McGINNITY v. AUTONATION, INC.

No. 27102-1-III.

202 P.3d 1009 (2009)

Alan McGINNITY, on his own behalf and on behalf of all others similarly situated, Respondents, v. AUTONATION, INC., a Delaware corporation; Appleway Chevrolet, Inc., a Washington corporation, d/b/a Appleway Chevrolet, Appleway Mazda Subaru, Appleway Mitsubishi, Appleway Scion, Appleway Toyota, Appleway VW Audi, Appleway Advertising, Appleway Automotive Group, Appleway Chevrolet Leasing, Appleway Group, Appleway Towing, East Trent Auto Sales, Opportunity Center, TSP Distributors; Northwest Financial Group, a Washington corporation, d/b/a BMW of Bellevue; AN/PF Acquisition Corp., a Delaware corporation, d/b/a Ford of Bellevue; Town & Country Chrysler Jeep, Inc., a Delaware corporation, d/b/a Town & Country Chrysler Jeep; Dodge of Bellevue, Inc., a Delaware corporation, d/b/a Dodge of Bellevue; Kirkland Pontiac-Buick-GMC, Inc., a Washington corporation, d/b/a Kirkland Pontiac-Buick-GMC, Appellants.

Court of Appeals of Washington, Division 3.

March 12, 2009.


Attorney(s) appearing for the Case

Michael J. Killeen, Kristina S. Bennard, Davis, Wright, Tremaine, LLP, Seattle, WA, James M. Kalamon, Paine, Hamblen, LLP, Spokane, WA, for Appellants.

Darrell W. Scott, Matthew J. Zuchetto, The Scott Law Group, P.S., Robert J. Crotty, Attorney at Law, Spokane, WA, Kim D. Stephens, Tousley, Brain, Stephens, PLLC, Beth E. Terrell, Toby J. Marshall, Terrell, Marshall & Daudt, PLLC, Seattle, WA, for Respondents.


SCHULTHEIS, C.J.

¶ 1 We have held that awards for attorney fees under RCW 49.48.0301 are not limited to judgments for wages earned for work performed, but are recoverable under RCW 49.48.030 whenever a judgment is obtained for any type of compensation due by reason of employment. Bates v. City of Richland, 112 Wn.App. 919, 940, 51 P.3d 816 (2002). Here...

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