Anfinson v. FedEx Ground Package System , Inc., No. 85949-3 (view WELA’s brief)
The Plaintiff brought a class action alleging that the class was erroneously classified as independent contractors instead of employees and were therefore denied overtime pay under the Washington Minimum Wage Act (MWA).? The case went to trial, and the jury was instructed that the determination of whether the Plaintiffs were independent contractors or employees was to be made under the common law? ” right to control “? test and not the economic realities test.? The court also ruled that representative evidence could not be used to determine class liability.? The verdict was in favor of the Defendants and the Plaintiffs appealed.? The Court of Appeals reversed.? 159 Wn.App. at 35.? The Defendants appealed and the Supreme Court accepted review.
WELA argues that representative evidence is fundamental to utilization of the class action litigation, and that the economic realities test is required to further the broad remedial purpose of the MWA.