Tiffany Hill, individually and on behalf of all others similarly situated v. Xerox Business Services, LLC;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TIFFANY HILL, individually and on behalf
of all others similarly situated,
Plaintiff-Appellee,
v.
XEROX BUSINESS SERVICES, LLC; et
al.,
Defendants-Appellants.
No. 14-36029
D.C. No. 2:12-cv-00717-JCC
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
John C. Coughenour, District Judge, Presiding
Argued and Submitted February 7, 2017
Resubmitted June 7, 2019
Seattle, Washington
Before: PAEZ and CALLAHAN, Circuit Judges, and ENGLAND,** District
Judge.
This case arises from a dispute between Tiffany Hill (“Hill”) and Xerox
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The Honorable Morrison C. England, Jr., United States District Judge
for the Eastern District of California, sitting by designation.
FILED
JUN 11 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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Business Services, LLC and its predecessor companies (collectively, “Xerox”),
over the method by which Xerox calculated wages owed to Hill and others
similarly situated. After denying Xerox’s motion for partial summary judgment,
the district court certified its ruling for intermediate interlocutory appeal. We have
jurisdiction pursuant to 28 U.S.C. § 1292(b), and we affirm.
Because this appeal raised unsettled issues under Washington’s Minimum
Wage Act, we certified the following question of state law to the Washington
Supreme Court:
Whether an employer’s compensation plan, which includes as a metric
an employee’s “production minutes,” qualifies as a piecework plan
under Wash. Admin. Code § 296-126-021.
Hill v. Xerox Bus. Servs., LLC, 868 F.3d 758, 760 (9th Cir. 2017). The
Washington Supreme Court accepted our certified question and answered it in the
negative. Hill v. Xerox Bus. Servs., LLC, 426 P.3d 703, 708 (Wash. 2018). The
court held: “an employer’s payment plan that includes as a metric an employee’s
‘production minutes’ does not qualify as a piecework plan under WAC 296-126-
021.” Id. at 705. Pursuant to the Washington Supreme Court’s opinion, the
district court’s denial of partial summary judgment is affirmed.
AFFIRMED.

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