COOPER v. ALSCO, INC.

No. 91801-5.

376 P.3d 382 (2016)

David COOPER and Jerry Scott, individually and on behalf of all those similarly situated, Respondents, v. ALSCO, INC., a foreign corporation, Appellant.

Supreme Court of Washington, En Banc.

Filed August 4, 2016.


Attorney(s) appearing for the Case

Portia Renee Moore , Harry J.F. Korrell III , Kathryn S. Rosen , Taylor S. Ball , Attorney at Law, Davis Wright Tremaine LLP, 1201 3rd Avenue Suite 2200, Seattle, WA, 98101-3045, Counsel for Appellant.

Adam J. Berger , Martin S. Garfinkel , Schroeter Goldmark & Bender, 810 3rd Avenue Suite 500, Seattle, WA, 98104-1657, Geoffrey D. Swindler , Law Office of Geoffrey D. Swindler, 103 E Indiana Avenue Suite A, Spokane, WA, 99207-2317, Counsel for Respondents.

Toby James Marshall , Elizabeth Anne Adams , Terrell Marshall Law Group PLLC, 936 N 34th St. Suite 300, Seattle, WA, 98103-8869, Jeffrey Lowell Needle , Maynard Building, 119 1st Avenue S Suite 200, Seattle, WA, 98104-3450, Amicus Curiae on behalf of Washington Employment Lawyers Association.


¶ 1 This case requires us to determine if Alsco Inc. is a "retail or service establishment" (RSE) under chapter 49.46 RCW for purposes of an exemption to the overtime pay requirement. See RCW 49.46.010(6). The trial court granted the employees' motion for summary judgment regarding entitlement to overtime pay, finding that...

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