is not "promoting sales" pursuant to our state's minimum wage laws. Relatedly, such duties do not constitute administrative operations exempting the employee from the overtime wage protections of the Washington Minimum Wage Act1 (MWA or Act). Here, PPG Industries, Inc. (PPG) classified its employee...

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