Hill v. Garda CL Nw, Inc.

Constant vigilance is a job requirement for Garda CL Northwest, Inc., a company that operates armored transportation services. Garda requires those employees to maintain vigilance even when they take lunch breaks. The Court of Appeals ruled this constant vigilance policy deprived employees of a meaningful meal period, as guaranteed under WAC 296-126-092. The court also ruled the policy violated the Washington Minimum Wage Act. Violations of the MWA mandates employers double exemplary damages unless certain exceptions apply. At issue before the Washington Supreme Court was whether : (1) Garda carried its burden of showing a debatable dispute over whether the employees waived their state law right to meal periods in their collective bargaining agreements; and (2) plaintiffs could recover both prejudgment interest and double exemplary damages for the same wage violation. The Supreme Court determined Garda failed to prove a bona fide dispute based on waiver, and that aggrieved workers could recover both double exemplary damages and prejudgment interest for the same wage violation. The Court of Appeals was reversed for holding to the contrary, and the matter remanded for further proceedings. View "Hill v. Garda CL Nw, Inc." on Justia Law