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STAHL v. DELICOR OF PUGET SOUND, INC.

No. 72329-0.

64 P.3d 10 (2003)

148 Wash.2d 876

Roy STAHL, individually and on behalf of the Class, Appellant, v. DELICOR OF PUGET SOUND, INC., Respondent.

Supreme Court of Washington, En Banc.

Decided March 6, 2003.

Attorney(s) appearing for the Case

Preston Gates & Ellis LLP, Patrick-Madden, Steven Peltin, Seattle, for Appellant.

Williamson & Williams, Roblin Williamson, Seattle, Wiggins Law Office, Charles Wiggins, Kenneth Masters, Bainbridge Island, for Respondent.

JOHNSON, J.

In this case, we must determine whether delivery drivers and vending machine stackers, like Roy Stahl, are exempt workers under the retail sales exemption (RSE), RCW 49.46.130(3), of the Washington Minimum Wage Act (MWA), chapter 49.46 RCW. Delicor of Puget Sound, Inc., argues the Court of Appeals erred when it reversed the trial court's summary judgment dismissal of Stahl's suit. The Court of Appeals held that in order to earn a commission within the...

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