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MORGAN v. KINGEN

No. 81202-1.

210 P.3d 995 (2009)

Eufemia "Emma" MORGAN, Nancy Pitchford and Daniel McGillivray, individually and behalf of all the members of the class of persons similarly situated, Respondents, v. Gerald KINGEN and Jane Doe Kingen, husband and wife and the marital community comprised thereof, Scott and Jane Doe Switzer, and the marital community comprised thereof, Petitioners.

Supreme Court of Washington, En Banc.

Decided July 2, 2009.

Attorney(s) appearing for the Case

William Keller McInerney, Jr., WK McInerney PLLC, Seattle, for Petitioners.

Claudia Kilbreath, Short Cressman & Burgess PLLC, Seattle, for Respondents.

Kristopher Ian Tefft, Amicus Curiae on Behalf of Association of Washington Business; National Federation of Independent Business Legal Foundation; Recreational Gaming Association of Washington; Washington Contract Loggers Association; Washington Food Industry; Washington Restaurant Association; Washington Retail Association; Washington State Farm Bureau Federation.

C. JOHNSON, J.

¶ 1 This case asks us to determine whether financial status, specifically bankruptcy under chapter 7 liquidation, is a valid defense to negate the finding of a willful failure to pay wages owed to employees. RCW 49.52.050 and RCW 49.52.070 respectively set out the criminal and civil penalty mandated where any employer or officer, vice principal, or agent of any employer willfully and with intent deprives the employee of any part of his or her wages...

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