(FAILURE TO PAY OVERTIME WAGES DUE   AT TERMINATION – RCW 49.48.010)    (FAILURE TO PAY OVERTIME WAGES – RCW 49.46.130)   (WILLFUL REFUSAL TO PAY WAGES – RCW 49.52.050)   1.  Employment at Les Schwab Tire Centers. ...................................................3   1.  Employment at Les Schwab Tire Centers.   15.  Les Schwab owns and operates more than 400 retail tire stores, all of which  operate under the name “Les Schwab Tire Centers,” throughout the Western United States.  Les  Schwab owned and operated more than 100 locations in Washington State during the relevant  time period.  The primary business of Les Schwab Tire Centers is the retail sale of tires.    2.  Les Schwab’s misclassification of Assistant Managers  and related failure to pay earned overtime wages ........................................4  B.  Plaintiff O’Hearn’s Experiences are the Same as Those of  Other Assistant Managers ........................................................................................7  C.  Defendants’ Failure to Pay Overtime Was Willful ..................................................8  VI.  45.  Plaintiffs bring this action pursuant to Federal Rule of Civil Procedure 23, on  behalf of themselves and all others similarly situated.  Plaintiff seeks to represent a Class defined  as:   All persons who are or were employed as Assistant Managers, or  in similar positions, by Les Schwab Tire Centers in Washington  State and were misclassified as exempt employees and were not  paid statutory overtime during the three years prior to the filing of  the Complaint and thereafter.    Excluded from the Class are Les Schwab, any entity or division in which Les Schwab has a  controlling interest, its legal representatives, officers, directors, assigns, owners, and successors.   46.  Plaintiffs reserve the right to amend the definition of the Class and/or add classes  if discovery and further investigation reveal that the Class should be expanded or otherwise  modified.    47.  This action has been brought and may be properly maintained on behalf of the  Class proposed herein under Federal Rule of Civil Procedure 23.     49.52.050 shall be liable in a civil action for twice the amount of wages withheld and attorneys’  fees and costs.   49.52.070, Plaintiff and the Class are entitled to recovery of twice such damages, including  interest thereon, as well as attorneys’ fees and costs.    53.  Plaintiff repeats and realleges the prior allegations of this Complaint.    61.  Plaintiff repeats and realleges the prior allegations of this Complaint.   62.  RCW 49.48.010 provides that “[w]hen any employee shall cease to work for an  employer, whether by discharge or by voluntary withdrawal, the wages due him or her on  account of his or her employment shall be paid to him or her at the end of the established pay  period.”  The statute further provides that it shall be unlawful “for any employer to withhold or  divert any portion of an employee’s wages.”    63.  By the actions alleged above, Les Schwab violated the provisions of RCW   66.  Plaintiff repeats and realleges the prior allegations of this Complaint.   67.  RCW 49.52.050 provides that any employer who, “[w]illfully and with intent to  deprive the employee of any part of his or her wages, shall pay any employee a lower wage than  the wage such employer is obligated to pay such employee by any statute, ordinance, or  contract” shall be guilty of a misdemeanor.     68.  Les Schwab’s violations of RCW 49.46.130, as discussed above, were willful.  By  its willful violations of RCW 49.46.130, Les Schwab has violated RCW 49.52.050.   69.  RCW 49.52.070 provides that any employer who violates the provisions of RCW   70.  As a result of the willful, unlawful acts of Les Schwab, Plaintiff and the Class  have been deprived of compensation in amounts to be determined at trial and pursuant to RCW   A.  Background   A.  Background ..............................................................................................................3   TERMINATION – RCW 49.48.010) ................................................................................12  COUNT III (WILLFUL REFUSAL TO PAY WAGES – RCW 49.52.050) ................................13  VIII.  VII.  VIOLATIONS ALLEGED ................................................................................................11  COUNT I (FAILURE TO PAY OVERTIME WAGES – RCW 49.46.130).................................11 