WA Legal Roundup
Three new opinions out of Division III (from yesterday, but really...I was busy...trust me on this).
Under any employment action, attorneys fees are recoverable not just on recovery of wages, but also other benefits. Autonation challenged the award of attorneys' fees, claiming that the finding that the class had not proven benefits were wages precluded an award. The court of appeals affirmed the award:
We see no reason to interpret the portion of the award in which the arbitrator found that the class failed to prove that "vacation time does not constitute wages under Washington law." We decline to do so because this finding is immaterial to the arbitrator's award of attorney fees. The finding at issue was made in the narrow context of the class's claim for damages under various sections of Washington's minimum wage statute. The question of whether the class could recover under a statutory wage claim theory is entirely different from the characterization of an award of damages under RCW 49.48.030, where wages are broadly defined as compensation owed by reason of employment. Bates, 112 Wn. App. at 940.
Aljutily got on the myspace and found the page of a girl he thought was 13. He contacted her via yahoo messenger (which was listed on the page), where he proceeded to make with the dirty talk, dirty websites, and of course pictures of him jerkin' the gherkin. He challenged the communication of a minor statute -- specifically the electronic communication provision -- as unconstitutionally overbroad.
You can guess how that went. Affirmed -- the statute is not overbroad (great analysis of the application of the Supreme Court decision in Williams though, for you aspiring Con Law scholars).
You get attorneys fees if the amount pleaded is $10K or less. Her complaint didn't list an amount. In interrogatories, she responded she had $25K in generals. Oops. She then offered to settle for $8k. Welp, that is not pleaded, my dear. It then went to arbitration and she received almost $25k. Welp, the $8k isn't pleaded, the $25k was.
No attorneys fees for Pierson.