ALASKA AIRLINES v. DEPARTMENT OF LABOR

NO. 100485-1.

531 P.3d 252 (2023)

ALASKA AIRLINES, INC., Respondent, v. State of Washington, DEPARTMENT OF LABOR AND INDUSTRIES, Appellant.

Supreme Court of Washington, En Banc.

Filed June 29, 2023.


Attorney(s) appearing for the Case

James P. Mills , Wash. Attorney General's Office, P. O. Box 2317, Tacoma, WA, 98401-2317, Anastasia R. Sandstrom , Wash. Attorney General's Office, 800 5th Ave. Ste. 2000, Seattle, WA, 98104-3188, for Appellant.

Mark A. Hutcheson , Harry J.F. Korrell III , Davis Wright Tremaine LLP, 920 5th Ave. Ste. 3300, Seattle, WA, 98104-1610, for Respondent.

Darin M. Dalmat , Alyssa Marie Ayag Garcia , Barnard Iglitzin & Lavitt LLP, 18 W. Mercer St. Ste. 400, Seattle, WA, 98119-3971, for Amicus Curiae on behalf of Communication Workers Et Al. Assoc. of Flight Attendants.

Kathleen Phair Barnard , Barnard Iglitzin & Lavitt LLP, 18 W. Mercer St. Ste. 400, Seattle, WA, 98119-3971, for Amicus Curiae on behalf of Wa State Labor Council.

Jeffrey Lowell Needle , Attorney at Law, 705 2nd Ave. Ste. 1050, Seattle, WA, 98104-1759, for Amicus Curiae on behalf of Wa Employment Lawyers Assoc.

Andrew J.D. Kashyap , Attorney at Law, 1226 8th Pl. W., Seattle, WA, 98119-3443, for Amicus Curiae on behalf of Legal Voice.


¶1 The Washington family care act (WFCA), RCW 49.12.265-.295, requires employers to allow employees to use earned time off to care for a sick family member, even if the earned time off is called something other than "sick leave" or "family care leave." It is a statutory choice of...

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