E-FILED IN COUNTY CLERK'S OFFICE PIERCE COUNTY, WASHINGTON November 02 2018 12:22 PM KEVIN STOCK COUNTY CLERK NO: 18-2-09076-3 II. JURISDICTION AND VENUE 2.1. The Superior Court of Washington has jurisdiction of Plaintiff?s claims pursuant to RCW 2.08.010. 2.2. Venue in Pierce County is appropriate pursuant to RCW 4.12.025. 2.3. All acts and omissions alleged in this Complaint took place in the State of Washington and Pierce County. PARTIES 3.1. Defendant Veterans Independent Enterprises of Washington, hereafter provides employment and transitional and permanent housing to Veterans in King and Pierce Counties. VIEW is an ?employer? for purposes of the MWA, WPA and WRA. 3.2. Defendant Donald Hutt, hereafter ?Hutt? is a governor of VIEW and has both authority and supervisory authority over the calculation and payment of wages by VIEW. Hutt is an ?employer? for purposes of the MWA, WPA and WRA. 3.3. Defendant Gary Peterson, hereafter ?Peterson? is a governor of VIEW and has both authority and supervisory authority over the calculation and payment of wages by VIEW. Peterson is an ?employer? for purposes of the MWA, WPA and WRA. 3.4. Plaintiff Michael Garwick, hereafter ?Garwick?, is a resident of Tacoma, Washington, a disabled Veteran and a former employee of defendants. He is also a tenant of defendant VIEW. 3.5. Plaintiff Matthew Granstrom, hereafter ?Granstrom?, is a resident of Tacoma, Washington, a disabled Veteran and a former employee of defendants. He is also a tenant of defendant VIEW. FIRST AMENDED CLASS ACTION ENTENTE LAW PLLC COMPLAINT FOR DAMAGES - 2 315 THIRTY-NINTH AVE SW STE 14 PUYALLUP, WA 98373-3690 (253) 446-7668 (11-IV. FACTUAL ALLEGATIONS 4.1. Plaintiffs and members of the putative class are or were employed in various positions at Fife location at 4630 16th St Suite and its new location in University Place, WA. 4.2. Plaintiffs and members of the putative class were regularly not paid on the established pay dates, but rather paid late, short paid or not paid at all. 4.3. Plaintiffs and members of the putative class were allowed, encouraged and implicitly threatened to volunteer for VIEW performing the same duties as they performed as employees or performing other duties normally performed by employees of VIEW but were not paid for the time worked. 4.4. Plaintiff Garwick and other members of the putative class entered into written agreements whereby in lieu of paying previously unpaid wages due at the time, Defendants would instead pay additional wages on each future paycheck to compensate. Defendants subsequently did not pay the agreed wages. 4.5. Defendants agreed to pay out accrued paid time off at separation; however, Plaintiffs and members of the putative were not paid for their accrued paid time off. 4.6. Defendants were ?nancially bene?ted when they deducted amounts for rent, program fees and other related fees from wages of Plaintiffs and members of the putative class. V. CLASS ACTION ALLEGATIONS 5.1. Plaintiffs seek to represent all past and current employees of Defendants. 5.2. This action is properly maintainable as a class action under CR 23 and FIRST AMENDED CLASS ACTION ENTENTE LAW PLLC COMPLAINT FOR DAMAGES 3 315 THIRTY-NINTH AVE SW STE 14 PUYALLUP. WA 98373-3690 (253) 446-7668 5.3. Pursuant to CR it is impracticable to join all of the members of the class as de?ned herein as named plaintiffs. 5.4. Pursuant to CR there are common questions of law and fact, including, but not limited to, whether Defendants paid late, short paid or failed to pay members of the class for all hours worked or ?volunteered,? whether Defendants made illegal deductions from class members? pay for rent, program fees or other items in violation of WAC 296-126-0288), whether Defendants failed to pay class members for accrued paid time off at separation consistent with its agreement with Plaintiffs and whether Defendants acted willfully and with the intent of depriving members of the class of wages or other compensation. 5.5. Pursuant to CR the named Plaintiffs? wage and hour claims are typical of the claims of all class members and of Defendants? anticipated defenses thereto. 5.6. The named Plaintiffs and their counsel will fairly and adequately protect the interests of the class as required by CR 23 5.7. Pursuant to CR class certi?cation is appropriate here because common questions of law or fact common to members of the class predominate over any questions affecting only individual members, and because a class action is superior to other available methods for the fair and ef?cient adjudication of the controversy. VI. FIRST CAUSE OF ACTION FAILURE TO PAY WAGES FOR ALL HOURS WORKED IN VIOLATION OF THE WASHINGTON MINIMUM WAGE ACT 6.1. Plaintiffs restate and reallege the allegations set forth in all preceding paragraphs. 6.2. At times where Defendants did not pay class members for all hours worked, Defendants have violated the Washington State Minimum Wage Act, RCW 49.46.010 et seq. FIRST AMENDED CLASS ACTION ENTENTE LAW PLLC COMPLAINT FOR DAMAGES - 4 315 THIRTY-NINTH AVE SW STE 14 PUYALLUP, WA 98373-3690 (253) 446-7668 6.3. At times where Defendants allowed, encouraged, or implicitly coerced Plaintiffs and members of the putative class to volunteer performing the same duties as they performed as employees or performing other duties normally performed by employees, Defendants have violated the Washington State Minimum Wage Act, RCW 49.46.010 et seq. by failing to pay Plaintiffs for wages. 6.4. As a result of Defendants? acts and omissions, Plaintiffs and members of the putative class have been damaged in amounts as will be proven at trial. VII. SECOND CAUSE OF ACTION FAILURE TO PAY WAGES IN VIOLATION OF THE WASHINGTON WAGE PAYMENT ACT AND WAGE REBATE ACT 7.1. Plaintiffs restate and reallege the allegations set forth in all preceding paragraphs. 7.2. At times where Defendants failed to pay additional wages agreed to in resolution of past unpaid wage claims, Defendants violated RCW 49.52.050. 7.3. At times where Defendants failed to pay accrued paid time off at separation of employment in violation of its agreement to do so, Defendants violated RCW 49.48.010 and RCW 49.52.050. 7.4. As a result of Defendants? acts and omissions, Plaintiffs and members of the putative class have been damaged in amounts as will be proven at trial. THIRD CAUSE OF ACTION WITHHOLDING AMOUNTS FOR RENT, PROGRAM FEES OR OTHER DEDUCTIONS FOR THE FINANCIAL BENEFIT OF THE EMPLOYER IN VIOLATION OF THE WASHINGTON WAGE PAYMENT ACT AND WAGE REBATE ACT 8.1. Plaintiff restates and realleges the allegations set forth in all preceding paragraphs. FIRST AMENDED CLASS ACTION ENTENTE LAW PLLC COMPLAINT FOR DAMAGES - 5 315 THIRTY-NINTH AVE SW STE 14 PUYALLUP. WA 98373-3690 (253) 446-7668 AWN 8.2. Defendants derived ?nancial bene?t from rent, program fees and related amounts deducted from wages; consequently, at times those deductions are taken, Defendants violated RCW 49.48.010, RCW 49.52.060, and WAC 296-126-028. 8.3. As a result of Defendants? acts and omissions, Plaintiffs and members of the putative class have been damaged in amounts as will be proven at trial. IX. FOURTH CAUSE OF ACTION WILLFUL WITHHOLDING OF WAGES IN VIOLATION OF RCW 49.52 9.1. Plaintiffs restate and reallege the allegations set forth in all preceding paragraphs. 9.2. By the foregoing, Defendants? actions are presumed to be and do constitute willful withholding of wages due in violation of RCW 49.52.050 and 070. 9.3. As a result of Defendants? acts and omissions, Plaintiffs and members of the putative class have been damaged in amounts as will be proven at trial. X. PRAYER FOR RELIEF WHEREFORE, Plaintiff requests this Court enter an order against Defendants, jointly and severally, granting her the following relief: A. Certi?cation of this case as a class action pursuant to CR 23(a) and B. Damages for unpaid wages in amounts to be proven at trial; C. Damages for lost wages due to the unlawful deductions for the ?nancial bene?t of the employer in amounts to be proven at trial. C. Exemplary damages in amounts equal to double the wages due to Plaintiff pursuant to RCW 49.52.070; D. Attorneys? fees and costs pursuant to RCW 49.46.090, 49.48.030, and 49.52.070; FIRST AMENDED CLASS ACTION ENTENTE LAW PLLC COMPLAINT FOR DAMAGES - 6 315 THIRTY-NINTH AVE SW STE 14 PUYALLUP, WA 98373-3690 (253) 446-7668 Prejudgment interest; and F. Such other and further relief as the Court deems just and proper. DATED this 2nd day of November, 2018. FIRST AMENDED CLASS ACTION COMPLAINT FOR DAMAGES - 7 ENTENTE LAW PLLC 9146126.er JRMES B. PIZL, WSBA #28969 Attorney for Plaim?i?r ENTENTE LAW PLLC 315 THIRTY-NINTH AVE SW STE 14 PUYALLUP. WA 98373-3690 (253) 446?7668