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ANFINSON v. FEDEX GROUND PACKAGE SYSTEM

No. 85949-3.

281 P.3d 289 (2012)

174 Wn.2d 851

Randy ANFINSON, James Geiger, and Steven Hardie, individually and on behalf of others similarly situated, Respondents, v. FEDEX GROUND PACKAGE SYSTEM, INC., Petitioner, John Schnebeck, Cheryl Pilakowski, and John Does 1 through 10, Defendants.

Supreme Court of Washington, En Banc.

Decided July 19, 2012.

Attorney(s) appearing for the Case

Kelly Patrick Corr , Guy Paul Michelson , Kevin Carl Baumgardner , Emily J. Harris , Corr Cronin Michelson Baumgardner & Preece, Howard Mark Goodfriend , Catherine Wright Smith , Smith Goodfriend, PS, Seattle, WA, for Petitioner.

William Joel Rutzick , Martin S. Garfinkel , Schroeter Goldmark & Bender, Lawrence Rea Schwerin , Dmitri L. Iglitzin , Schwerin Campbell Barnard Iglitzin & Lav, Seattle, WA, for Respondents.

Amanda J. Goss , Attorney General Office, Seattle, WA, amicus counsel for Department of Labor and Industries.

Toby James Marshall , Terrell Marshall Daudt & Willie, PLLC, Jeffrey Lowell Needle , Maynard Building, Seattle, WA, amicus counsel for Washington Employment Lawyers Association.

OWENS, J.

¶ 1 This case concerns the classification of workers as employees or independent contractors for purposes of the Washington Minimum Wage Act (MWA), chapter 49.46 RCW. A class of 320 former and current FedEx Ground Package System, Inc. (FedEx) delivery drivers (hereinafter Anfinson) brought this action seeking overtime wages under the MWA and reimbursement for uniform expenses under the industrial welfare act (IWA), chapter 49.12 RCW. The primary dispute...

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