CERT. FROM U.S. DIST. CT. v. KNIGHT TRANSP.

No. 96264-2.

448 P.3d 9 (2019)

CERTIFICATION FROM the UNITED STATES DISTRICT COURT FOR the WESTERN DISTRICT OF WASHINGTON IN Valerie SAMPSON and David Raymond, on their own behalf and on behalf of all others similarly situated, Plaintiffs, v. KNIGHT TRANSPORTATION, INC., an Arizona corporation, Knight Refrigerated, LLC, an Arizona limited liability company, and Knight Port Services, LLC, an Arizona limited liability company, Defendants.

Supreme Court of Washington.

Filed: September 5, 2019.


Attorney(s) appearing for the Case

Erika L. Nusser , Toby James Marshall , Terrell Marshall Law Group PLLC, 936 N. 34th St. Ste. 300 Seattle, WA, 98103-8869, Gregory Alan Wolk , Hardeep S. Rekhi , Rekhi & Wolk, P.S., 529 Warren Ave N Seattle, WA, 98109-4527, for Plaintiff.

Jeffrey Bert Degroot , Attorney at Law, Anthony Todaro DLA Piper LLP (US), 701 5th Ave. Ste. 6900, Seattle, WA, 98104-7029, John David Ellis , Sheppard Mullin Richter & Hampton, 4 Embarcadero Center 17th Floor, San Francisco, CA, 94111, Karin Vogel , Sheppard Mullin Richter & Hampton, 501 W. Broadway Floor 19, San Diego, CA, 92101, Paul Cowie , Sheppard Mullin Richter & Hampton, 379 Lytton Avenue, Palo Alto, CA, 94301, for Defendant.

Office of Attorney General, Attorney at Law, 1250 Pacific Avenue, Suite 105, Po Box 2317, Tacoma, WA, 98401-2317, Amicus Curiae on behalf of Washington State Department of Labor and Industries.

Philip Albert Talmadge Talmadge/Fitzpatrick/Tribe 2775 Harbor Ave. Sw. Third Floor Ste C Seattle, WA, 98126-2138 Richard Pianka ATA Litigation Center 950 North Glebe Road Arlington, VA, 22203, Amicus Curiae on behalf of American Trucking Association, Inc.

Philip Albert Talmadge , Talmadge/Fitzpatrick/Tribe, 2775 Harbor Ave. Sw., Third Floor Ste. C., Seattle, WA, 98126-2138, Richard Pianka , ATA Litigation Center, 950 North Glebe Road, Arlington, VA, 22203, Amicus Curiae on behalf of Washington Trucking Associations.

Marc Cote , Frank Freed Subit & Thomas LLP, Jeffrey Lowell Needle , Attorney at Law, 705 2nd Ave. Ste. 1050, Seattle, WA, 98104-1759, Amicus Curiae on behalf of Washington Employment Lawyers Association.

Julian Hua Beattie , Washington State Office of the Attorney, Ecology Division A.G. Office, Attorney at Law, 2425 Bristol Court Sw. Second Fl., Po Box 40117, Olympia, WA, 98504-0117, Amicus Curiae on behalf of Washington State Attorney General.


¶1 This case arises from a putative class action employment lawsuit involving commercial truck drivers who are paid on a piecework basis. We have been asked by Judge Coughenour of the United States District Court for the Western District of Washington to answer the following certified question: "Does the Washington Minimum Wage Act require...

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