Plaintiffs Saemira Gray, Michele Hitchye, and Syvanah Hance filed a lawsuit against Costco on behalf of themselves and a class of all similarly situated current and former employees in the State of Washington, alleging that Costco violated the moonlighting provision of the Washington Noncompetition Covenants Act, RCW 49.62.070. The lawsuit, Gray, et al. v. Costco Wholesale Corporation, is currently pending in King County Superior Court as Case Number 25-2-17717-3 SEA (the “Lawsuit”).
Plaintiffs seek $5,000.00 in statutory damages for each Class member. Costco denies Plaintiffs’ claims and maintains that it has not violated Washington law. Costco believes that it has complied with applicable Washington law in all respects. The Court has not made a decision regarding the ultimate merits of either party’s position.
On December 12, 2025, the Court granted class certification determining the Lawsuit should proceed on a class basis. The Court has not ruled on who will prevail. The Notice is not an expression of any opinion of the Court as to the merits of any claims or defenses asserted by either party. There is no money available at this time and no guarantee that there ever will be.
You received notice because you worked for Costco in Washington between January 1, 2020, and September 23, 2026, and earned less than twice the applicable state minimum hourly wage. If you meet these criteria, you are a Class member and your legal rights may be affected.
Your Legal Rights and Options in this Lawsuit | |
Do Nothing | Stay in this Lawsuit. Await the outcome. Give up certain rights. By doing nothing, you keep the possibility of getting money that may come from a trial or a settlement. However, you will not be able to sue Costco separately about the same claims in this Lawsuit, and you will be bound by the judgment, whether favorable or not. |
Ask to Be Excluded from the Lawsuit by November 23, 2026 | Get out of this Lawsuit. Get no benefits from it. Keep rights. If you ask to be excluded from the Lawsuit and money is later awarded to the class members, you won’t share in that money. However, you keep any rights to sue Costco for the same claims in this Lawsuit. |
Plaintiffs, the Class members who do not opt out, and Class Counsel must prove the claims against Costco at trial. Trial is currently scheduled for March 1, 2027, but that date may change. If money is obtained as a result of this Lawsuit, you may receive additional notice as determined by the Court.