MORRISON v. BASIN ASPHALT CO.

No. 23568-8-III.

127 P.3d 1 (2005)

131 Wash.App. 158

Dale MORRISON and Shirley Morrison, husband and wife; Bruce Hockaday and Betty Hockaday, husband and wife; William J. Robbins, a single man; and John Does and Jane Does I-X, Respondents, v. BASIN ASPHALT CO., a Washington corporation; Superior Asphalt & Concrete Co., a Washington corporation; Superior Paving Co.; a Washington corporation; Transtate Asphalt Co., a Washington corporation; Transtate Paving Co., a Washington corporation; and John Does and Jane Does I-X, Appellants.

Court of Appeals of Washington, Division Three.

Publication Ordered and Reconsideration Denied January 24, 2006.


Attorney(s) appearing for the Case

Gary Edward Lofland, Attorney at Law, Yakima, WA, for Appellants.

John William O'Leary, Attorney at Law, Kennewick, WA, for Respondents.


KATO, C.J.

¶ 1 Employees of Basin Asphalt, Superior Asphalt, Superior Paving, Transtate Asphalt, and Transtate Paving brought suit to receive the prevailing wage for delivery and load time. They asserted the employers' failure to pay was a willful and intentional deprivation of wages, thus entitling them to damages, fees, and costs. The employers responded there was a bona fide dispute over the wage to be paid for delivery and load time and its failure to pay...

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