McGINNIS v. STATE

No. 74529-3.

99 P.3d 1240 (2004)

Joe McGINNIS, Wes Diaz, Annie Presley, Ken Riconoscoto, Franklin Burton, individually and on behalf of all persons similarly situated, Appellants, v. STATE of Washington, Respondent.

Supreme Court of Washington, En Banc.

Decided October 28, 2004.


Attorney(s) appearing for the Case

Lewis Lynn Ellsworth, Warren Evans Martin, Gordon Thomas Honeywell, Tacoma, Stewart Michael Jay, Mercer Island, for Appellants.

Stewart Arthur Johnston, Kara Anne Larsen, Assistant Attorney Generals, Olympia, for Respondent.


FAIRHURST, J.

We must determine whether the State qualified as an employer under the industrial welfare act (IWA), chapter 49.12 RCW, prior to 2003. If it did, we must determine whether the legislature's 2003 amendment to the IWA, clarifying that the State is not an employer generally, may apply retroactively.

We find that the State was not an employer under the IWA generally at least as early as 1988. We therefore affirm, on different grounds, the trial court...

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