Douglas Smith Comments on Washington’s Clarification of Wage and Hour Suit

"Wash. Supreme Court Throws Out Delay-Of-Pay Suit,"

In a wage and hour suit in which police officers brought a class action against their county for allotting a separate payday for overtime work, the Washington Supreme Court made a decision in favor of the county. The Court clarified Washington's wage and hour laws, holding that a violation of the Minimum Wage Act cannot be asserted for a delay in pay and also that the Whistleblower Protection Act cannot be asserted when the plaintiff is a current employee of the defendant employer during the trial. Douglas Smith of Littler's Seattle office said that the verdict helped clarify Washington wage and hour law and that it also helps stymie an emerging trend for employees to try and bring forth wage and hour class actions in an attempt to receive double damages on wages.