Wash. Court of Appeals published opinion — D2 60254-7-II Published Opinion.pdf

without a difference. The plain language of section 8.3 simply establishes that AMC shall file any

applicable tax returns or reporting related “to labor employed in connection with the Project.” CP

at 362.

Further, the PMA is not the only document that controls the relationship with the onsite

employees. Separate of the PMA, the record also shows that AMC offers comprehensive property

management services, which includes “budgeting, leasing, marketing, and managing the different

operational aspects” of a property. CP at 16. Within those services, AMC recruits, hires, and

staffs the properties it manages. These facts comport with language found in both the PMA and

the AMC Employee Handbook. Indeed, AMC describes itself as providing “full-service that

includes but is not limited to hiring, supervising, discharging, and compensating workers on the

[Owners’] property.” CP at 3.

AMC’s marketing brochure states: “AMC is committed to hiring and retaining the right

team.” CP at 216. AMC writes onsite employee job descriptions. AMC issues job offers to onsite

employees on AMC letterhead. The job offers list positions “for” or “at” AMC at a particular

property. CP at 474, 478.

Also, successful job applicants receive a copy of the AMC Employee Handbook, which

lists in extensive detail AMC’s workplace policies, employee benefits, and wage information. The

AMC Handbook is provided to all AMC employees. AMC’s employee handbook clearly

demonstrates that AMC considers itself as the employer of onsite employees. The handbook

states: “We hope that you will take pride in your employment with us and enjoy being a member

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 60254-7-II