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ELLIOTT v. CUSTOM APPLE PACKERS, INC.

No. 27398-9-III.

228 P.3d 20 (2009)

153 Wash.App. 296

Delbert ELLIOTT, Appellant, v. CUSTOM APPLE PACKERS, INC., a Washington Corporation, Respondent.

Court of Appeals of Washington, Division 3, Panel Five.

Publication Ordered December 17, 2009.

Attorney(s) appearing for the Case

Scott Michael Kane, Attorney at Law, Alex Fox, Lacy Kane, P.S., East Wenatchee, WA, for Appellant.

Stanley Allen Bastian, Jeffers Danielson Sonn & Aylward, P.S., Wenatchee, WA, for Respondent.

SCHULTHEIS, C.J.

¶ 1 Delbert Elliott sued his former employer, Custom Apple Packers, Inc., under Washington's Minimum Wage Act (MWA), chapter 49.46 RCW, alleging Custom violated the MWA by failing to pay him for overtime hours. A jury rejected Mr. Elliott's claims. Mr. Elliott appeals, contending the trial court erred by (1) concluding that the MWA's agricultural exemption encompassed labor in fruit packing facilities and (2) failing to give an instruction defining...

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