Becerra v. Expert Janitorial

Expert Janitorial, LLC (defendant) contracted with Fred Meyer Stores, Inc. (Fred Meyer) to provide maintenance and janitorial services in Fred Meyer grocery stores. Expert Janitorial did not have its own janitorial employees but instead subcontracted independent janitorial-service companies to provide and supervise the workers who cleaned the stores. Carolina Becerra and others (workers) (plaintiffs) worked as night-shift janitors in Fred Meyer stores. The workers, who regularly worked more than 40 hours per week, were classified as independent contractors and did not receive overtime compensation. The workers sued Expert Janitorial and Fred Meyer, alleging that Expert Janitorial and Fred Meyer were joint employers and were liable to the workers under the Washington Minimum Wage Act (MWA) even though there was no formal employment relationship between the workers and Expert Janitorial or Fred Meyer. The trial court considered four factors to determine whether a joint-employment relationship existed, including whether the alleged joint employers (1) had the power to hire and fire, (2) supervised and controlled work schedules or employment conditions, (3) determined compensation rates and methods, and (4) maintained employment records. The trial court found that no joint-employment relationship existed and granted summary judgment to Expert Janitorial and Fred Meyer. The workers appealed, and the appellate court reversed. Fred Meyer and Expert Janitorial then appealed to the Washington Supreme Court.