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Crane v. URS Midwest Inc.

United States District Court, W.D. Washington, Seattle

November 4, 2019

KEVIN J. CRANE, Plaintiff,
v.
URS MIDWEST, INC., Defendants.

          Brian Denlinger India Lin Bodien, WSBA #44898 Law Offices of India Bodien, Esq.

          Craig J. Ackermann, WSBA #53330 Brian Denlinger, WSBA #53177 ACKERMANN & TILAJEF, P.C. Attorneys for Plaintiff

          Jeffrey Wells Sheryl Willert, WSBA #08617 Jeffery M. Wells, WSBA #45840 David W. Wiley, WSBA #8614 WILLIAMS, KASTNER & GIBBS PLLC Attorneys for Defendant

          STIPULATED MOTION AND [PROPOSED] ORDER STAYING CASE PENDING NINTH CIRCUIT'S DECISION IN INTERNA TIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 2785 V. FMCSA

          JAMES L. ROBERT, JUDGE

         RECITALS

         WHEREAS, on or about August 2, 2019, Plaintiff KEVIN J. CRANE ("Plaintiff) filed his Class Action Complaint and the operative First Amended Complaint for Unpaid and Wrongfully Withheld Wages (the "Complaint") in this action in the Superior Court of the State of Washington in and for the County of King at Seattle [Dkt. #1-1];

         WHEREAS, on September 3, 2019, Defendant URS MIDWEST, INC. ("Defendant") removed Plaintiff s above-described state court action to this Court [Dkt. #1] invoking the subject matter jurisdiction of this Court under the Class Action Fairness Act ("CAFA"), which the parties agree is properly invoked in this action;

         Plaintiff's Unpaid Non-Productive Time Claims

         WHEREAS, in his Complaint, Plaintiff alleged a cause of action for, inter alia, Defendant's failure to pay minimum wage for all non-productive time activities (i.e., detention time, loading and unloading, pre and post-trip inspections) in violation of RCW 49.46.020, 090;

         WHEREAS, in his Complaint, Plaintiff alleges that, in Sampson v. Knight Transportation, Inc., No. 2:17-cv-00028-JCC, 2018 WL 2984825, at *8-9 (W.D. Wash. June 14, 2018) (Coughenour, J.), the court "recogniz[ed] that while ... non-productive time claims were previously denied [class] certification" on the grounds that such claims were not cognizable under Washington law, the court's prior holdings were "called into question by the Washington Supreme Court's recent ruling in Caranza [sic]" [Dkt. #1-2, ¶ 16];

         WHEREAS, in Sampson, the district court "conclude[d] that the law underlying Plaintiffs' on duty, not driving claim is not clearly determined, and that the Washington Supreme Court is in a better position than this Court to answer this question," see id, and therefore certified the following question to the Washington Supreme Court: "Does the Washington Minimum Wage Act require non-agricultural employers to pay their piece-rate employees per hour for time spent performing activities outside of piece-rate work?" Id. at *8-9;

         WHEREAS, subsequent to Plaintiff filing his Complaint, on September 5, 2019, the Washington Supreme Court issued a decision in Sampson, et at v. Knight Transportation, Inc., Case No. 96264-2 (Wash. Sept. 5, 2019), available at http://www.courts.wa.gov/opinions/pdf/962642.pdf. The Washington Supreme Court in Sampson held that the Washington Minimum Wage Act (WMWA) does not require non-agricultural employers to pay their piece-rate employees per hour for time spent performing activities outside of piece-rate work. As such, the Parties agree Plaintiffs nonproductive time claim under the WMWA are no longer actionable;

         Plaintiff's Putative Unpaid Non-Productive Time Claims

         WHEREAS, in his Complaint, Plaintiff alleged a cause of action for, inter alia, Defendant's failure to pay hourly and separate wages for time spent on statutory rest breaks apart from and in addition to piece-rate pay in violation of WAC 296-126-092(4); WHEREAS, on or about December 21, 2018, the Federal Motor Carrier Safety Administration ("FMCSA") issued an Order[1] granting the American Trucking Associations' and the Specialized Carriers and Rigging Association's petition requesting a determination that California's meal and rest break rules are preempted under 39 U.S.C. ยง 31141 as applied to property-carrying commercial motor vehicle drivers, which differed from an earlier decision it had made in 2008 that: "FMCSA cannot entertain this ...


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