Victory at the Court of Appeals

A wage and hour lawsuit against a network of companies based in Pacific, WA will proceed as a certified class action, according to the appellate court. This is great news for Vashon Law Firm's clients and other hourly workers in Washington State.


In a unanimous decision authored by Hon. Linda Lee and signed by Hon. Rebecca Glasgow and Hon. Bradley Maxa, the Court of Appeals Division II sided with Vashon Law Firm's clients, the Plaintiffs. They also rejected all arguments put forward by the employers, Defendants Cedar Recycling Inc. (doing business as Rusty Rack Guys and Pacific Rim Holding), Valley Recycling Inc., the owner of these companies, Burt Gilleland, and the Vice-President of Operations for both companies, Angela Lee.

Logo of Rusty Rack Guys and Valley Recycling

The case centers around allegations that the defendant companies systematically violated Washington's wage and hour laws. The claims include that Defendants:

  • Routinely failed to provide rest breaks to employees;

  • Failed to provide meal breaks to employees;

  • Did not pay overtime compensation to hourly employees who worked more than 40 hours in a workweek; and

  • Failed to pay for all hours worked.

Plaintiff Travis Worley first filed this case to recover his undelivered paycheck in July 2017. As he fought to recover his unpaid wages, the case expanded into a class action that encompasses unpaid wages going back to August 20, 2015, on behalf of approximately 150 people.


The class action was certified by Hon. Stanley J Rumbaugh in Pierce County Superior Court on March 23, 2020. Leading up to that decision, Cedar and Valley took the position that "it would be an abuse of discretion to grant [Plaintiffs'] motion for class certification" (emphasis in original). Judge Rumbaugh disagreed with Defendants. After two years at the Court of Appeals, Defendants' argument was once again rejected. The relevant documents submitted in the appeal are available below.


Daniel Cairns, managing attorney at Vashon Law Firm PLLC, took the lead in drafting the appellate briefs for Plaintiffs and the certified class of workers.


More information about this case can be here found on the website of our co-counsel, Rekhi & Wolk, P.S.

 
"Rusty Rack Guys" Letterhead, as produced by the Washington State Department of Labor & Industries in response to a public records request.

Appeal Documents

Defendants' Brief - 10/22/2020

20201022-Petitioners-Brief-Worley
.pdf
Download PDF • 280KB

Plaintiffs' Brief - 12/4/2020

20201204-CrossAppellant-Brief-Worley
.pdf
Download PDF • 614KB

Defendants' Reply Brief

20210111-Petitioners-Reply-Worley
.PDF
Download PDF • 1.42MB

Plaintiffs' Reply Brief - 3/3/2021

20210303-CrossAppellant-Reply-Worley
.pdf
Download PDF • 585KB

Slip Opinion - 6/14/2022

D2 54900-0-II Unpublished Opinion
.pdf
Download PDF • 353KB
 

OPINION INFORMATION

Court of Appeals Division II State of Washington

Docket No.: 54900-0

Title of Case: Travis Worley, Et Al., Res./cross Petr. V. Cedar Recycling, Inc., Et Al., Pet./cross Res.

File Date: 06/14/2022


SOURCE OF APPEAL Appeal from Pierce County Superior Court

Docket No: 17-2-09587-2

Date filed: 03/23/2020

Judge: Hon. Stanley J Rumbaugh


JUDGES Authored by Linda Lee

Concurring: Rebecca Glasgow

Bradley Maxa


COUNSEL OF RECORD

Counsel for Petitioner(s)


Curtis J. Chambers

Richard August Bersin

Mark S Leen

Inslee, Best, Doezie & Ryder, P.S.

10900 Ne 4th St Ste 1500

Bellevue, WA, 98004-8345

Aleksander Richard Schilbach

Lane Powell PC

Po Box 91302

Seattle, WA, 98111-9402


Counsel for Respondent/Cross-Appellant


Daniel Cairns

Vashon Law Firm PLLC

13401 Vashon Hwy Sw

Vashon, WA, 98070-3305


Gregory Alan Wolk

Hardeep S Rekhi

Rekhi & Wolk, P.S.

529 Warren Ave N Ste 201

Seattle, WA, 98109-4527


Jaime M. Heimerl

Jackson Lewis P.C.

520 Pike St Ste 2300

Seattle, WA, 98101-4099