Becerra Becerra v. Expert Janitorial, LLC (Majority)
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Plaintiffs worked as night janitors for subcontractors in various Puget Sound Fred Meyer grocery stores. They alleged that they regularly worked well over 40 hours per week without being paid either minimum wage or overtime as required by Washington's Minimum Wage Act (MWA). The issue this case presented to the Washington Supreme Court was whether Fred Meyer Stores Inc. and Expert Janitorial LLC were joint employers of the janitors for purposes of the Act. While the Supreme Court had never specifically held that the "joint employer" doctrine was a viable theory under the MWA, consistent with the interpretations of the federal Fair Labor Standards Act (FLSA), liability under minimum wage laws may extend to "joint employers" even when there is no formal employment relationship. The trial court dismissed the plaintiffs' joint employer claims against Fred Meyer and Expert, a middleman, at summary judgment. The Supreme Court found that summary judgment was improperly granted and remanded for further proceedings.
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