BERROCAL v. FERNANDEZ

No. 75549-3.

121 P.3d 82 (2005)

Heriberto BERROCAL and Rafael Castillo, Respondents, v. Max FERNANDEZ and Ann Fernandez, a marital community, and Western Range Association, Petitioners.

Supreme Court of Washington, En Banc.

Decided October 13, 2005.


Attorney(s) appearing for the Case

Paul Hamilton Beattie Jr., Ryan Mark Edgley, Edgley & Beattie PS, Yakima, for Petitioners.

Daniel Ford, Columbia Legal Services, Seattle, Lori Jordan Isley, Columbia Legal Services, Yakima, for Respondents.

Linda Ann Sellers, Yakima, for Amicus Curiae (S. Martinez Livestock, Inc.)

Douglas B.M. Ehlke, Ehlke Law Offices, Federal Way, for Amicus Curiae (Washington State Farm Bureau Federation).


OWENS, J.

¶ 1 The Washington Minimum Wage Act (MWA), chapter 49.46 RCW, provides that a minimum hourly wage rate must be paid to employees in this state. The MWA excludes from the definition of "[e]mployee," and thereby exempts from the minimum wage requirements, "[a]ny individual whose duties require that he or she reside or sleep at the place of his or her employment or who otherwise spends a substantial portion of his or her work time subject to call, and...

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