Dautel v. Heritage Home Center, Inc.

Entitlement to an award of attorney fees under RCW 49.48.030 in an employee’s action for wages or salary owed is based on comparison of the amount recovered and the amount the employer may have admitted to owing. Under the statute, an employee is entitled to an award of attorney fees if the amount of recovery is greater than the amount the employer admitted to owing. We hold that under the plain language of the statute, Mary Jane Dautel is entitled to an award of attorney fees against her former employer, Heritage Home Center. Because the trial court denied an award on that portion of…