Justia Washington Supreme Court Opinion Summaries

David Martin's employment with Gonzaga University was terminated. He sued, alleging he was wrongfully discharged because of whistle-blowing, and asserted a private cause of action under RCW 49.12.250 for an alleged violation of the statute's requirement he be provided with his complete personnel file. Gonzaga successfully moved for summary judgment, dismissing the case, and the Court of Appeals affirmed dismissal of the wrongful discharge, but remanded the personnel file claim for further findings of fact. The issue this appeal presented for the Washington Supreme Court's review centered on whether the Court of Appeals applied the proper test to Martin's whistle-blower claim. The Supreme Court determined the appellate court applied the incorrect standard, and that the personnel file claim was not yet justiciable. So the Supreme Court affirmed dismissal of the whistle-blower claim, and reversed the personnel file claim, finding Gonzaga was entitled to summary judgment on both claims. View "Martin v. Gonzaga Univ." on Justia Law

Constant vigilance is a job requirement for Garda CL Northwest, Inc., a company that operates armored transportation services. Garda requires those employees to maintain vigilance even when they take lunch breaks. The Court of Appeals ruled this constant vigilance policy deprived employees of a meaningful meal period, as guaranteed under WAC 296-126-092. The court also ruled the policy violated the Washington Minimum Wage Act. Violations of the MWA mandates employers double exemplary damages unless certain exceptions apply. At issue before the Washington Supreme Court was whether : (1) Garda carried its burden of showing a debatable dispute over whether the employees waived their state law right to meal periods in their collective bargaining agreements; and (2) plaintiffs could recover both prejudgment interest and double exemplary damages for the same wage violation. The Supreme Court determined Garda failed to prove a bona fide dispute based on waiver, and that aggrieved workers could recover both double exemplary damages and prejudgment interest for the same wage violation. The Court of Appeals was reversed for holding to the contrary, and the matter remanded for further proceedings. View "Hill v. Garda CL Nw, Inc." on Justia Law

Respondent-petitioner Brandon Afoa was severely injured in an accident while working at the Port of Seattle for a cargo company. He sued the Port on a theory that the Port retained sufficient control over his work to have a duty to provide him a safe place to work. The Port argued in its defense that several airlines that were not parties to the lawsuit were at fault. A jury found Afoa suffered $40 million in damages and apportioned fault between him, the Port and the airlines. Notwithstanding Washington tort law in which tortfeasors are usually liable only for their proportionate share of the damages they cause, Aofa argued the Port was liable for both its portion and the airlines' portion. The Washington Supreme Court held RCW 4.22.070(1)(a) preserved joint and several liability when a defendant is vicariously liable for another's fault, but the jury's findings did not support the conclusion that the Port was vicariously liable for the airlines' fault. View "Afoa v. Port of Seattle" on Justia Law

The United States District Court for the Eastern District of Washington certified a question of Washington law to the Washington Supreme Court. This case began in 2016 when the two named plaintiffs filed this putative class action lawsuit against Dovex on behalf of Dovex's seasonal and migrant agricultural employees. Each summer, Dovex employs hundreds of seasonal and migrant workers, many of whom speak limited English, to harvest apples, pears, and cherries in Dovex's orchards. The plaintiffs alleged Dovex violated state and federal law by willfully refusing to pay wages and failing to "pay minimum wage, provide paid rest breaks, maintain accurate and adequate time and wage records, pay wages when due, [and] provide accurate statements of hours worked." The federal court asked: (1) whether Washington law requires agricultural employers to pay their pieceworkers for time spent performing activities outside of piece-rate picking work (e.g., "Piece Rate Down Time" and similar work); if yes, then how must agricultural employers calculate the rate of pay for time spent performing activities outside of piece-rate picking work (e.g., "Piece Rate Down Time" and similar work)? The Washington Supreme Court answered the first question “yes:” agricultural workers may be paid on a piece-rate basis only for the hours in which they are engaged in piece-rate picking work. Time spent performing activities outside the scope of piece-rate picking work must be compensated on a separate hourly basis. The Court answered the second question posed consistent with the parties’ position: the rate of pay for time spent performing activities outside of piece-rate picking work must be calculated at the applicable minimum wage or the agreed rate, whichever was greater. View "Carranza v. Dovex Fruit Co." on Justia Law

Judith Chavez and other registered nurses (nurses) sought class certification in their wage action against their employer, Our Lady of Lourdes Hospital at Pasco d/b/a Lourdes Medical Center and John Serle (Lourdes). The trial court denied class certification, and the Court of Appeals affirmed. At issue before the Washington Supreme Court was whether the trial court properly found that the nurses failed to satisfy the predominance and superiority requirements necessary for class certification. The Court held the trial court abused its discretion by finding that individual issues predominate and by failing to compare alternative methods of adjudication. Furthermore, the Supreme Court held that predominance was met because the dominant and overriding issue in this litigation was whether Lourdes failed to ensure the nurses could take rest breaks and second meal periods and could record missed breaks. Superiority was met because a class action was superior to other methods of adjudication for the resolution of these claims. View "Chavez v. Our Lady of Lourdes Hosp. at Pasco" on Justia Law

The Spokane Valley Fire Department (SVFD) fired Captain Jonathan Sprague for persistently including religious comments in e-mails that he sent through the SVFD computer systems and items he posted on the SVFD electronic bulletin board. Sprague sued the Department for violating his First Amendment free speech rights. The trial court and Court of Appeals declined to address the merits of Sprague's claims, instead concluding that his earlier, unsuccessful appeal to the Spokane County Civil Service Commission (Commission) collaterally estopped his lawsuit. The Washington Supreme Court reversed, finding Sprague met his initial burden to show that SVFD's restrictions on his speech violated the First Amendment. On remand, the burden will shift to SVFD to show by a preponderance of the evidence that it would have reached the same decision as to respondent's employment termination even in the absence of the protected conduct. View "Sprague v. Spokane Valley Fire Dep't" on Justia Law

A question of Washington law was certified to the Washington Supreme Court on whether prospective employers are free to engage in retaliatory discrimination in the hiring process. Waterville School District No. 209 hired Jin Zhu as a math teacher in 2006. In 2010, Waterville issued a notice of probable cause for Zhu's discharge, which he appealed. The hearing officer determined that there was not probable cause for discharge and restored Zhu to his position. Zhu then sued Waterville in federal district court, alleging that Waterville had subjected him to racially motivated disparate treatment, a hostile work environment, and retaliation in violation of 42 U.S.C. sections 1983, 2000e-2, and 2000e-3. His complaint alleged that he filed multiple grievances with Waterville regarding hostile and abusive actions by his students; instead of attempting to remedy the situation, Zhu alleged Waterville took retaliatory actions against him for filing the grievances, including attempting to discharge him without probable cause. After the district court denied Waterville's motion for summary judgment dismissal, the parties settled and Zhu resigned from Waterville in March 2012. Three months after resigning from Waterville, Zhu applied for a position as a "Math-Science Specialist" with ESD 171. Zhu was one of three candidates interviewed, but ESD 171 ultimately hired a different candidate, whom Zhu claims was far less qualified for the position. Zhu sued ESD 171 in federal district court, alleging that it refused to hire him in retaliation for his prior lawsuit against Waterville, thereby violating WLAD's antiretaliation statute, RCW 49.60.210(1), as well as other state and federal laws. The Washington Supreme Court held that in accordance with the plain language of the Washington Law Against Discrimination (WLAD), chapter 49.60 RCW, retaliatory discrimination against job applicants by prospective employers was prohibited. Therefore, plaintiff Jin Zhu's claim that defendant North Central Educational Service District - ESD 171 (ESD 171) refused to hire him because of his opposition to his former employer's racial discrimination stated a valid cause of action. View "Zhu v. N. Cent. Educ. Serv. District" on Justia Law

The Public Utility District No. 1 of Kittitas County (district) fired Kim Mikkelsen after 27 years of service. Mikkelsen sued the district, alleging that, among other things, her dismissal violated the Washington Law Against Discrimination (WLAD). Specifically, Mikkelsen claims that Charles Ward, the general manager, exhibited a bias against women and older employees and that gender and age discrimination were substantial factors in his decision to fire her. She also argued her dismissal violated the progressive correction action policy the district distributed to its employees. The Washington Supreme Court affirmed summary judgment dismissal of Mikkelsen's age discrimination claim because Mikkelsen presented almost no evidence of age discrimination. But the Court reversed summary judgment dismissal of Mikkelsen's gender discrimination claim because the facts taken in the light most favorable to her create a material issue of fact about whether gender discrimination was a substantial factor in Ward's decision to fire her. The corrective action policy was ambiguous and could plausibly be read as establishing a for-cause standard for dismissal. View "Mikkelsen v. Pub. Util. Dist. No. 1 of Kittitas County" on Justia Law

Former Seattle Public Schools (SPS) employees sought reversal of a Court of Appeals decision that affirmed summary judgment in favor of their bargaining representative, the International Union of Operating Engineers Local 609-A (IUOE). The appeal raised two issues: (1) whether petitioners' negligent and unauthorized practice of law and Consumer Protection Act claims against the union were subsumed within their claims that the IUOW breached its duty of fair representation; and (2) whether a six-month statute of limitations for unfair labor practices brought before the Public Employment Relations Commission applied to petitioners' claims they brought to the superior court. The Washington Supreme Court concluded the claims arising out of the union's representation were subsumed into a duty of fair representation claim, and that the six-month statute of limitations did not apply to unfair labor practices filed in superior court because the applicable statutes referred only to claims filed with the Public Employment Relations Commission. The Court held the trial court erred in granting summary judgment because petitioners' claims were timely. View "Killian v. Seattle Pub. Schs." on Justia Law

Basilio Carrera lost his right hand in a workplace accident. The issue this accident presented for the Washington Supreme Court’s review was whether the Department of Labor and Industries (L&I) could pursue a third party claim for Carrera's injuries against Sunheaven Farms LLC, the contractor responsible for workplace safety at Carrera's job. The Washington Court affirmed the Court of Appeals' holding that L&I could pursue such a claim: statutes of limitations do not run against the sovereign when, as here, the State brought an action in the public interest. Benefit to a private party in addition to that state interest does not strip a state action of its sovereign character. Here, L&I's claim stands to benefit the State by reimbursing the medical aid fund (Fund) and furthering public policy goals; it is therefore exempt from the statute of limitations under RCW 4.16.160. The Court of Appeals also correctly interpreted chapter 51.24 RCW as authorizing L&I to recover damages beyond what it may retain. View "Carrera v. Olmstead" on Justia Law