Case 2:22-cv-00472 Document 1-1 Filed 04/08/22 Page 1 of 8
`Case 2:22-cv-00472 Document1-1 Filed 04/08/22 Page 1of8
`
`
`
`
`
`
`
`
`
`
`ATTACHMENT A
`ATTACHMENT A
`
`
`
`
`
`

`

`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
`IN AND FOR THE COUNTY OF KING
`
`No. 22-2-03423-8 SEA
`
`COMPLAINT FOR DAMAGES,
`INJUNCTIVE RELIEF, AND
`DECLARATORY RELIEF
`
`SARAH ERHART, an individual,
`
`Plaintiff,
`
`V.
`
`ZIMMER, INC., a Delaware corporation dba
`ZIMMER BIOMET; ZIMMER US, INC., a
`Delaware corporation dba ZIMMER BIOMET;
`BIOMET, INC., an Indiana corporation dba
`ZIMMER BIOMET; and DOES 1-10,
`
`Defendants.
`
`Plaintiff Sarah Erhart ("Plaintiffl'), by and through her attorneys, complains and alleges
`
`against Defendants Zimmer, Inc. dba Zimmer Biomet, Zimmer US, Inc. dba Zimmer Biomet, and
`
`Biomet, Inc. dba Zimmer Biomet (collectively, "Defendants") as follows:
`
`I.
`
`NATURE OF THE CASE
`
`1.1
`
`This is an action against Defendants for their violations of Washington's wage and
`
`23 11
`
`hour laws, including Defendants' failure to pay minimum wage for all hours worked, failure to
`
`pay overtime, and failure to furnish accurate wage statements.
`
`24
`
`25
`
`26
`
`COMPLAINT FOR DAMAGES, INNNCTIVE
`RELIEF, AND DECLARATORY RELIEF - 1
`
`EMERY I REDDY, PLLC
`600 Stewart Street, Suite 1100
`Seattle, WA 98101
`Phone: (206) 442-9106 • Fax: (206) 441-9711
`
`

`

`~
`
`1
`
`2
`
`3
`
`2.1
`
`2.2
`
`II.
`
`JURISDICTION AND VENUE
`
`This Court has jurisdiction over this cause of action under RCW 2.08.010.
`
`Venue is proper in this Court pursuant to RCW 4.12.020 and/or RCW 4.12.025
`
`4 because the acts and omissions alleged took place in whole or in part in King County, Washington
`
`5
`
`6
`
`7
`
`8
`
`and Defendants transact business in King County, Washington.
`
`III. PARTIES
`
`3.1
`
`Plaintiff Sarah Erhart is a resident of Clark County, Washington and worked for
`
`the Defendants in King County, Washington, as well as in Oregon, Idaho, Hawaii, Northern
`
`9 California, and Indiana. Plaintiff is, and at all times relevant to this matter was, an employee of
`
`10 Defendants as such term is defined in the statutes listed herein.
`
`11
`
`3.2
`
`Defendant Zimmer, Inc. ("Zimmer") is a Delaware corporation doing business as
`
`12 Zimmer Biomet. Zimmer regularly conducts business in King County, Washington. Zimmer is,
`
`13 and at all times relevant to this matter was, an employer as such term is defined in the statutes
`
`14 I listed herein.
`
`15
`
`3.3
`
`Defendant Zimmer US, Inc. ("Zimmer US") is a Delaware corporation doing
`
`16 business as Zimmer Biomet. Zimmer US regularly conducts business in King County,
`
`17 Washington. Zimmer US is, and at all times relevant to this matter was, an employer as such term
`
`18 I is defined in the statutes listed herein.
`
`19'
`
`3.4
`
`Defendant Biomet, Inc. ("Biomet") is an Indiana corporation doing business as
`
`20 Zimmer Biomet. Biomet regularly conducts business in King County, Washington. Biomet is,
`
`21 and at all times relevant to this matter was, an employer as such term is defined in the statutes
`
`22 I listed herein.
`
`23
`
`3.5
`
`Defendants Does 1-10 are as yet unknown individuals or business entities who or
`
`24 I which may hold an ownership interest in Zimmer, Inc., Zimmer US, Inc., and/or Biomet, Inc.
`
`25 I ///
`
`26
`
`COMPLAINT FOR DAMAGES, INJUNCTIVE
`RELIEF, AND DECLARATORY RELIEF - 2
`
`EMERY I REDDY, PLLC
`600 Stewart Street, Suite 1100
`Seattle, WA 98101
`Phone: (206) 442-9106 • Fax: (206) 441-9711
`
`

`

`1
`
`2
`
`3
`
`4'
`
`IV.
`
`STATEMENT OF FACTS
`
`4.1
`
`Plaintiff incorporates by reference and re-alleges paragraphs 1.1 — 3.5 as if fully
`
`I set forth herein.
`Defendants design, manufacture, market, and service medical devices, including
`
`4.2
`
`5
`
`6
`
`I robotic surgical systems.
`On approximately December 2, 2019, Defendants hired Plaintiff as a Technical
`4.3
`7 Services Specialist. In approximately December 2020, Defendants promoted Plaintiff to Field
`8 Service Senior Engineer I. In approximately October 2021, Defendants promoted Plaintiff to
`
`10
`
`12
`
`9 Field Service Senior Engineer 11.
`Plaintiff travels to various hospitals in Washington, Oregon, Idaho, Hawaii,
`4.4
`11 Northern California, and Indiana to install and service robotic surgical systems ("robots"),
`including performing preventative and corrective maintenance. Plaintiff wears a toolbelt and
`carries approximately 75 lbs of tools and equipment to the job sites.
`At all times relevant to this matter, Defendants misclassified Plaintiff as exempt
`
`13
`
`14
`
`4.5
`
`15, and refused to pay her overtime.
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`4.6
`
`4.7
`
`4.8
`
`Defendants require Plaintiff to track her time and turn in time sheets.
`
`Plaintiff typically works 40-70 hours per week.
`
`Defendants do not pay Plaintiff for hours worked in excess of 40 in a workweek,
`
`including overtime premiums.
`
`4.9
`
`Defendants do not provide Plaintiff with accurate wage statements. Specifically,
`
`the wage statements do not accurately reflect all hours worked, overtime earned, or gross wages
`
`earned.
`
`4.10 As a result of Defendants' actions and omissions, Plaintiff has been damaged in
`
`an amount to be proven at trial.
`
`4.11 The conduct of Defendants as described herein violates the public policy and laws
`
`26 of the State of Washington. Defendants will continue to engage in these alleged violations unless
`
`COMPLAINT FOR DAMAGES, INJUNCTIVE
`RELIEF, AND DECLARATORY RELIEF - 3
`
`EMERY I REDDY, PLLC
`600 Stewart Street, Suite 1100
`Seattle, WA 98101
`Phone: (206) 442-9106 • Fax: (206) 441-9711
`
`

`

`1
`
`2
`
`3
`
`or until they are enjoined by this Court. A remedy of damages for past violations of public policy '
`and laws is not adequate, and Defendants should be compelled by this Court to comply with said
`public policies and laws, specifically, but without limitation, by paying Plaintiff for all hours
`
`4 worked and issuing accurate wage statements.
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`V.
`
`CAUSES OF ACTION
`
`5.1
`
`Plaintiff incorporates by reference and re-alleges paragraphs 1.1 — 4.11 as if fully
`
`I set forth herein.
`
`FIRST CAUSE OF ACTION
`FAILURE TO PAY MINIMUM WAGE AND OVERTIME WAGES
`VIOLATION OF RCW 49.46.020 AND RCW 49.46.130
`Defendants failed to pay Plaintiff for the hours she worked in excess of 40 in a
`
`5.2
`
`11
`
`I workweek.
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`5.3
`
`Defendants' failure to pay Plaintiff at least minimum wage for all hours worked in
`
`I excess of 40 in a workweek constitutes a violation of RCW 49.46.020.
`
`5.4
`
`Defendants' failure to pay Plaintiff one and one-half times her regular rate of pay
`
`for all hours worked in excess of 40 in a workweek constitutes a violation of RCW 49.46.130.
`
`5.5
`
`As a result of Defendants' unlawful actions and omissions, Plaintiff has been
`
`damaged in an amount to be established at trial and is entitled to the recovery of such damages,
`
`including interest thereon, as well as attorney's fees and costs pursuant to RCW 49.46.090, RCW
`
`49.48.030, and RCW 49.52.070.
`
`SECOND CAUSE OF ACTION
`WAGE THEFT
`VIOLATION OF RCW 49.52.050
`5.6 Washington's Wage Rebate Act, RCW 49.52, prohibits employers from paying
`
`employees less than the wages to which they are entitled by any statute, ordinance, or contract.
`
`24 RCW 49.52.050(2).
`
`25
`
`5.7 As described more fully above, Defendants failed to pay Plaintiff for the hours she
`
`26 worked over 40 in a workweek, and also failed to pay overtime premiums for the overtime hours.
`
`COMPLAINT FOR DAMAGES, INJUNCTIVE
`RELIEF, AND DECLARATORY RELIEF - 4
`
`EMERY I REDDY, PLLC
`600 Stewart Street, Suite 1100
`Seattle, WA 98101
`Phone: (206) 442-9106 • Fax: (206) 441-9711
`
`

`

`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`5.8 Defendants' failure to pay Plaintiff the wages to which she is entitled was willful.
`
`5.9
`
`Defendants' conduct constitutes wage theft in violation of RCW 49.52.050.
`
`5.10 As a result of Defendants' unlawful actions and omissions, Plaintiff has been
`
`damaged in an amount to be established at trial and is entitled to recovery of twice such damages,
`
`including interest thereon and attorney's fees and costs pursuant to RCW 49.12.150, RCW
`
`49.48.030, and RCW 49.52.070.
`
`THIRD CAUSE OF ACTION
`FAILURE TO FURNISH ACCURATE WAGE STATEMENTS
`VIOLATION OF WAC 296-126-040
`5.11 Employers are required to furnish to each employee at the time of payment of
`
`10 wages an itemized statement showing the pay basis (i.e., hours or days worked), rate or rates of
`
`11 pay, gross wages and all deductions for that pay period. WAC 296-126-040.
`
`12
`
`5.12 The wage statements issued by Defendants do not accurately reflect all hours
`
`13 worked, overtime earned, or gross wages earned.
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`5.13 Defendants' failure to furnish accurate wage statements to Plaintiff constitutes a
`
`violation of WAC 296-126-040.
`
`5.14 As a result of Defendants' unlawful actions and omissions, Plaintiff has been
`
`damaged in an amount to be proven at trial.
`
`FOURTH CAUSE OF ACTION
`INJUNCTIVE RELIEF
`
`5.15 As described more fully above, Plaintiff is entitled to an injunction prohibiting
`
`21 Defendants from further violations of state wage laws.
`
`FIFTH CAUSE OF ACTION
`DECLARATORY RELIEF
`
`5.16 As described more fully above, Plaintiff is entitled to a declaration of her right to
`
`receive overtime pay and accurate wage statements.
`
`22
`
`23
`
`24
`
`25
`
`26
`
`COMPLAINT FOR DAMAGES, INJUNCTIVE
`RELIEF, AND DECLARATORY RELIEF - 5
`
`EMERY I REDDY, PLLC
`600 Stewart Street, Suite 1100
`Seattle, WA 98101
`Phone: (206) 442-9106 • Fax: (206) 441-9711
`
`

`

`1I
`
`VI. DAMAGES
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`6.1
`
`Plaintiff incorporates by reference and re-alleges paragraphs 1.1 — 5.16 as if fully
`
`set forth herein.
`
`6.2
`
`Defendants' unlawful conduct with regard to their employment of Plaintiff has
`
`caused the following damages:
`
`6.3
`
`6.4
`
`6.5
`
`Lost back pay, wages, and benefits in amounts to be established at trial;
`
`Statutory and punitive damages; and
`
`Out of pocket expenses, litigation costs, and attorney's fees in amounts to be
`
`established at trial.
`
`VII. REQUEST FOR RELIEF
`
`Plaintiff requests that the Court enter judgment against the Defendants as follows:
`
`1. Compensatory damages for lost wages in an amount to be proven at trial;
`
`2. Double damages pursuant to RCW 49.52.070;
`
`3. Preliminary and permanent injunctive relief prohibiting, restraining, and enjoining
`
`15 .
`
`Defendants from engaging in the conduct complained of herein;
`
`16
`
`17
`
`18
`
`4. Declaratory relief to the effect that Defendants have violated the statutory rights of
`
`Plaintiff;
`
`5. Attorney's fees and costs pursuant to RCW 49.46.090, RCW 49.48.030, and/or RCW
`
`19
`
`49.52.070;
`
`6. Pre- and post judgment interest;
`
`7. Leave to amend the Complaint to conform to the evidence presented at or prior to trial;
`
`8. Any additional or further relief which the Court deems equitable, appropriate, or just.
`
`and
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`COMPLAINT FOR DAMAGES, INJUNCTIVE
`RELIEF, AND DECLARATORY RELIEF - 6
`
`EMERY I REDDY, PLLC
`600 Stewart Street, Suite 1100
`Seattle, WA 98101
`Phone:(206)442-9106•Fax:(206)441-9711
`
`

`

`DATED March 9, 2022.
`
`By:
`
`EMERY REDDY, PLLC
`
`~
`TI O HY .EMERY
`SBA No. 34078
`PATRICK B. REDDY
`WSBA No. 34092
`600 Stewart Street, Suite 1100
`Seattle, WA 98101
`Telephone: (206) 442-9106
`Fax: (206) 441-9711
`Email: emeryt@emeryreddy.com
`Email: reddyp@emeryreddy.com
`A ttorneysfor Plaintiff Sarah Erhart
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`COMPLAINT FOR DAMAGES, INJUNCTIVE
`RELIEF, AND DECLARATORY RELIEF - 7
`
`EMERY I REDDY, PLLC
`600 Stewart Street, Suite 1100
`Seattle, WA 98101
`Phone:(206)442-9106•Fax:(206)441-9711
`
`