Strain v. West Travel, Inc.

117 Wash. App. 251
Court of Appeals of Washington·Decided June 9, 2003·No. No. 50642-1-I·Published·Cited by 27 cases

Opinion

Ellington, J.

Robert Strain worked for Cruise West on a ship sailing the Columbia River. He filed a proposed class action suit alleging Cruise West violated the wage and overtime provisions of the Washington Minimum Wage Act, chapter 49.46 RCW (MWA or Act). But Strain was not covered by the Act because he was required to sleep at his place of employment, and in any event, maritime law preempts his claims. The trial court so ruled, and we affirm in all respects.

[253]*253FACTS

Cruise West operates cruise ships on itineraries throughout the Northwest, California, Mexico, Canada and to other international destinations. It is incorporated in Washington, and has its headquarters here. The company employs customer service representatives to attend to passenger needs, assist with meal service, and ensure vessel preparation, and requires them to sleep on board during cruises. Cruise West recruits these employees nationwide, trains them in Seattle, and then assigns them to varying cruise itineraries. At the time of Strain’s suit, customer service representatives were paid $50 a day plus a guaranteed minimum tip of $35 a day, with no overtime.

Strain was a Washington resident when Cruise West hired him as a customer service representative in September 2001. He was assigned to the Spirit of Alaska on Cruise West’s Columbia-Snake River tour, which began and ended in Portland and included stops in Washington and Oregon. Two weeks into his employment, Strain refused to clean his assigned staterooms, and was fired. Shortly thereafter, he filed this class action seeking wages and overtime under the MWA.

The trial court granted summary judgment for Cruise West and dismissed Strain’s complaint, ruling that employees who are required to sleep at their places of employment are not covered by the MWA and that, in any case, federal maritime law preempts application of the Washington MWA wage and overtime provisions under these circumstances.

DISCUSSION

Minimum Wage Act Exemption

The MWA establishes minimum hourly wages for all employees.1 The Act provides, however, that certain workers are not “employees” covered by the Act:

[254]*254(5) “Employee” includes any individual employed by an employer but shall not include:
(j) Any individual whose duties require that he or she reside or sleep at the place of his or her employment or who otherwise spends a substantial portion of his or her work time subject to call, and not engaged in the performance of active duties.[2]

The question here is whether this provision exempts Strain from the protections of the Act. Exemptions from remedial legislation such as the MWA are narrowly construed, and are applied only to situations that are plainly and unmistakably consistent with the terms and spirit of the legislation. 3 Under the plain meaning rule, courts derive the meaning of a statute from the “wording of the statute itself.”4 A statute is ambiguous when, either on its face or as applied to particular facts, it is fairly susceptible to different, reasonable interpretations.5 Statutes must be construed to avoid strained or absurd results.6

Strain contends that the “sleeping exemption” is ambiguous because the antecedent of the “not engaged in the performance of active duties” clause is unclear. Under the last antecedent rule, “the presence of a comma before the qualifying phrase is evidence the qualifier is intended to apply to all antecedents instead of only the immediately preceding one.”7 Under this rule, the qualifying phrase “not engaged in the performance of active duties” should apply to both the “reside or sleep” and the “otherwise subject to call” antecedents. Strain thus argues the sleeping exemption applies only where an employee is both (1) sleeping at [255]*255his/her place of employment and spending a substantial portion of time subject to call, and (2) not engaged in the performance of active duties. Strain contends that employees required to sleep at their places of employment are covered by the Act except when sleeping or “otherwise engaged in personal matters outside the scope of. . . employment.”8 Strain contends that his interpretation is at the very least a reasonable reading of the statute, and that the sleeping exemption therefore cannot be said plainly and unmistakably to apply to him.

We disagree, for several reasons. First, Strain’s reading of the statute produces a category of excluded employees who are required to sleep at the workplace, and are not engaged in the performance of active duties. Such a category of workers could be sensibly identified only if the contrary were possible — that is, if a worker could be sleeping at the workplace while performing active duties. This is not a reasonable interpretation, and leads to absurd results.

Second, Strain’s interpretation results in a category of workers who are sometimes covered and sometimes exempt. But MWA exclusions serve to identify broad categories of excluded workers based on the type of employment. In none of these categories does coverage vary from hour to hour depending upon the type of activity in which an employee is momentarily engaged.9 This is sensible, given the structure of the statute, and is probably unavoidable, given the accounting and other potential problems that would attend a variable status.

Strain contends, however, that the sleeping exemption is different from the other exclusions and does result in a category of employees who are sometimes covered and sometimes exempt. For this premise Strain relies entirely upon Chelan County Deputy Sheriffs' Ass’n v. County of [256]*256Chelan.10 But the Chelan decision does not support Strain’s argument. The court did not address the sleeping exemption, and certainly did not recognize a category of workers who were covered by the Act one hour and not the next. The issue in Chelan was whether a group of deputy sheriffs should have been granted summary judgment on the question of their entitlement to compensation under the MWA for time spent on call. The county argued the deputies were exempt under RCW 49.46.010(5)(j) because they spent a substantial portion of work time subject to call, but not engaged in the performance of active duties. The court held that whether on-call time is spent in the performance of active duties, and therefore covered, is to be determined by examining multiple factors, which in that case involved questions of fact for the jury.* 11 Nothing in the opinion suggests that coverage for an individual employee would turn out to be a sometime thing.

Strain particularly relies upon the Chelan court’s discussion of sleeping time.

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Strain v. West Travel, Inc., 117 Wash. App. 251 (Wash. Ct. App. 2003).

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