As filed with the Securities and Exchange Commission on May 24, 2005
Registration No. 333-76420
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form S-8
POST
EFFECTIVE AMENDMENT NO. 1 TO
REGISTRATION STATEMENT ON FORM S-8
UNDER
THE SECURITIES ACT OF 1933
LABOR READY, INC.
(Exact name of registrant as specified in its charter)
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Washington |
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91-1287341 |
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(State or other jurisdiction
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(I.R.S. Employer Identification Number) |
1015 A Street
Tacoma, Washington 98402
(Address of principal executive offices, including zip code)
LABOR READY, INC. 2000 STOCK OPTION PLAN
JOANNA MONROE
Labor Ready, Inc.
1015 A Street
Tacoma, WA 98402
(253) 383-9101
(Name, address and telephone number, including area code, of agent for service)
Copy to:
RICHARD B. DODD
ANNETTE ELINGER BECKER
Preston Gates & Ellis LLP
925 Fourth Avenue, Suite 2900
Seattle, Washington 98104-1158
(206) 623-7580
Labor Ready, Inc. (the “Registrant”) is filing this Post-Effective Amendment No. 1 to Form S-8 Registration Statement to deregister certain securities originally registered by the Registrant pursuant to its Registration Statement on Form S-8 filed with the Securities and Exchange Commission (the “Commission”) on August 30, 2002, File No. 333-99049 (the “2002 Form S-8”), with respect to shares of the Registrant’s common stock, no par value per share (the “Common Stock”), thereby registered for offer or sale pursuant to the Labor Ready, Inc. 2000 Stock Option Plan (the “2000 Plan”). A total of 1,000,000 shares of Common Stock were registered for issuance under the 2002 Form S-8. An additional 3,750,000 shares of Common Stock were initially registered in connection with the 2000 Plan pursuant to the Registrant’s Registration Statement on Form S-8 filed with the Commission on January 8, 2002, File No. 33-76420, the contents of which were incorporated by reference in the 2002 Form S-8.
On May 18, 2005, the shareholders of the Registrant approved the Labor Ready, Inc. 2005 Long-Term Equity Incentive Plan (the “2005 Plan”), which replaces the 2000 Plan. No future awards will be made under the 2000 Plan. According to the terms of the 2005 Plan, the shares of Common Stock that were available for grant under the 2000 Plan, but not actually subject to outstanding awards, as of April 30, 2005 are available for issuance under the 2005 Plan. The total number of shares of Common Stock available for grant under the 2000 Plan, but not actually subject to outstanding awards, on April 30, 2005 was 593,470 (the “Carryover Shares”). Those 593,470 shares are hereby deregistered. The 2000 Form S-8 otherwise continues in effect as to the balance of the shares of Common Stock remaining available for offer or sale pursuant thereto.
Contemporaneously with the filing of this Post-Effective Amendment No. 1 to Form S-8 Registration Statement, the Registrant is filing a Registration Statement on Form S-8 to register the shares of Common Stock now available for offer or sale pursuant to the 2005 Plan, including but not limited to the Carryover Shares.
In accordance with Rule 457(p) of the Securities Act of 1933, as amended, and Instruction E to the General Instructions to Form S-8, this Post-Effective Amendment No. 1 to Form S-8 Registration Statement is hereby filed (i) to reallocate the Carryover Shares from the 2000 Plan to the 2005 Plan, and (ii) to carry over the registration fees paid for the Carryover Shares that were previously registered from the 2002 Form S-8 to the Registration Statement on Form S-8 for the 2005 Plan that is filed contemporaneously with the filing of this Post-Effective Amendment No. 1 to Form S-8 Registration Statement.
There may be shares of Common Stock registered in connection with the 2000 Plan that are represented by awards under the 2000 Plan that, after April 30, 2005, are forfeited, expire, are cancelled without delivery of shares, or otherwise result in the return of shares to the Registrant. The Registrant intends to periodically file additional post-effective amendments to the 2002 Form S-8, and additional Registration Statements on Form S-8, carrying forward such shares for issuance in connection with the 2005 Plan.
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Pursuant to the requirements of the Securities Act of 1933, the Registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-8 and has duly caused this Post-Effective Amendment on Form S-8 Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Tacoma, State of Washington, on this 24th day of May, 2005.
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LABOR READY, INC. |
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/s/ Joseph P. Sambataro, Jr. |
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By: |
Joseph P. Sambataro, Jr. |
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Chief Executive Officer and President |
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Pursuant to the requirements of the Securities Act of 1933, this Post-Effective Amendment on Form S-8 Registration Statement has been signed by the following persons in the capacities indicated below on this 24th day of May, 2005.
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/s/ Robert Sullivan |
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Director, Chairman |
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Robert Sullivan |
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/s/ Joseph P. Sambataro, Jr. |
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Director, Chief Executive Officer and President |
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Joseph P. Sambataro, Jr. |
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(Principal Executive Officer) |
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/s/ Steven C. Cooper |
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Chief Financial Officer and Executive Vice President |
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Steven C. Cooper |
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(Principal Financial Officer) |
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/s/ Derrek L. Gafford |
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Vice President of Accounting and Finance |
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Derrek L. Gafford |
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(Principal Accounting Officer) |
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/s/ Keith Grinstein |
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Director |
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Keith Grinstein |
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/s/ Gates McKibbin |
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Director |
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Gates McKibbin |
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/s/ Thomas E. McChesney |
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Director |
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Thomas E. McChesney |
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/s/ Carl W. Shafer |
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Director |
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Carl W. Shafer |
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/w/ William W. Steele |
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Director |
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William W. Steele |
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