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BECERRA v. EXPERT JANITORIAL, LLC

No. 68528-7-I.

309 P.3d 711 (2013)

176 Wn. App. 694

Carolina Becerra BECERRA; Julio Cesar Martinez Martinez; Moises Santos Gonzalez; Heriberto Ventura Saturnino; Orlando Ventura Reyes; Jose Luis Coronado; Alma A. Becerra; and Adelene Mendoza Solorio, Appellants, v. EXPERT JANITORIAL, LLC, dba Expert JMS; and Fred Meyer Stores, Inc., Respondents, All Janitorial, LLC; Sergey Chaban; All American Janitorial, LLC; Raul Campos; and Janitorial Maintenance & Supply, LLC, dba JMS, Defendants.

Court of Appeals of Washington, Division 1.

September 16, 2013.

Attorney(s) appearing for the Case

David N. Mark , Attorney at Law, William Joel Rutzick , Schroeter Goldmark & Bender, Ian Mckenzie Messerle , Miller Nash LLP, Seattle, WA, for Appellants.

Jeffrey Bennett Youmans , Melissa Kimberly Mordy , Davis Wright Tremaine LLP, Francis L. Van Dusen Jr. , Miller Nash LLP, Seattle, WA, for Respondents.

COX, J.

¶ 1 The primary issue in this case of first impression is whether either Fred Meyer Stores, Inc. or Expert Janitorial, LLC is a "joint employer" of the appellant janitors under Washington's Minimum Wage Act (MWA). We hold that the proper test to determine this legal question is the "economic reality" test. That test requires examination of all factors relevant to the particular employment situation to determine the economic reality of the relationship...

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