Justices hear arguments over whether L&I may sue employers without prior administrative order

An oral argument at the Supreme Court on November 14 considered whether the Washington Department of Labor and Industries (L&I) may bring a superior-court collection action for unpaid wages without first issuing a formal administrative order or satisfying notice provisions the respondents say are statutory prerequisites.

Anastasia Sandstrom, assistant attorney general representing L&I, told the court the department is authorized under RCW 49.48.040 to "order the payment of all wages owed" or to "institute actions necessary for the collection of sums determined owed," and argued the conjunctive "and" can be read distributively so L&I may pursue either path immediately. "Those workers work those hours, they work that overtime, that amount is owed," Sandstrom said, urging the Court to interpret the remedial statute in a manner that benefits vulnerable workers who face retaliation and may not file individual claims.

The respondent, through attorney Sam Filo of Evans, Craven & Lackey, told the…