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Rush v. State of Washington
"Rush I"

King County Superior Court

Civil Case No. 20-2-03771-1

Part-Time Community and Technical College
Instructors Denied Sick Leave

Part-time community and technical college academic employees for the State of Washington are guaranteed sick leave proportionate to that of their full-time counterparts under RCW 28B.50.4893.

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Dana Rush has worked as a part-time Washington community college instructor since 1991.  He, and other community and technical college academic employees like him, are entitled to prorata sick leave proportionate to his full-time equivalency under RCW 28B.50.4893, but the State failed to credit this sick leave.

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Recently, King County Superior Court Judge LeRoy McCullough granted plaintiffs' motion to establish a formula to calculate damages, and ordered exemplary damages (double damages) against the State for its willful withholding of sick leave wages.  Read the Court's order in the Case Documents section below.

Case History

Class representative Dana Rush filed suit against the State of Washington
on behalf of part-time state community and technical college academic
employees who were erroneously denied or otherwise improperly credited
sick leave owed to them under RCW 28B.50.4893.

The Legislature passed Washington Laws 2000, Ch. 128, which provided
(codified at RCW 28B.50.4893):

"Part-time academic employees of community and technical
colleges shall receive sick 
leave to be used for the same illnesses,
injuries, bereavement, and emergencies as 
full-time academic
employees at the college in proportion to the individual's teaching
 
commitment at the college."

The Legislature provided that all part-time faculty were eligible for employee
benefits based on hours worked ("in proportion to the individual's teaching
commitment").  The State did not follow this statute, however.  The colleges
did not award proportionate sick leave.


The class was certified by King County Superior Court Judge Averil Rothrock. 
Judge Rothrock found that a class action was "the best way" to proceed. Judge
Marshall Ferguson then granted partial summary judgment on liability, agreeing
with plaintiffs that the State had not provided proportionate sick leave as required
by state law, and striking the State's collective bargaining agreement defense.


Judge LeRoy McCullough later ruled on a motion to determine the statute of
limitations that "class members are entitled to recoup sick leave back to the
effective date of the 2006 amendment to RCW 28B.50.4893 or the start of their
employment, whichever is later."


Recently, Judge McCullough granted plaintiffs' motion to establish a formula
to calculate losses for class members.  Judge McCullough also ordered exemplary
damages (double damages), finding that the State willfully withheld sick
leave wages from part-time community and technical college academic employees.


Class counsel are compiling and analyzing the data necessary to determine
class member losses.


This webpage will be updated with information as the case progresses. 
Please check back periodically for updates.
  

Class
Members

King County Superior Court Judge Averil Rothrock certified the following class:

"All part-time academic employees who did not accrue sick leave in
proportion to their full-time equivalency, whether their accrual was
not proportionate because of rate of accrual, or accumulation limitations,
or in another fashion.  The class is limited in time to employees who
worked at the college district, a state agency, an education service
district, a school district or an institute of higher education within the
applicable statute of limitations
."

The lawsuit was filed on February 11, 2020.  The statute of limitations is six years.  

Stobaugh & Strong

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(206) 622 - 3536

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