Frequently Asked Questions

1. What is the Notice and why should I read it?

The Court authorized the Notice to inform you that you may be a member of a Class of current and former Costco employees who worked for Costco between January 1, 2020, and September 23, 2026, and made less than the statutory threshold set forth in RCW 49.62.070. If you meet these criteria, you have legal rights and options you may act on before the Court rules on the merits of this Lawsuit. The Notice explains the Lawsuit and your legal rights.

Judge Andrea K. Robertson of King County Superior Court is overseeing this Lawsuit. Saemira Gray, Michele Hitchye, and Syvanah Hance are the Plaintiffs or Class Representatives. The company they sued, Costco Wholesale Corporation, is the Defendant.

2. What is this Lawsuit about?

Plaintiffs claim that Costco violated Washington law, RCW 49.62.070, by restricting, restraining, or prohibiting employees earning less than twice the applicable state minimum hourly wage from having an additional job, supplementing their income by working for another employer, working as an independent contractor, or being self-employed. Costco denies that it has imposed an unlawful noncompetition covenant and maintains that it has not violated Washington law.

3. How do I know if I am in the Class?

Costco’s records show you are a Class member because you are a current or former employee who earned less than the applicable statutory threshold between January 1, 2020, and September 23, 2026. If you meet these criteria, you are a member of the Class. If you are not sure whether you are included, you can contact the Class Administrator, Simpluris, Inc., toll-free by calling (888) 369-6073.

4. Do I have an attorney in this case?

Yes, the Court appointed Timothy Emery, Patrick B. Reddy, Paul Cipriani, and Hannah M. Hamley of Emery Reddy, PC as Class Counsel to represent the Class. Their contact information is:

Emery Reddy, PC
600 Stewart Street, Suite 1100
Seattle, WA 98101
www.emeryreddy.com

Should I get my own attorney? You don’t need to hire your own attorney because Class Counsel are working on your behalf. These attorneys and their firm are experienced in handling similar cases. You will not be charged for these attorneys. You can ask your own attorney to appear in Court for you, at your own expense, if you want someone other than Class Counsel to represent you.

5. What happens if I do nothing?

If you do nothing, you will still be in the Class and be bound by all orders and judgments of the Court. Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Costco for the claims or legal issues resolved in the Lawsuit. Remaining in the class action does not guarantee that you will receive any money or benefits from the class action because the merits of the Lawsuit have not yet been determined, and entitlement to a monetary recovery or benefits has not yet been established at this point in time.

6. What happens if I request to be excluded?

You must request to be excluded by November 23, 2026. If you submit a timely, valid request for exclusion from the Class, you will not be in the Class. You will not release claims against Costco, and you will not be legally bound by the Court’s judgments in this Lawsuit. Similarly, you will not receive any benefit if Plaintiff is successful.

7. How do I request to be excluded?

If you do not want to remain a member of the Class in this Lawsuit, you must send an “Exclusion Request” in the form of a letter sent by mail, stating that you want to be excluded from Gray, et al. v. Costco Wholesale Corporation, No. 25-2-17717-3 SEA. Be sure to include your name, address, and phone number, and sign the letter. You must submit your Exclusion Request by mail before November 23, 2026, to:

Gray v. Costco Wholesale Corporation
c/o Class Administrator
P.O. Box 26170
Santa Ana, CA 92799

If you do not request to be excluded before the deadline, you will automatically be included in this Lawsuit.

8. If I don’t exclude myself, can I sue Costco for the same thing later?

No. Unless you exclude yourself, you give up any right to sue Costco for the claims being resolved by this Lawsuit even if you do nothing.

9. If I exclude myself, can I get anything from the Lawsuit?

No. If you exclude yourself, you will not receive any monetary benefit from the Lawsuit.

10. What is the class definition ordered by the Court?

On December 12, 2025, the Court issued an Order certifying the following class (“Class”):

• All current and former employees of Costco Wholesale Corporation who worked in Washington and earned less than twice the applicable state minimum hourly wage from January 1, 2020, through September 23, 2026.

11. When and where will the Court hold a hearing on the merits of the Lawsuit?

Trial is currently scheduled for March 1, 2027 at 9:00 a.m. in King County Superior Court, King County Courthouse, 516 Third Avenue, Room W-739, Seattle, WA 98104. The purpose of trial is for the finder of fact to determine the merits of Plaintiffs’ claims.

Note: The date and time of Trial are subject to change by court order. Any changes will be available through the Court’s publicly available docket. You should check this docket to confirm the date and time have not been changed.

12. Do I have to come to the trial?

No. Class Counsel will represent your interest, but you are welcome to attend the trial at your own expense. You may also hire an attorney to attend on your behalf at your own expense, but you don’t have to.

13. May I speak at the trial?

Yes. If you do not exclude yourself from the Class, you may ask the Court for permission to speak at trial concerning any part of your claims against Costco.

14. Where can I get additional Information?

Any questions you have concerning the Notice or this website may be directed to the Class Administrator at (888) 369-6073.

Please do not call the Court, the Clerk of the Court, the Judge, or Defendant with questions about the action or notice process.