Our clients filed this class action claim against their employer, an armored transport company, for altering time cards, denying rest and meal breaks, and requiring off-clock work. The class consists of approximately 480 driver/messengers who worked for Garda in Washington State at any time between Februrary 2006 and February 2015. The company agreed to settle the time card claim and the court has certified a class of all Washington driver/messengers for the meal and rest break claims.
The Washington Supreme Court denied Garda’s petition for review, so the lower courts’ decisions stand: Garda violated Washington law by depriving the class members of meal and rest breaks. The Court granted the Plaintiffs’ petition for review, which means it will consider whether the Court of Appeals was wrong to deduct substantial penalties and interest from the amount awarded to the class. If Plaintiffs prevail at the Supreme Court, the amount due from Garda to the class (presently about $9.6m) will be increased by about $1.5m. We expect a hearing in February or March and a decision within a year.
In late 2015, the King County Superior Court awarded judgment to the class against Garda for over $9 million. Garda appealed, and on March 27, 2017, the Court of Appeals mostly affirmed the judgment, cutting some of the interest and penalties awarded but leaving the judgment intact. With interest accruing every day, the judgment remains over $9 million. The deadline for further appeal is June 5th 2017.