CLARK v. CITY OF KENT

No. 57359-4-I.

150 P.3d 161 (2007)

Thomas A. CLARK; Jeff Cobb; Todd P. Durham; John A. Pagel, Jr.; and Paul Peter, individuals and as representatives of a class of overtime eligible employees of the City of Kent Police Department, Respondents, v. CITY OF KENT, a political subdivision of the state of Washington, Appellant.

Court of Appeals of Washington, Division 1.

January 16, 2007.


Attorney(s) appearing for the Case

Bruce L. Schroeder, Elizabeth Rose Butle Kennar, Denise L. Ashbaugh, Seattle, WA, for Appellant City of Kent.

William B. Aitchison, Mark A. Crabtree, Portland, OR, Jeffrey Julius, Hilary H. McClure, Seattle, WA, for Respondent Thomas A. Clark.

George E. Merker, III, Merker Law Offices, Bainbridge Island, WA, James Michael Cline, Aaron David Jeide, Seattle, WA, for Amicus Lawson.

Jeffrey Moss Slayton, Seattle City Attorneys Office, Seattle, WA, for Amicus City of Seattle.


COX, J.

¶ 1 May a city that pays its employees twice per month, in order to facilitate bookkeeping, maintain a payroll system in which wages earned up to 14 days before each payday are withheld from a current pay period and paid on the following regular payday? We hold that WAC 296-128-035 does not preclude such a system. Accordingly, we reverse the summary judgment in favor of plaintiffs, who are employees of the City of Kent, and remand for further proceedings...

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