27.  Plaintiff’s First Cause of Action seeks unpaid wages based on Defendant’s  alleged failure to pay wages for rest breaks, alleging that Plaintiff and the putative class were  not paid “separate and apart from the piece rate for rest breaks...” and “Defendant did not and  does compensate its truck drivers for rest periods.”  See Exh. A (Complaint), ¶¶ 14, 15, 34.    Accordingly, Plaintiff’s Complaint seeks recovery of unpaid wages for each day that Plaintiff  and the putative class members experienced unpaid rest breaks.     31.  Plaintiff’s Second Cause of Action alleges that Defendant failed to pay him  and putative class members overtime wages: (1) for each unpaid rest break (“Rest Break  Overtime”); and (2) for all hours worked in excess of 40 per week in violation of RCW   38.  Plaintiff’s Fourth Cause of Action alleges that Defendant “failed to meet its  obligation to pay all wages due to Plaintiff and Class Members at the established regular pay  periods.”  See Exh. A (Complaint), ¶ 55.  In connection with this claim, Plaintiff seeks  “[d]ouble damages in an additional amount equal to the amount [of] wages unlawfully  withheld during the Class Period.”  Id. at ¶ 56, Prayer for Relief, ¶ E(ii).  As set forth in the  calculations pertaining to Plaintiff’s First and Second Causes of Action, above, the amount in  controversy for alleged unpaid regular and overtime wages in connection with Plaintiff’s  claims in this action is at least $2,110,299.31 ($848,551.37 + $1,261,747.94).  Thus, the  amount in controversy on Plaintiff’s Fourth Cause of Action is at least $2,110,299.31.  49.46.130 (“Regular Overtime”).  To be clear, Defendant denies and disputes that any  “overtime” wages are due, owing or unpaid to Plaintiff and/or the putative class members  under state law, including without limitation as a result of federal preemption.   SEATTLE, WASHINGTON  98104-1064  TEL (206) 382-1000 | FAX (206) 386-7343   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  27  28 