Legal Opinion

Fiore v. PPG Industries, Inc.

Court of Appeals of Washington

Decided July 2, 2012No. 66956-7-IPublishedCited by 27 opinions

1Opinion of the CourtDwyer, J.

¶1 Where an employee’s duties consist principally of manual labor and individual retail sales, the employee’s primary duty is not “promoting sales” pursuant to our state’s minimum wage laws. Relatedly, such duties do not constitute administrative operations exempting the employee from the overtime wage protections of the Washington Minimum Wage Act1 (MWA or Act). Here, PPG Industries Inc. classified its employee, Andrew Fiore, as an administrative employee exempt from the requirements of the MWA and, accordingly, did not pay to Fiore overtime wages as mandated by the Act. Because PPG cannot…

2Cases cited44 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. City of Burlington v. DagueSupreme Court of the United States · 1992
  3. Christopher v. Smithkline Beecham Corp.Supreme Court of the United States · 2012
  4. Bowers v. Transamerica Title InsuranceWashington Supreme Court · 1983
  5. Mahler v. SzucsWashington Supreme Court · 1998

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3Cited by27 opinions

  1. Berryman v. MetcalfCourt of Appeals of Washington · 2013
  2. Miller v. KennyCourt of Appeals of Washington · 2014
  3. Cannabis Action Coalition v. City of KentCourt of Appeals of Washington · 2014
  4. Southern Colorado Orthopaedic Clinic Sports Medicine & Arthritis Surgeons, P.C. v. WeinsteinColorado Court of Appeals · 2014
  5. United States Mission Corp. v. KIRO TV, Inc.Court of Appeals of Washington · 2013

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