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DEMETRIO v. SAKUMA BROS. FARMS, INC.

No. 90932-6.

355 P.3d 258 (2015)

Certification from the United States District Court for the Western District of Washington In Ana Lopez DEMETRIO and Francisco Eugnio Paz, Plaintiffs, v. SAKUMA BROTHERS FARMS, INC., Defendant.

Supreme Court of Washington, En Banc.

Decided July 16, 2015.

Attorney(s) appearing for the Case

Daniel Ford, Columbia Legal Services, Marc Cote, Toby James Marshall, Terrell Marshall Daudt & Willie PLLC, Sarah Leyrer, Seattle Office of Labor Standards, Seattle, WA, for Plaintiffs.

Adam S. Belzberg, Elena Christian Bundy, Timothy J. O'Connell, Stoel Rives LLP, Seattle, WA, for Defendant.

Noah Guzzo Purcell, Peter B. Gonick, Washington Attorney General's Office, Olympia, WA, amicus counsel for Attorney General of Washington.

James P. Mills, Office of the Attorney General, Tacoma, WA, amicus counsel for Department of Labor & Industries.

Robert Andrew Battles, Association of Washington Business, Olympia, WA, amicus counsel for Association of Washington Business.

Robert Andrew Battles, Association of Washington Business, Olympia, WA, amicus counsel for Washington Farm Bureau Federation.

Robert Andrew Battles, Association of Washington Business, Olympia, WA, amicus counsel for Western Growers Association.

Kristin Ferrera, Jeffers Danielson Sonn Aylward PS, Wenatchee, WA, Brendan V. Monahan, Sarah Lynn Clarke Wixson, Stokes Lawrence Velikanje Moore & Shore, Yakima, WA, amicus counsel for Washington Farm Labor Association.

Kristin Ferrera, Jeffers Danielson Sonn Aylward PS, Wenatchee, WA, Brendan V. Monahan, Sarah Lynn Clarke Wixson, Stokes Lawrence Velikanje Moore & Shore, Yakima, WA, amicus counsel for Washington State Tree Fruit Association.

Kristin Ferrera, Jeffers Danielson Sonn Aylward PS, Wenatchee, WA, Brendan V. Monahan, Sarah Lynn Clarke Wixson, Stokes Lawrence Velikanje Moore & Shore, Yakima, WA, amicus counsel for Washington Growers League.

Daniel Foster Johnson, Breskin Johnson & Townsend PLLC, Stephen Kirk Festor, Bendich Stobaugh & Strong PC, Seattle, WA, amicus counsel for Washington Employment Lawyers Association (WELA).

Daniel Foster Johnson, Breskin Johnson & Townsend PLLC, Stephen Kirk Festor, Bendich Stobaugh & Strong PC, Seattle, WA, amicus counsel for Afl-cio Washington State Labor Council.

Mario G. Martinez, Bakersfield, CA, Sean M. Phelan, Frank Freed Subit & Thomas, Seattle, WA, amicus counsel for United Farm Workers of America.

Rebecca A. Smith, National Employment Law Project, Seattle, WA, amicus counsel for National Employment Law Project.

Ali Beydoun, Dave Mauch, Farmworker Justice, Washington, DC, amicus counsel for Farmworker Justice.

Ali Beydoun, Dave Mauch, Farmworker Justice, Washington, DC, amicus counsel for Migrant Clinicians Network.

Ali Beydoun, Dave Mauch, Farmworker Justice, Washington, DC, amicus counsel for Sea Mar Community Health Centers.

¶ 1 We have been asked to answer two certified questions arising from a class action employment lawsuit pending in federal district court. Washington labor regulations allow employees to take short rest breaks "on the employer's time." When applied to employees paid by the hour, that means employers must pay employees their regular hourly...

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