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WALTERS v. A.A.A. WATERPROOFING, INC.

No. 62638-8-I.

211 P.3d 454 (2009)

Derek WALTERS, Appellant, v. A.A.A. WATERPROOFING, INC., Respondent.

Court of Appeals of Washington, Division 1.

July 20, 2009.

Attorney(s) appearing for the Case

Roblin J. Williamson, Williamson & Williams, Bainbridge Island, WA, for Appellant.

Jeffrey P. Fairchild, Adelstein, Sharpe & Serka LLP, Bellingham, WA, for Respondent.

BECKER, J.

¶ 1 In this suit for overtime pay, the arbitration agreement in the employment contract conflicts with wage and hour statutes in that it entitles the employer to an award of attorney fees if the employer prevails. Also, the agreement provides that arbitration will occur in Denver, making the cost of arbitration prohibitive for this middle class plaintiff. These two provisions are unconscionable, but severable. We accordingly conclude appellant must...

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