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LACOURSIERE v. CAMWEST DEVELOPMENT, INC.

No. 67034-4-I.

289 P.3d 683 (2012)

Shaun LACOURSIERE, Appellant/Cross-Respondent, v. CAMWEST DEVELOPMENT, INC., a Washington corporation, and Eric H. Campbell, an individual, Respondents/Cross-Appellants.

Court of Appeals of Washington, Division 1.

December 3, 2012.

Attorney(s) appearing for the Case

Daniel R. Case , Larson Berg & Perkins PLLC, Yakima, WA, for Appellant.

James M. Shore , Karin D. Jones , Stoel Rives, Seattle, WA, for Respondent.

SPEARMAN, A.C.J.

¶ 1 To be considered compensation protected by the provisions of Washington's anti-kickback statute, chapter 49.52 RCW (the Wage Rebate Act or WRA), a bonus that is discretionary must be given regularly to create an implied contract and reliance, otherwise it is a mere gratuity. Additionally, the Wage Rebate Act is violated only where an employer collects a "rebate" of wages already paid.

¶ 2 Here, the discretionary bonuses provided...

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