title: RCW 49.04.130

text:
Every employer and employee organization as well as the apprenticeship council and local and state apprenticeship committees and vocational schools shall make every effort to enlist woman and racial minority representation in the apprenticeship programs of the state and shall be aided therein by the department of labor and industries insofar as such department may be able to so do without undue interference with its other powers and duties. In addition, the legislature, in fulfillment of the public welfare, mandates those involved in apprenticeship training with the responsibility of making every effort to see that woman and racial minority representatives in such programs pursue the same to a successful conclusion.
[ 1990 c 72 s 4; 1969 ex.s. c 183 s 5.]

catchline: Woman and racial minority representation—Employer and employee organizations, apprenticeship council and committees, etc., to enlist woman and racial minority representation in apprenticeship programs.


doc_type: statute

jurisdiction: wa

title: RCW 49.04.141

text:
The apprenticeship council shall work with the department of transportation, local transportation jurisdictions, local and statewide joint apprenticeships, other apprenticeship programs, representatives of labor and business organizations with interest and expertise in the transportation workforce, and representatives of the state's universities and community and vocational colleges to establish technical apprenticeship opportunities specific to the needs of transportation. The council shall issue a report of findings and recommendations to the transportation committees of the legislature by December 1, 2003. The report must include, but not be limited to, findings and recommendations regarding the establishment of transportation technical training programs within the community and vocational college system and in the state universities.
[ 2003 c 363 s 202.]
Notes:
Findings—Intent—2003 c 363 ss 201 through 206: "(1) The legislature finds that a skilled technical workforce is necessary for maintaining, preserving, and improving Washington's transportation system. The Blue Ribbon Commission on Transportation found that state and local transportation agencies are showing signs of a workforce that is insufficiently skilled to operate the transportation system at its highest level. Sections 201 through 206 of this act are intended to explore methods for fostering a stronger industry in transportation planning and engineering.
(2) It is the intent of the legislature that the state prevailing wage process operate efficiently, that the process allow contractors and workers to be paid promptly, and that new technologies and innovative outreach methods be used to enhance wage surveys in order to better reflect current wages in counties across the state.
(3) The legislature finds that in order to enhance the prevailing wage process it is appropriate for all intent and affidavit fees paid by contractors be dedicated to the sole purpose of administering the state prevailing wage program.
(4) To accomplish the intent of this section and in order to enhance the response of businesses and labor representatives to the prevailing wage survey process, the department of labor and industries shall undertake the following activities:
(a) Establish a goal of conducting surveys for each trade every three years;
(b) Actively promote increased response rates from all survey recipients in every county both urban and rural. The department shall provide public education and technical assistance to businesses, labor representatives, and public agencies in order to promote a better understanding of prevailing wage laws and increased participation in the prevailing wage survey process;
(c) Actively work with businesses, labor representatives, public agencies, and others to ensure the integrity of information used in the development of prevailing wage rates, and ensure uniform compliance with requirements of sections 201 through 206 of this act;
(d) Maintain a timely processing of intents and affidavits, with a target processing time no greater than seven working days from receipt of completed forms;
(e) Develop and implement electronic processing of intents and affidavits and promote the efficient and effective use of technology to improve the services provided by the prevailing wage program." [ 2003 c 363 s 201.]
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Transportation opportunities—Report.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 49.04.150

text:
(1) An apprenticeship committee may recommend to its community or technical college partner or partners that an associate degree pathway be developed for the committee's program.
(2) In consultation with the state board for community and technical colleges, the apprenticeship committee and the college or colleges involved with the program shall consider the extent apprentices in the program are likely to pursue an associate degree and the extent a pathway could reduce redundancy of course requirements between the apprenticeship and a degree.
(3) If the apprenticeship committee and the college or colleges involved with the program determine that a pathway would be beneficial for apprentices and assist them in obtaining an associate degree, the apprenticeship committee may request that a pathway be established as provided in RCW 28B.50.890.
[ 2003 c 128 s 2.]
Notes:
Findings—2003 c 128: "The legislature finds that:
(1) Apprenticeships are very rigorous and highly structured programs with specific academic and work training requirements;
(2) There is a misperception that apprenticeships are only for noncollege bound students; and
(3) The state should expand opportunities for individuals to progress from an apprenticeship to college by creating pathways that build on the apprenticeship experience and permit apprentices to earn an associate degree." [ 2003 c 128 s 1.]

catchline: Associate degree pathway.


title: RCW 49.04.160

text:
(1) The legislature finds that it is in the public interest of the state to encourage and facilitate the formation of cooperative relationships between business and labor and educational institutions that provide for the development and expansion of programs of educational skills training consistent with employment needs.
(2) Further, the legislature finds that it is in the state's interest to make students aware of the educational training programs and career employment opportunities.
(3) Therefore, the following shall be implemented to expand opportunities for secondary school students to prepare for technical careers and related apprenticeships:
(a) Centers of excellence and other colleges with a high density of apprenticeship programs shall act as brokers of relevant information and resources as provided for in RCW 49.04.170;
(b) An educational outreach program coordinated by the Washington state apprenticeship and training council as provided for in RCW 49.04.180; and
(c) The development of direct-entry programs for graduating secondary students, approved and overseen by the Washington state apprenticeship and training council as provided for in RCW 49.04.190.
[ 2006 c 161 s 1.]
Notes:
Effective date—2006 c 161: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect April 1, 2006." [ 2006 c 161 s 7.]

catchline: Student opportunities—Findings.


title: RCW 49.04.170

text:
(1) Centers of excellence, as designated by the state board for community and technical colleges, and other colleges identified by the state board for community and technical colleges in consultation with the Washington state apprenticeship and training council as having a high density of apprenticeship programs, shall act as a broker of relevant information and resources on available grants, scholarship opportunities, job openings, and industries of growth.
(2) The Washington state apprenticeship and training council, in conjunction with the office of the superintendent of public instruction, shall aid all local school districts in meeting the goals of chapter 161, Laws of 2006.
[ 2006 c 161 s 2.]
Notes:
Effective date—2006 c 161: See note following RCW 49.04.160.

catchline: Student opportunities—Centers of excellence, colleges to provide information.


title: RCW 49.04.180

text:
(1) Within existing resources, the Washington state apprenticeship and training council, in conjunction with individual state-approved apprenticeship training programs and the office of the superintendent of public instruction, shall lead and coordinate an educational outreach program for middle and secondary school students, parents, and educators about apprenticeship and career opportunities and communicate workforce projections to the office of the superintendent of public instruction for distribution to all local school districts.
(2) Appropriate activities of the Washington state apprenticeship and training council under this section include assistance with curriculum development, the establishment of practical learning opportunities for students, and seeking the advice and participation of industry and labor interests.
[ 2006 c 161 s 3.]
Notes:
Effective date—2006 c 161: See note following RCW 49.04.160.

catchline: Student opportunities—Educational outreach program—Appropriate activities.


title: RCW 49.04.190

text:
(1) Within existing resources, the Washington state apprenticeship and training council shall approve and oversee direct-entry programs for graduating secondary students into building and construction-related apprenticeships by:
(a) Assisting individual school districts in using and leveraging existing resources; and
(b) Developing guidelines, including guidelines that ensure that graduating secondary school students will receive appropriate education and training and will have the opportunity to transition to local apprenticeship programs. The guidelines must be developed with input from apprenticeship coordinators, the office of the superintendent of public instruction, the state board for community and technical colleges, the workforce training and education coordinating board, and other interested stakeholders for direct-entry programs.
(2) The Washington state apprenticeship and training council shall award up to ten incentive grants for the 2006-07 school year, based on guidelines established under subsection (1)(b) of this section, to school districts statewide solely for personnel to negotiate and implement agreements with local apprenticeship programs based upon state apprenticeship use requirements, as described in RCW 39.04.320, to accept graduating secondary school students with appropriate training into apprenticeship programs. The council shall make every effort to award the grants evenly across the state.
(3) For any year in which grants are awarded in accordance with this section, the Washington state apprenticeship and training council shall provide a report to the governor and the education and commerce and labor committees of the legislature. The report shall include:
(a) The guidelines established under subsection (1)(b) of this section;
(b) The names of the school districts receiving incentive grants under subsection (2) of this section;
(c) The results of negotiations between school districts receiving incentive grants and local apprenticeship programs;
(d) A list of apprenticeship programs that have agreed, pursuant to negotiated agreements, to accept qualified graduating secondary students; and
(e) The number of qualified graduating secondary students entering into apprenticeship programs each year through direct-entry programs.
[ 2016 c 197 s 5; 2006 c 161 s 4.]
Notes:
Effective date—2006 c 161: See note following RCW 49.04.160.

catchline: Student opportunities—Building and construction-related apprenticeships—Grants—Report.


title: RCW 49.04.200

text:
(1) The council must evaluate the potential of existing apprenticeship and training programs that would produce workers with the skills needed to conduct energy audits and provide energy efficiency services and deliver its findings to the department of commerce, the *leadership team, and the appropriate committees of the legislature as soon as possible, but no later than January 18, 2010.
(2) The council may prioritize workforce training programs that lead to apprenticeship programs in green economy jobs. For purposes of this section, green economy jobs include those in the primary industries of a green economy, including clean energy, the forestry industry, high-efficiency building, green transportation, and environmental protection. Prioritization efforts may include but are not limited to: (a) Prioritization of the use of high employer-demand funding for workforce training programs in green economy jobs; (b) increased outreach efforts to public utilities, education, labor, government, and private industry to develop tailored, green job training programs; and (c) increased outreach efforts to target populations. Outreach efforts shall be conducted in partnership with local workforce development councils.
(3) The definitions in RCW 43.330.010 apply to this section.
[ 2023 c 470 s 2091; 2009 c 536 s 12.]
Notes:
*Reviser's note: The leadership team was created in 2009 c 536 s 3, which was vetoed.
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Short title—2009 c 536: See note following RCW 43.330.370.

catchline: Apprenticeship programs for energy audits and energy efficiency services—Prioritization of workforce training programs—Outreach efforts.


title: RCW 49.04.210

text:
(1) An aerospace workforce council is created in the department of labor and industries to establish a framework for apprenticeship utilization reporting and to establish efficient pathways to achieve targets required under RCW 49.04.220. Beginning in calendar year 2020, the council must:
(a) Meet at least twice per year until the apprenticeship utilization levels in RCW 49.04.220 are achieved;
(b) Monitor the progress of a significant commercial airplane manufacturer, as defined in RCW 49.04.220, and the aerospace industry as a whole in achieving the apprenticeship utilization levels established in RCW 49.04.220;
(c) Report to the legislature by December 1, 2023, on the apprenticeship utilization rate across the aerospace industry and include any recommendations implementing the intent of chapter 165, Laws of 2020, including policy changes needed to expand upon early success of apprenticeship utilization if reached before the date set forth in RCW 49.04.220.
(2) The council must consist of fourteen members, appointed by the governor:
(a) One member must be appointed from each of the two largest aerospace labor organizations in Washington;
(b) Two members must be from a Washington aerospace industry business, only one of which must be from a significant commercial airplane manufacturer;
(c) Two members must be from nonprofit entities engaged in workforce training for the aerospace industry;
(d) One representative from the governor's office;
(e) One representative from the workforce training and education coordinating board;
(f) The state trade representative or the representative's designee;
(g) The director of the department of labor and industries, or the director's designee;
(h) One member from each of the two largest caucuses of the house of representatives, as appointed by the speaker of the house of representatives; and
(i) One member from each of the two largest caucuses of the senate, as appointed by the president of the senate.
[ 2020 c 165 s 5.]
Notes:
Findings—Intent—Effective date—2020 c 165: See notes following RCW 82.04.2602.

catchline: Aerospace workforce council created—Duties—Composition.


title: RCW 49.04.220

text:
(1) A significant commercial airplane manufacturer receiving the rate of 0.357 percent under RCW 82.04.260(11)(e) is subject to an aerospace apprenticeship utilization rate of one and five-tenths percent of its qualified apprenticeable workforce in Washington by July 1, 2026, or five years after the effective date of the 0.357 percent rate authorized under RCW 82.04.260(11)(e), whichever is later, as determined by the department of labor and industries.
(2) The aerospace industry in Washington, excluding a significant commercial airplane manufacturer, is subject to an aerospace apprenticeship utilization rate of one and five-tenths percent of its qualified apprenticeable workforce in Washington by July 1, 2026, or five years after the effective date of the 0.357 percent rate authorized under RCW 82.04.260(11)(e), whichever is later, as determined by the department of labor and industries.
(3) Aerospace employers must report relevant occupation data related to the qualified apprenticeable workforce to the department of labor and industries.
(4) The department of labor and industries shall report the aerospace apprenticeship utilization rate to the department [of revenue] and the appropriate committees of the legislature annually beginning October 1, 2024.
(5) The department of labor and industries shall determine aerospace apprenticeship utilization rates under this section based on the framework developed under RCW 49.04.210 and using occupational data reported to the department of labor and industries and/or the employment security department. For data reported to the department of labor and industries, the department of labor and industries shall determine the form and manner in which occupational data is reported, consistent with the framework developed under RCW 49.04.210, and may adopt rules to ensure full participation within the industry necessary to implement the requirements of this section. The department of labor and industries, consulting with the department of revenue, may also require additional information on the annual tax performance report under RCW 82.32.534. The department of labor and industries may adopt rules to ensure full participation within the industry and necessary to implement the requirements of this section.
(6) For the purposes of this section, the following definitions apply.
(a) "Aerospace employer" means any person that qualifies for the rate under RCW 82.04.260(11)(e) with twenty-five or more employees in positions determined to be qualified occupations by the Washington state apprenticeship and training council according to chapter 49.04 RCW directly applicable to the production of commercial aircraft.
(b) "Qualified apprenticeable workforce" means all occupations approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW directly applicable to the production of commercial aircraft.
(c) "Significant commercial airplane manufacturer" means a manufacturer of commercial airplanes with at least fifty thousand full-time employees in Washington as of January 1, 2021.
[ 2020 c 165 s 4.]
Notes:
Findings—Intent—Effective date—2020 c 165: See notes following RCW 82.04.2602.

catchline: Aerospace apprenticeship utilization rate—Requirements—Reporting.


title: RCW 49.04.230

text:
Educational requirements for an apprenticeship for substance use disorder professionals must be defined by the secretary of health under RCW 18.205.100.
[ 2021 c 165 s 3.]
Notes:
Rules—2021 c 165: See note following RCW 18.205.095.

catchline: Educational requirements—Secretary of health to define.


title: RCW 49.04.240

text:
(1) For any existing active registered apprenticeship programs, or when a new program gains approval, the apprenticeship council must establish an economic or industry sector-based platform.
(2) The economic or industry sector-based platforms may be in the following areas: Building trades, manufacturing and engineering, health care and behavioral health, education and early learning, information and communications technology, biotechnology and life sciences, hospitality, and maritime. Any platform established under this section must have an equal number of employer and employee organization representatives. All platforms established under this section must:
(a) Promote collaboration within their economic or industry sector;
(b) Periodically review the required classroom and on-the-job training standards for apprenticeship programs within their economic or industry sector;
(c) Collaborate with any relevant centers of excellence in RCW 28B.50.902; and
(d) Review applications for new apprenticeship programs in the platform's economic or industry sector and make recommendations on the approval or rejection of the applications, or suggested modifications to the applicant apprenticeship programs, to the apprenticeship council.
(3) The department of labor and industries must assign an industry liaison to support each platform.
(4) The platform must report at least annually to the apprenticeship council on the following within their economic or industry sector:
(a) Participation in existing approved apprenticeship programs;
(b) Progress in developing new apprenticeship programs; and
(c) Any review of required classroom and on-the-job training standards.
(5) The department must consult with the United States department of labor about opportunities for Washington state employers to participate in apprenticeship programs, and to pursue federal grants on behalf of state registered apprentices and apprenticeship programs.
[ 2022 c 156 s 2.]
Notes:
Intent—2022 c 156: "Washington state has maintained a robust registered apprenticeship system that has created tens of thousands of high-skill, high-wage careers in traditional apprenticeship programs that are financially stable and jointly managed to ensure future generations of apprentices for high demand occupations. The earn while you learn apprenticeship model opens opportunities to diverse groups and communities that have not been able to access traditional higher education and traditional apprenticeship programs in the past. The legislature recognizes that the COVID-19 pandemic has also created a significant dislocation and disruption of our workforce that can be repaired in part by reconnecting workers with innovative apprenticeships that lead to new career pathways. The legislature intends to encourage and foster new apprenticeship opportunities through programs sponsored by public and private entities. It is the intent of the legislature that apprenticeship programs seeking state registration receive prompt consideration with minimum delay. To achieve the goals of rebuilding a robust postpandemic workforce and undertaking active efforts to provide equity, diversity, inclusion, and accessibility in apprenticeship programs will take sustained effort and support." [ 2022 c 156 s 1.]
Effective date—2022 c 156 s 2: "Section 2 of this act takes effect July 1, 2023." [ 2022 c 156 s 12.]

catchline: Economic or industry sector-based platforms—Requirements—Reporting.


title: RCW 49.04.250

text:
The governor shall establish a committee of state agency human resources managers to undertake the development of appropriate apprenticeship programs for state agencies. The committee will involve the exclusive collective bargaining representatives and public sector agencies conducting work-study programs that enable high school graduates to achieve entry-level employment and placement in registered apprenticeship programs as potential apprenticeship pathways are considered and developed. The current registered apprenticeship program for industrial insurance at the department of labor and industries shall be consulted as a model for other agencies.
[ 2022 c 156 s 3.]
Notes:
Intent—2022 c 156: See note following RCW 49.04.240.

catchline: Committee to develop appropriate apprenticeship programs for state agencies.


title: RCW 49.04.260

text:
(1) A grant program for technology and remote learning infrastructure modernization of state registered apprenticeships is established.
(2) The department of labor and industries must manage and oversee the grant program and may establish application procedures and criteria for the receipt of grants. The department of labor and industries must require grant applications to include a plan to sustain the technology and remote learning infrastructure over time.
(3) Subject to the availability of funds appropriated for this specific purpose, the department of labor and industries may award one-time grants to state registered apprenticeship programs for modernizing technology and remote learning infrastructure.
(4) No funds from the accident fund established in RCW 51.44.010 or the medical aid fund established in RCW 51.44.020 may be used in funding the grant program established under this section.
[ 2022 c 156 s 5.]
Notes:
Intent—2022 c 156: See note following RCW 49.04.240.

catchline: Grant program for technology and remote learning infrastructure modernization of state registered apprenticeships.


title: RCW 49.04.270

text:
(1) A grant program for wraparound support services to mitigate barriers to beginning or participating in state registered apprenticeship programs is established. Support services shall include provisions for child care, health care, transportation to jobsites, and other support services necessary to mitigate barriers to beginning or participating in state registered apprenticeship programs.
(2) The department of labor and industries must manage and oversee the grant program and may establish application procedures and criteria for the receipt of grants.
(3) Subject to the availability of funds appropriated for this specific purpose, the department of labor and industries may award grants to nonprofit organizations and state registered apprenticeship training committees that support individuals currently in, or seeking to enter, state registered apprenticeship programs or apprenticeship council recognized apprenticeship preparation programs by providing, or connecting apprentices to, wraparound services, including child care, professional clothing, required tools, or transportation.
(4) No funds from the accident fund established in RCW 51.44.010 or the medical aid fund established in RCW 51.44.020 may be used in funding the grant program established under this section.
[ 2022 c 156 s 6.]
Notes:
Intent—2022 c 156: See note following RCW 49.04.240.

catchline: Grant program for wraparound support services.


title: RCW 49.04.280

text:
(1) A grant program for updating equipment in state registered apprenticeship programs is established.
(2) The department of labor and industries must manage and oversee the grant program and may establish application procedures and criteria for the receipt of grants.
(3) Subject to the availability of funds appropriated for this specific purpose, the department of labor and industries may award grants to state registered apprenticeship programs to upgrade equipment necessary for the program.
(4) No funds from the accident fund established in RCW 51.44.010 or the medical aid fund established in RCW 51.44.020 may be used in funding the grant program established under this section.
[ 2022 c 156 s 7.]
Notes:
Intent—2022 c 156: See note following RCW 49.04.240.

catchline: Grant program for updating equipment.


title: RCW 49.04.290

text:
(1) Subject to the availability of funds appropriated for this specific purpose, the department of labor and industries must provide vouchers to cover the cost of driver's education courses for minors enrolled in a state registered apprenticeship program.
(2) The department of labor and industries may establish application and award procedures for implementing this section.
(3) No funds from the accident fund established in RCW 51.44.010 or the medical aid fund established in RCW 51.44.020 may be used in funding the voucher program established under this section.
[ 2022 c 156 s 8.]
Notes:
Intent—2022 c 156: See note following RCW 49.04.240.

catchline: Vouchers for driver's education courses.


title: RCW 49.04.300

text:
(1) The department of labor and industries must conduct an apprentice retention study of state registered apprentices. The study must collect data from apprentices that are six months into their apprenticeships on the barriers and challenges new apprentices encounter that may prevent them from continuing their apprenticeships.
(2) The department of labor and industries must aggregate the data collected in subsection (1) of this section by trade and post the data on a dashboard on its public website annually.
(3) The department of labor and industries must use the data collected under this section to work with apprenticeship coordinators to implement an early alert response system to connect apprentices with needed support and wraparound services.
(4) By December 1, 2026, and in compliance with RCW 43.01.036, the department of labor and industries must submit a report to the legislature on its key findings on the barriers and challenges in retaining apprentices and its recommendations.
(5) This section expires December 31, 2027.
[ 2022 c 156 s 9.]
Notes:
Intent—2022 c 156: See note following RCW 49.04.240.

catchline: Apprenticeship retention study. (Expires December 31, 2027.)


title: RCW 49.04.305

text:
(1) Except as provided in subsection (4) of this section, for any general journey level electrician apprenticeship program approved under this chapter that is operated by an apprenticeship committee representing a single employer, the employer may use an apprentice registered in the program to perform work under the apprentice's valid specialty electrician certificate of competency issued by the department of labor and industries while participating in the program and without the employer having to change the apprentice's status in the program if:
(a) The employer submits to the department of labor and industries a detailed attestation of the apprentice's hours worked under the apprentice's valid specialty electrician certificate of competency on a quarterly basis; and
(b) The employer provides annual notice to the apprentice of the employer's intent to use the apprentice for performing work under the apprentice's valid specialty electrician certificate of competency, which must describe the requirements of this section, the wage the apprentice will be paid for performing work under the apprentice's valid specialty electrician certificate of competency, and inform the apprentice that performing such work for the employer may delay the apprentice's next wage progression based on low hour accumulation.
(2) The apprentice's hours worked under the apprentice's valid specialty electrician certificate of competency do not count toward the hours of work experience required to complete the program.
(3) Except as provided under subsection (4) of this section, an employer using an apprentice to perform work under the apprentice's valid specialty electrician certificate of competency under this section is exempt from the program standard requiring reasonably continuous employment, so long as the employer provides the apprentice at least 800 working hours each year that count toward the hours of work experience required to complete the program.
(4) The director of the department of labor and industries shall suspend the employer from the authorization under subsection (1) of this section and from the exemption under subsection (3) of this section if the director finds that the employer has willfully or repeatedly:
(a) Submitted incorrect or incomplete information in the attestation under subsection (1)(a) of this section or when reporting the hours for the apprenticeship program; or
(b) Failed to timely submit the attestation required under subsection (1)(a) of this section.
(5) The director of the department of labor and industries may adopt rules to implement this section.
[ 2025 c 240 s 1.]
Notes:
Effective date—2025 c 240: "This act takes effect January 1, 2026." [ 2025 c 240 s 2.]

catchline: Work by apprentice—Specialty electrician certificate.


title: RCW 49.04.310

text:
A teacher apprenticeship program must meet the requirements in RCW 28A.410.288.
[ 2025 c 309 s 3.]

catchline: Teacher apprenticeship program policy.


title: RCW 49.04.320

text:
(1) Beginning July 1, 2027, an apprenticeship program for a building or construction trade occupation approved by the apprenticeship council under this chapter must provide apprentices with behavioral health and wellness training and must require apprentices to successfully complete the training. Any new or updated apprenticeship program standards for a building or construction trade occupation approved by the council under this chapter on or after July 1, 2027, must include the training hours under this section.
(2)(a) The behavioral health and wellness training must include at least two hours of instruction. These hours are in addition to, and do not supplant, the minimum related or supplemental instruction hours required for the applicable program.
(b) The behavioral health and wellness training must cover the following topics: (i) Destigmatizing behavioral health and supporting wellness; (ii) recognizing signs of distress; (iii) suicide prevention; (iv) substance use disorder awareness and prevention; and (v) providing peer support and connecting to resources.
[ 2026 c 14 s 3.]

catchline: Building and construction apprenticeships—Behavioral health and wellness training.


title: RCW 49.04.910

text:
The amendments made by chapter 100, Laws of 1961 shall not be construed as modifying chapter 231, Laws of 1941 as amended, or as applying to any standards established thereunder or employment pursuant to any bona fide agreements entered into thereunder.
[ 1961 c 100 s 6.]
Notes:
Reviser's note: (1) Chapter 100, Laws of 1961 amended RCW 49.60.180, 49.60.190, 49.60.200 and reenacted RCW 49.60.310 to include age as an element of discrimination, and such chapter added a new section codified as RCW 49.44.090 relating to unfair practices in employment because of age.
(2) Chapter 231, Laws of 1941 is the apprenticeship law codified in chapter 49.04 RCW.

catchline: Chapter not affected by certain laws against discrimination in employment because of age.


title: RCW 49.08.010

text:
It shall be the duty of the chair of the public employment relations commission upon application of any employer or employee having differences, as soon as practicable, to visit the location of such differences and to make a careful inquiry into the cause thereof and to advise the respective parties, what, if anything, ought to be done or submitted to by both to adjust said dispute and should said parties then still fail to agree to a settlement through said chair, then said chair shall endeavor to have said parties consent in writing to submit their differences to a board of arbitrations to be chosen from citizens of the state as follows, to wit: Said employer shall appoint one and said employees acting through a majority, one, and these two shall select a third, these three to constitute the board of arbitration and the findings of said board of arbitration to be final.
[ 2010 c 8 s 12001; 1975 1st ex.s. c 296 s 36; 1903 c 58 s 1; RRS s 7667.]
Notes:
Public employment relations commission: Chapter 41.58 RCW.

catchline: Duty of director—Mediation—Board of arbitration selected—Board's findings final.


title: RCW 49.08.020

text:
The proceedings of said board of arbitration shall be held before the chair of the public employment relations commission who shall act as moderator or chair, without the privilege of voting, and who shall keep a record of the proceedings, issue subpoenas and administer oaths to the members of said board, and any witness said board may deem necessary to summon.
[ 2010 c 8 s 12002; 1975 1st ex.s. c 296 s 37; 1903 c 58 s 2; RRS s 7668.]

catchline: Procedure for arbitration.


title: RCW 49.08.030

text:
Any notice or process issued by the board herein created, shall be served by any sheriff, coroner or constable to whom the same may be directed, or in whose hands the same may be placed for service.
[ 1903 c 58 s 3; RRS s 7669.]

catchline: Service of process.


title: RCW 49.08.040

text:
Such arbitrators shall receive five dollars per day for each day actually engaged in such arbitration and travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended to be paid upon certificates of the director of labor and industries out of the fund appropriated for the purpose or at the disposal of the department of labor and industries applicable to such expenditure.
[1975-'76 2nd ex.s. c 34 s 144; 1903 c 58 s 4; RRS s 7670.]
Notes:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Compensation and travel expenses of arbitrators.


title: RCW 49.08.050

text:
Upon the failure of the director of labor and industries, in any case, to secure the creation of a board of arbitration, it shall become his or her duty to request a sworn statement from each party to the dispute of the facts upon which their dispute and their reasons for not submitting the same to arbitration are based. Any sworn statement made to the director of labor and industries under this provision shall be for public use and shall be given publicly in such newspapers as desire to use it.
[ 2010 c 8 s 12003; 1903 c 58 s 5; RRS s 7671.]

catchline: Failure to arbitrate—Statement of facts—Publicity.


title: RCW 49.08.070

text:
(1) Where referral to publicly supported dispute resolution services through the federal mediation and conciliation service or other applicable federal agency is impracticable or where those services are unavailable due to federal staffing or funding reductions, the public employment relations commission may charge private sector employers and labor organizations a fee for covering the costs of services provided under this chapter.
(2) Fees collected under this section must be deposited into the private sector labor dispute resolution account created in RCW 49.08.080.
[ 2025 c 352 s 8.]
Notes:
Conflict with federal requirements—2025 c 352: See note following RCW 50.20.090.

catchline: Cost of arbitration.


title: RCW 49.08.080

text:
The private sector labor dispute resolution account is created in the custody of the state treasurer. All fees collected under RCW 49.08.070 must be deposited into the account. The executive director of the public employment relations commission may authorize expenditures from the account solely for the administration, staffing, and other related expenses of private sector labor dispute resolution services under this chapter. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2025 c 352 s 9.]
Notes:
Conflict with federal requirements—2025 c 352: See note following RCW 50.20.090.

catchline: Private sector labor dispute resolution account.


title: RCW 49.100.005

text:
(1) The Washington state legislature is purposefully designed to be a part-time legislature to provide people from all areas of life the opportunity to participate. All businesses and industries, in the private and public sector, benefit when the legislature is made up of the broadest possible representation.
(2) It is a significant public policy to encourage citizens to serve in the legislature.
(3) Other states have enacted legislation addressing the duties and responsibilities of legislators and prospective legislators in relation to their regular employment. It is the intent of chapter 271, Laws of 2022 to address potential uncertainties that can occur between employers and employees who are part-time legislators because of the time requirements of the legislature.
[ 2022 c 271 s 1.]

catchline: Intent—2022 c 271.


title: RCW 49.100.010

text:
For the purposes of this chapter, "employer" means: (1) The state, state institutions, and state agencies; and (2) any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision.
[ 2022 c 271 s 2.]

catchline: "Employer" defined.


title: RCW 49.100.020

text:
(1) An employer must grant a temporary leave of absence without loss of job status or seniority to an employee who is a member of the state legislature in order for that employee to perform any official duty as a member of the legislature during regular and special legislative sessions.
(2) The leave of absence under this chapter may be unpaid leave. However, an employee may elect to substitute any accrued paid leave to which the employee is entitled for any part of the leave provided under this chapter.
(3) An employer may not discharge or threaten to discharge an employee for taking a leave of absence under this chapter.
[ 2022 c 271 s 3.]

catchline: Employer must grant a temporary leave of absence to an employee performing an official duty as a member of the legislature.


title: RCW 49.100.030

text:
(1) An employee who seeks leave under this chapter must provide the employer with notice of the employee's intention to take leave at least 30 days before a regular legislative session.
(2) When a special legislative session is called, the employee must provide notice to the employer as soon as the governor or legislature proclaims the special legislative session.
[ 2022 c 271 s 4.]

catchline: Employee must provide notice of intent to take leave.


title: RCW 49.100.040

text:
If an employer violates the provisions of this chapter, the employee may only bring a civil action, at his or her own expense, in superior court for an order requiring the reinstatement of the employee. Public resources may not be used, directly or indirectly, to bring or maintain a civil action under this section.
[ 2022 c 271 s 5.]

catchline: Violation of chapter—Civil action authorized.


title: RCW 49.105.005

text:
The legislature recognizes that fire protection measures are critical design elements meant to control the spread of a fire until active fire protection measures, such as sprinklers, fire extinguishers, or the fire department can take over and control a fire. Among the types of passive fire protection measures are the use of fire-resistant materials that help to protect structural steel, contain the fire, and limit damage to critical infrastructure. It is important that individuals installing these materials be properly trained to perform this work. Therefore, the legislature hereby establishes a training and certification program for fire-resistant material applicators.
[ 2023 c 145 s 1.]

catchline: Recognition.


title: RCW 49.105.010

text:
The definitions in this section apply throughout RCW 49.105.020 through 49.105.040 unless the context clearly requires otherwise.
(1) "Fire-resistant material" means:
(a) Wet or dry mix materials, cementitious materials, and fibrous materials, applied to achieve an hourly fire-resistant rating for buildings classified as construction types I, II, III, IV, and V, as defined by the international building code; and
(b) Sealants, putty, and caulking used for firestop systems, applied to risk category III and IV buildings, as defined by the international building code.
(2) "Certified fire-resistant material applicator" means an individual certified by the department to apply fire-resistant material. Certified fire-resistant material applicator does not include an individual applying fire-resistant material in or to the individual's own residence.
(3) "Contractor" means an employer performing work that includes the application of fire-resistant material, or any person, partnership, or business entity that does not have employees but that performs work that includes the application of fire-resistant material.
(4) "Department" means the department of labor and industries.
[ 2023 c 145 s 2.]

catchline: Definitions.


title: RCW 49.105.020

text:
(1) Every individual applying fire-resistant material for or as a contractor must be certified by the department. To qualify for certification, the individual must complete initial training and must complete refresher training every five years for recertification.
(2) All training provided under this section must be provided by an apprenticeship program registered with the Washington state apprenticeship and training council, or by fire-resistant material manufacturers or other certified training providers, that have been approved by the department to provide training in the application of fire-resistant materials. Training provided by manufacturers must include training in the application of at least four different types of fire-resistant material products.
(3) An individual who has completed the training required under this section must submit an application to the department to receive certification as a certified fire-resistant material applicator.
(4) The department shall, by rule, develop and administer a certification process for fire-resistant material applicators, including the minimum standards for initial training and refresher training, and the approval process for fire-resistance material manufacturers or other certified training providers. The department's rules and certification process must be in place at least one year prior to January 1, 2026.
[ 2023 c 145 s 3.]

catchline: Certification.


title: RCW 49.105.030

text:
(1) Beginning January 1, 2026, contractors must ensure all fire-resistant material is applied by a certified fire-resistant material applicator prior to the individual applying any fire-resistant material. A contractor must verify that the individual is certified by the department by obtaining written documentation of the individual's certification.
(2) Contractors must retain the written documentation for a period of 10 years.
[ 2023 c 145 s 4.]
Notes:
Effective date—2023 c 145 s 4: "Section 4 of this act takes effect January 1, 2026." [ 2023 c 145 s 8.]

catchline: Certification verification.


title: RCW 49.105.040

text:
(1) Unless specifically provided otherwise by statute, this chapter shall be implemented and enforced, including penalties, violations, citations, and other administrative procedures, pursuant to chapter 49.17 RCW.
(2) The first violation of this section is a penalty of $2,500.
(3) The second violation is a penalty of $3,000 and debarment from bidding for public works projects for one year.
(4) The third violation is a penalty of $5,000 and the contractor's permanent debarment from public works projects.
(5)(a) Violations must be published on the department's website, as determined under the department's rules.
(b) The penalties established in this section are a minimum which the department may exceed. After 2032, the department may adjust these penalties for inflation. Repeat, willful, and serious violations may result in increased penalties as determined by the department.
(6) The department must adopt rules to implement this chapter.
[ 2023 c 145 s 5.]

catchline: Enforcement—Rules.


title: RCW 49.12.005

text:
For the purposes of this chapter:
(1) "Department" means the department of labor and industries.
(2) "Director" means the director of the department of labor and industries, or the director's designated representative.
(3)(a) Before May 20, 2003, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees but does not include the state, any state institution, any state agency, political subdivision of the state, or any municipal corporation or quasi-municipal corporation. However, for the purposes of RCW 49.12.265 through 49.12.295, 49.12.350 through 49.12.370, 49.12.450, and 49.12.460 only, "employer" also includes the state, any state institution, any state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.
(b) On and after May 20, 2003, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. However, this chapter and the rules adopted thereunder apply to these public employers only to the extent that this chapter and the rules adopted thereunder do not conflict with: (i) Any state statute or rule; and (ii) respect to political subdivisions of the state and any municipal or quasi-municipal corporation, any local resolution, ordinance, or rule adopted under the authority of the local legislative authority before April 1, 2003.
(4) "Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise. "Employee" does not include an individual who is at least sixteen years old but under twenty-one years old, in his or her capacity as a player for a junior ice hockey team that is a member of a regional, national, or international league and that contracts with an arena owned, operated, or managed by a public facilities district created under chapter 36.100 RCW.
(5) "Conditions of labor" means and includes the conditions of rest and meal periods for employees including provisions for personal privacy, practices, methods and means by or through which labor or services are performed by employees and includes bona fide physical qualifications in employment, but shall not include conditions of labor otherwise governed by statutes and rules and regulations relating to industrial safety and health administered by the department.
(6) For the purpose of chapter 16, Laws of 1973 2nd ex. sess. a minor is defined to be a person of either sex under the age of eighteen years.
[ 2015 c 299 s 2; 2003 c 401 s 2; 1998 c 334 s 1; 1994 c 164 s 13; 1988 c 236 s 8; 1973 2nd ex.s. c 16 s 1.]
Notes:
Recognition—Intent—2015 c 299: "The legislature recognizes that junior ice hockey teams that are members of regional, national, or internationally recognized leagues provide significant benefits to their players by teaching them valuable athletic skills and interpersonal life skills. These junior teams also provide significant financial support to their communities as tenants of arenas owned, operated, or managed by public facilities districts. The legislature seeks to assist in the financial stability of public facilities districts and to ensure the viability of junior ice hockey in the state by clarifying that these young athletes are not employees of their teams." [ 2015 c 299 s 1.]
Findings—Purpose—Intent—Effective date—2003 c 401: See notes following RCW 49.12.187.
Construction—1998 c 334: See note following RCW 49.12.450.
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.


title: RCW 49.12.010

text:
The welfare of the state of Washington demands that all employees be protected from conditions of labor which have a pernicious effect on their health. The state of Washington, therefore, exercising herein its police and sovereign power declares that inadequate wages and unsanitary conditions of labor exert such pernicious effect.
[ 1973 2nd ex.s. c 16 s 2; 1913 c 174 s 1; RRS s 7623.]

catchline: Declaration.


title: RCW 49.12.020

text:
It shall be unlawful to employ any person in any industry or occupation within the state of Washington under conditions of labor detrimental to their health; and it shall be unlawful to employ workers in any industry within the state of Washington at wages which are not adequate for their maintenance.
[ 1973 2nd ex.s. c 16 s 3; 1913 c 174 s 2; RRS s 7624.]

catchline: Conditions of employment—Wages.


title: RCW 49.12.033

text: See RCW 43.22.270(5).

catchline: Administration and enforcement of chapter by director of labor and industries.


title: RCW 49.12.041

text:
It shall be the responsibility of the director to investigate the wages, hours and conditions of employment of all employees, including minors, except as may otherwise be provided in chapter 16, Laws of 1973 2nd ex. sess. The director, or the director's authorized representative, shall have full authority to require statements from all employers, relative to wages, hours and working conditions and to inspect the books, records and physical facilities of all employers subject to chapter 16, Laws of 1973 2nd ex. sess. Such examinations shall take place within normal working hours, within reasonable limits and in a reasonable manner.
[ 1994 c 164 s 14; 1973 2nd ex.s. c 16 s 5.]

catchline: Investigation of wages, hours and working conditions—Statements, inspections authorized.


title: RCW 49.12.050

text:
(1) Every employer shall keep a record of the names of all employees employed by him or her, and shall on request permit the director to inspect such record.
(2) Rules adopted under this chapter regarding records of hours worked do not apply to employees who have entered into a contract to play baseball at the minor league level and who are compensated pursuant to the terms of a collective bargaining agreement that expressly provides for wages and working conditions.
[ 2024 c 132 s 4; 2010 c 8 s 12004; 1994 c 164 s 15; 1973 2nd ex.s. c 16 s 14; 1913 c 174 s 7; RRS s 7626.]

catchline: Employer's record of employees—Exemptions.


title: RCW 49.12.091

text:
After an investigation has been conducted by the department of wages, hours and conditions of labor subject to chapter 16, Laws of 1973 2nd ex. sess., the director shall be furnished with all information relative to such investigation of wages, hours and working conditions, including current statistics on wage rates in all occupations subject to the provisions of chapter 16, Laws of 1973 2nd ex. sess. Within a reasonable time thereafter, if the director finds that in any occupation, trade or industry, subject to chapter 16, Laws of 1973 2nd ex. sess., the wages paid to employees are inadequate to supply the necessary cost of living, but not to exceed the state minimum wage as prescribed in RCW 49.46.020, as now or hereafter amended, or that the conditions of labor are detrimental to the health of employees, the director shall have authority to prescribe rules and regulations for the purpose of adopting minimum wages for occupations not otherwise governed by minimum wage requirements fixed by state or federal statute, or a rule or regulation adopted under such statute, and, at the same time have the authority to prescribe rules and regulations fixing standards, conditions and hours of labor for the protection of the safety, health and welfare of employees for all or specified occupations subject to chapter 16, Laws of 1973 2nd ex. sess. Thereafter, the director shall conduct a public hearing in accordance with the procedures of the administrative procedure act, chapter 34.05 RCW, for the purpose of the adoption of rules and regulations fixing minimum wages and standards, conditions and hours of labor subject to the provisions of chapter 16, Laws of 1973 2nd ex. sess. After such rules become effective, copies thereof shall be supplied to employers who may be affected by such rules and such employers shall post such rules, where possible, in such place or places, reasonably accessible to all employees of such employer. After the effective date of such rules, it shall be unlawful for any employer in any occupation subject to chapter 16, Laws of 1973 2nd ex. sess. to employ any person for less than the rate of wages specified in such rules or under conditions and hours of labor prohibited for any occupation specified in such rules: PROVIDED, That this section shall not apply to sheltered workshops.
[ 1994 c 164 s 16; 1973 2nd ex.s. c 16 s 6.]

catchline: Investigation information—Findings—Rules prescribing minimum wages, working conditions.


title: RCW 49.12.101

text:
Whenever wages, standards, conditions and hours of labor have been established by rule and regulation of the director, the director may upon application of either employers or employees conduct a public hearing for the purpose of the adoption, amendment or repeal of rules and regulations adopted under the authority of chapter 16, Laws of 1973 2nd ex. sess.
[ 1994 c 164 s 17; 1973 2nd ex.s. c 16 s 7.]

catchline: Hearing.


title: RCW 49.12.105

text:
An employer may apply to the director for an order for a variance from any rule or regulation establishing a standard for wages, hours, or conditions of labor adopted by the director under this chapter. The director shall issue an order granting a variance if the director determines or decides that the applicant for the variance has shown good cause for the lack of compliance. Any order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, standards and processes which the employer must adopt and utilize to the extent they differ from the standard in question. At any time the director may terminate and revoke such order, provided the employer was notified by the director of the termination at least thirty days prior to said termination.
[ 1994 c 164 s 18; 1973 2nd ex.s. c 16 s 8.]


title: RCW 49.12.110

text:
Subject to RCW 49.46.170, for any occupation in which a minimum wage has been established, the director may issue to an employer, a special certificate or permit for an employee with a disability to such a degree that the employee is unable to obtain employment in the competitive labor market, or to a trainee or learner not otherwise subject to the jurisdiction of the apprenticeship council, a special certificate or permit authorizing the employment of such employee for a wage less than the legal minimum wage; and the director shall fix the minimum wage for said person, such special certificate or permit to be issued only in such cases as the director may decide the same is applied for in good faith and that such certificate or permit shall be in force for such length of time as the director shall decide and determine is proper.
[ 2021 c 97 s 1; 2020 c 274 s 40; 1994 c 164 s 19; 1977 ex.s. c 80 s 35; 1973 2nd ex.s. c 16 s 13; 1913 c 174 s 13; RRS s 7632.]
Notes:
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.

catchline: Exceptions to minimum scale—Special certificate or permit.


title: RCW 49.12.121

text:
(1) The department may at any time inquire into wages, hours, and conditions of labor of minors employed in any trade, business, or occupation in the state of Washington and may adopt special rules for the protection of the safety, health, and welfare of minor employees. However, the rules may not limit the hours per day or per week, or other specified work period, that may be worked by minors who are emancipated by court order.
(2) The department shall issue work permits to employers for the employment of minors, after being assured the proposed employment of a minor meets the standards for the health, safety, and welfare of minors as set forth in the rules adopted by the department. No minor person shall be employed in any occupation, trade, or industry subject to chapter 16, Laws of 1973 2nd ex. sess., unless a work permit has been properly issued, with the consent of the parent, guardian, or other person having legal custody of the minor and with the approval of the school which such minor may then be attending. However, the consent of a parent, guardian, or other person, or the approval of the school which the minor may then be attending, is unnecessary if the minor is emancipated by court order.
(3) The minimum wage for minors shall be as prescribed in RCW 49.46.020.
[ 1993 c 294 s 9; 1989 c 1 s 3 (Initiative Measure No. 518, approved November 8, 1988); 1973 2nd ex.s. c 16 s 15.]
Notes:
Effective date—1993 c 294: See RCW 13.64.900.
Effective date—1989 c 1 (Initiative Measure No. 518): See note following RCW 49.46.010.

catchline: Wages and working conditions of minors—Special rules—Work permits.


title: RCW 49.12.123

text:
In implementing state policy to assure the attendance of children in the public schools it shall be required of any person, firm or corporation employing any minor under the age of eighteen years to obtain a work permit as set forth in RCW 49.12.121 and keep such permit on file during the employment of such minor, and upon termination of such employment of such minor to return such permit to the department of labor and industries.
[ 1991 c 303 s 8; 1983 c 3 s 156; 1973 c 51 s 3.]
Notes:
Severability—1973 c 51: See note following RCW 28A.225.010.

catchline: Work permit for minor required.


title: RCW 49.12.124

text:
For all minors employed as actors or performers in film, video, audio, or theatrical productions, the department shall issue a permit under RCW 49.12.121 and a variance under RCW 49.12.105 upon finding that the terms of the employment sufficiently protect the minor's health, safety, and welfare. The findings shall be based on information provided to the department including, but not limited to, the minor's working conditions and planned work schedule, adult supervision of the minor, and any planned educational programs.
[ 1994 c 62 s 2.]

catchline: Actors or performers—Work permits and variances for minors.


title: RCW 49.12.130

text:
Any employer who discharges, or in any other manner discriminates against any employee because such employee has testified or is about to testify, or because such employer believes that said employee may testify in any investigation or proceedings relative to the enforcement of RCW 49.12.010 through 49.12.180, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of from twenty-five dollars to one hundred dollars for each such misdemeanor.
[ 1913 c 174 s 16; RRS s 7635.]

catchline: Witness protected—Penalty.


title: RCW 49.12.140

text:
Any worker or the parent or guardian of any minor to whom RCW 49.12.010 through 49.12.180 applies may complain to the director that the wages paid to the workers are less than the minimum rate and the director shall investigate the same and proceed under RCW 49.12.010 through 49.12.180 in behalf of the worker.
[ 1994 c 164 s 20; 1913 c 174 s 17 1/2; RRS s 7637.]

catchline: Complaint of noncompliance.


title: RCW 49.12.145

text:
(1)(a) If a complainant files a complaint with the department of labor and industries alleging a violation of RCW 49.28.140, the department shall investigate the complaint.
(b) The department may not investigate any such alleged violation of rights that occurred more than three years before the date that the complainant filed the complaint.
(c) Upon the investigation of a complaint, the department shall issue either a citation and notice of assessment or a determination of compliance, within 90 days after the date on which the department received the complaint, unless the complaint is otherwise resolved. The department may extend the period by providing advance written notice to the complainant and the employer setting forth good cause for an extension of the period and specifying the duration of the extension.
(d) The department shall send a citation and notice of assessment or the determination of compliance to both the employer and the complainant by service of process or using an electronic or nonelectronic method by which the citation and notice of assessment or the determination of compliance can be tracked, or the delivery can be confirmed to their last known addresses. Before using an electronic method for the first time under this subsection, the department must provide the employer and complainant the option to receive communication through a nonelectronic method.
(2) If the department of labor and industries investigation finds that the complainant's allegation cannot be substantiated, the department shall issue a closure letter to the complainant and the employer detailing such finding.
(3)(a) If the department of labor and industries finds a violation of RCW 49.28.140, the department shall order the employer to pay the department a civil penalty.
(b) Except as provided otherwise in this chapter, the maximum penalty is $1,000 for each violation, up to three violations. If there are four or more violations of this chapter for a health care facility, the employer is subject to a civil penalty of $2,500 for the fourth violation, and $5,000 for each subsequent violation.
(c) The department may not assess a civil penalty if the employer reasonably relied on: (i) A rule related to any of the requirements of RCW 49.28.140; (ii) a written order, ruling, approval, opinion, advice, determination, or interpretation of the director; or (iii) an interpretive or administrative policy issued by the department and filed with the office of the code reviser. In accordance with the department's retention schedule obligations under chapter 40.14 RCW, the department shall maintain a complete and accurate record of all written orders, rulings, approvals, opinions, advice, determinations, and interpretations for purposes of determining whether an employer is immune from civil penalties under (b) of this subsection.
(4) The department of labor and industries may, at any time, waive or reduce a civil penalty assessed under this section if the director of the department determines that the employer has taken corrective action to resolve the violation.
(5) The department of labor and industries shall deposit all civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.
[ 2026 c 77 s 13; 2023 c 114 s 12.]
Notes:
Effective date—2023 c 114: See note following RCW 70.41.410.


title: RCW 49.12.147

text:
(1) A person, firm, or corporation aggrieved by a citation and notice of assessment or a determination of compliance by the department of labor and industries under RCW 49.12.145 may appeal the citation and notice of assessment to the director of the department by filing a notice of appeal with the director within 30 days of the department's issuance of the citation and notice of assessment. A citation and notice of assessment or a determination of compliance not appealed within 30 days is final and binding, and not subject to further appeal.
(2) A notice of appeal filed with the director of the department of labor and industries under this section shall stay the effectiveness of the citation and notice of assessment or the determination of compliance pending final review of the appeal by the director as provided for in chapter 34.05 RCW.
(3) Upon receipt of a notice of appeal, the director of the department of labor and industries shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order. The hearing and review procedures shall be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation and notice of assessment or determination of compliance shall be de novo. Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within 30 days after service of the initial order. The director shall conduct administrative review in accordance with chapter 34.05 RCW.
(4) The director of the department of labor and industries shall issue all final orders after appeal of the initial order. The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.
(5) Orders that are not appealed within the time period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.
(6) An employer who fails to allow adequate inspection of records in an investigation by the department of labor and industries under this section within a reasonable time period may not use such records in any appeal under this section to challenge the correctness of any determination by the department of the penalty assessed.
[ 2023 c 114 s 13.]
Notes:
Effective date—2023 c 114: See note following RCW 70.41.410.

catchline: Complaint of noncompliance—Appeals—Notice—Hearings—Final orders.


title: RCW 49.12.149

text:
Collections of unpaid citations assessing civil penalties under RCW 49.28.150, 49.12.145, and 49.12.147 will be pursuant to RCW 49.48.086.
[ 2023 c 114 s 14.]
Notes:
Effective date—2023 c 114: See note following RCW 70.41.410.

catchline: Complaint of noncompliance—Collections.


title: RCW 49.12.150

text:
If any employee shall receive less than the legal minimum wage, except as hereinbefore provided in RCW 49.12.110, said employee shall be entitled to recover in a civil action the full amount of the legal minimum wage as herein provided for, together with costs and attorney's fees to be fixed by the court, notwithstanding any agreement to work for such lesser wage. In such action, however, the employer shall be credited with any wages which have been paid upon account.
[ 1913 c 174 s 18; RRS s 7638.]

catchline: Civil action to recover underpayment.


title: RCW 49.12.170

text:
Except as otherwise provided in RCW 49.12.390 or 49.12.410, any employer employing any person for whom a minimum wage or standards, conditions, and hours of labor have been specified, at less than said minimum wage, or under standards, or conditions of labor or at hours of labor prohibited by the rules and regulations of the director; or violating any other of the provisions of chapter 16, Laws of 1973 2nd ex. sess., shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars nor more than one thousand dollars.
[ 1994 c 164 s 21; 1991 c 303 s 6; 1973 2nd ex.s. c 16 s 16; 1913 c 174 s 17; RRS s 7636.]
Notes:
Witnesses protected—Penalty: RCW 49.12.130.

catchline: Penalty.


title: RCW 49.12.180

text:
The director shall report annually to the governor on its investigations and proceedings.
[ 1994 c 164 s 22; 1977 c 75 s 73; 1913 c 174 s 20; RRS s 7640.]

catchline: Annual report.


title: RCW 49.12.185

text:
Chapter 16, Laws of 1973 2nd ex. sess. shall not apply to newspaper vendors or carriers and domestic or casual labor in or about private residences and agricultural labor as defined in RCW 50.04.150, as now or hereafter amended.
[ 1973 2nd ex.s. c 16 s 17.]

catchline: Exemptions from chapter.


title: RCW 49.12.187

text:
(1) This chapter shall not be construed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing concerning wages or standards or conditions of employment. However, rules adopted under this chapter regarding appropriate rest and meal periods as applied to employees in the construction trades may be superseded by a collective bargaining agreement negotiated under the national labor relations act, 29 U.S.C. Sec. 151 et seq., if the terms of the collective bargaining agreement covering such employees specifically require rest and meal periods and prescribe requirements concerning those rest and meal periods.
(2) Employees of public employers may enter into collective bargaining contracts, labor/management agreements, or other mutually agreed to employment agreements that specifically vary from or supersede, in part or in total, rules adopted under this chapter regarding appropriate rest and meal periods.
(3) Rules adopted under this chapter regarding appropriate rest and meal periods as applied to employees who have entered into a contract to play baseball at the minor league level may be superseded by a collective bargaining agreement negotiated under the national labor relations act, 29 U.S.C. Sec. 151 et seq., if the terms of the collective bargaining agreement covering such employees expressly provides for wages and working conditions.
[ 2024 c 132 s 3. Prior: 2003 c 401 s 3; 2003 c 146 s 1; 1973 2nd ex.s. c 16 s 18.]
Notes:
Findings—Purpose—Intent—2003 c 401: "The legislature finds that the enactment of chapter 236, Laws of 1988 amended the definition of employer under the industrial welfare act, chapter 49.12 RCW, to ensure that the family care provisions of that act applied to the state and political subdivisions. The legislature further finds that this amendment of the definition of employer may be interpreted as creating an ambiguity as to whether the other provisions of chapter 49.12 RCW have applied to the state and its political subdivisions. The purpose of this act is to make retroactive, remedial, curative, and technical amendments to clarify the intent of chapter 49.12 RCW and chapter 236, Laws of 1988 and resolve any ambiguity. It is the intent of the legislature to establish that, prior to May 20, 2003, chapter 49.12 RCW and the rules adopted thereunder did not apply to the state or its agencies and political subdivisions except as expressly provided for in RCW 49.12.265 through 49.12.295, 49.12.350 through 49.12.370, 49.12.450, and 49.12.460." [ 2003 c 401 s 1.]
Effective date—2003 c 401: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 20, 2003]." [ 2003 c 401 s 6.]

catchline: Collective bargaining rights not affected—Applicability.


title: RCW 49.12.200

text:
That hereafter in this state every avenue of employment shall be open to women; and any business, vocation, profession and calling followed and pursued by men may be followed and pursued by women, and no person shall be disqualified from engaging in or pursuing any business, vocation, profession, calling or employment or excluded from any premises or place of work or employment on account of sex.
[ 1963 c 229 s 1; 1890 p 519 s 1; RRS s 7620.]
Notes:
Qualifications of electors: State Constitution Art. 6 s 1 (Amendment 63).
Sex equality—Rights and responsibility: State Constitution Art. 31 ss 1, 2 (Amendment 61).

catchline: Women may pursue any calling open to men.


title: RCW 49.12.240

text:
(1) Every employer shall, at least annually, upon the request of an employee, permit that employee to inspect any or all of the employee's own personnel file(s) within the time required under RCW 49.12.250.
(2) For the purposes of this section and RCW 49.12.250, 49.12.260, and 49.12.261, "personnel file" includes the following records, if the employer creates such records:
(a) All job application records;
(b) All performance evaluations;
(c) All nonactive or closed disciplinary records;
(d) All leave and reasonable accommodation records;
(e) All payroll records; and
(f) All employment agreements.
(3) This section and RCW 49.12.250 may not be construed to:
(a) Create a retention schedule for records;
(b) Require an employer to create personnel records; or
(c) Supersede Washington state or federal privacy statutes regarding nondisclosure.
[ 2025 c 273 s 1; 1985 c 336 s 1.]
Notes:
Destruction or retention of information relating to state employee misconduct: RCW 41.06.450 through 41.06.460.

catchline: Employee inspection of personnel file.


title: RCW 49.12.250

text:
(1) For any employer other than those specified under subsection (2) of this section:
(a) The employer shall provide a copy of personnel file(s) within 21 calendar days after the employee, former employee, or their designee requests the file(s) at no cost to the employee, former employee, or their designee.
(b) The employer shall, within 21 calendar days of receiving a written request from a former employee or their designee, furnish a signed written statement to the former employee or their designee stating the effective date of discharge, whether the employer had a reason for the discharge, and if so, the reasons.
(2) Any employer subject to the requirements under chapter 42.56 RCW shall provide a copy of personnel file(s) when requested by the employee, former employee, or their designee in accordance with the procedures and requirements set forth in chapter 42.56 RCW. This subsection (2) does not limit or modify disclosure requirements under chapter 42.56 RCW.
(3)(a) An employee annually may petition that the employer under subsection (1) or (2) of this section review all information in the employee's personnel file(s) that are regularly maintained by the employer as a part of the employer's business records or are subject to reference for information given to persons outside of the company. The employer shall determine if there is any irrelevant or erroneous information in the file(s), and shall remove all such information from the file(s). If an employee does not agree with the employer's determination, the employee may at the employee's request have placed in the employee's personnel file a statement containing the employee's rebuttal or correction. Nothing in this subsection prevents the employer from removing information more frequently.
(b) A former employee shall retain the right of rebuttal or correction for a period not to exceed two years.
(4) For the purposes of this section, "former employee" means a person who separated from the employer within three years of the date of the person's request.
[ 2025 c 273 s 2; 1985 c 336 s 2.]

catchline: Employee inspection of personnel file—Erroneous or disputed information.


title: RCW 49.12.260

text:
RCW 49.12.240 and 49.12.250 do not apply to the records of an employee relating to the investigation of a possible criminal offense. RCW 49.12.240 and 49.12.250 do not apply to information or records compiled in preparation for an impending lawsuit which would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
[ 1985 c 336 s 3.]

catchline: Employee inspection of personnel file—Limitations.


title: RCW 49.12.261

text:
(1)(a) An employee or former employee may enforce RCW 49.12.250(1) through a private cause of action in superior court and for each violation will be entitled to equitable relief, statutory damages, and reasonable attorneys' fees and costs.
(b) Prior to enforcing through a private cause of action, the employee or former employee shall give a notice of intent to sue to the employer. The notice of intent to sue must reference that the employee or former employee has the right to bring a legal action under Washington state law. The notice of intent to sue may be provided to the employer with the initial request for a copy of the personnel file or anytime thereafter. No cause of action arising from the failure to provide the complete personnel file may be commenced until five calendar days have elapsed after the notice of intent to sue is provided to the employer.
(2) The statutory damages for each violation are:
(a) $250 if the complete personnel file or the statement required under RCW 49.12.250(1) is not provided within 21 calendar days of the request;
(b) $500 if the complete personnel file or the statement required under RCW 49.12.250(1) is not provided within 28 calendar days of the request;
(c) $1,000 if the complete personnel file or the statement required under RCW 49.12.250(1) is provided later than 35 calendar days of the request; and
(d) $500 for any other violations.
[ 2025 c 273 s 3.]

catchline: Employee inspection of personnel file—Cause of action—Damages.


title: RCW 49.12.265

text:
The definitions in this section apply throughout RCW 49.12.270 through 49.12.295 unless the context clearly requires otherwise.
(1) "Child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is: (a) Under eighteen years of age; or (b) eighteen years of age or older and incapable of self-care because of a mental or physical disability.
(2) "Grandparent" means a parent of a parent of an employee.
(3) "Parent" means a biological or adoptive parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child.
(4) "Parent-in-law" means a parent of the spouse of an employee.
(5) "Sick leave or other paid time off" means time allowed under the terms of an appropriate state law, collective bargaining agreement, or employer policy, as applicable, to an employee for illness, vacation, and personal holiday. If paid time is not allowed to an employee for illness, "sick leave or other paid time off" also means time allowed under the terms of an appropriate state law, collective bargaining agreement, or employer policy, as applicable, to an employee for disability under a plan, fund, program, or practice that is: (a) Not covered by the employee retirement income security act of 1974, 29 U.S.C. Sec. 1001 et seq.; and (b) not established or maintained through the purchase of insurance.
(6) "Spouse" means a husband or wife, as the case may be.
[ 2005 c 499 s 1; 2002 c 243 s 2.]
Notes:
Effective date—2002 c 243: "This act takes effect January 1, 2003." [ 2002 c 243 s 4.]

catchline: Sick leave, time off—Care of family members—Definitions.


title: RCW 49.12.270

text:
(1) If, under the terms of a collective bargaining agreement or employer policy applicable to an employee, the employee is entitled to sick leave or other paid time off, then an employer shall allow an employee to use any or all of the employee's choice of sick leave or other paid time off to care for: (a) A child of the employee with a health condition that requires treatment or supervision; or (b) a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency condition. An employee may not take advance leave until it has been earned. The employee taking leave under the circumstances described in this section must comply with the terms of the collective bargaining agreement or employer policy applicable to the leave, except for any terms relating to the choice of leave.
(2) Use of leave other than sick leave or other paid time off to care for a child, spouse, parent, parent-in-law, or grandparent under the circumstances described in this section shall be governed by the terms of the appropriate collective bargaining agreement or employer policy, as applicable.
[ 2002 c 243 s 1; 1988 c 236 s 3.]
Notes:
Effective date—2002 c 243: See note following RCW 49.12.265.
Legislative findings—1988 c 236: "The legislature recognizes the changing nature of the workforce brought about by increasing numbers of working mothers, single parent households, and dual career families. The legislature finds that the needs of families must be balanced with the demands of the workplace to promote family stability and economic security. The legislature further finds that it is in the public interest for employers to accommodate employees by providing reasonable leaves from work for family reasons. In order to promote family stability, economic security, and the public interest, the legislature hereby establishes a minimum standard for family care. Nothing contained in this act shall prohibit any employer from establishing family care standards more generous than the minimum standards set forth in this act." [ 1988 c 236 s 1.]
Effective date—1988 c 236: "This act shall take effect on September 1, 1988." [ 1988 c 236 s 12.]
Implementation—1988 c 236: "Prior to September 1, 1988, the department of labor and industries may take such steps as are necessary to ensure that chapter 236, Laws of 1988 is implemented on September 1, 1988." [ 1988 c 236 s 10.]
Severability—1988 c 236: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1988 c 236 s 11.]

catchline: Sick leave, time off—Care of family members.


title: RCW 49.12.275

text:
The department shall develop and furnish to each employer a poster which describes an employer's obligations and an employee's rights under RCW 49.12.270 through 49.12.295. The poster must include notice about any state law, rule, or regulation governing maternity disability leave and indicate that federal or local ordinances, laws, rules, or regulations may also apply. The poster must also include a telephone number and an address of the department to enable employees to obtain more information regarding RCW 49.12.270 through 49.12.295. Each employer must display this poster in a conspicuous place. Every employer shall also post its leave policies, if any, in a conspicuous place. Nothing in this section shall be construed to create a right to continued employment.
[ 1988 c 236 s 2.]
Notes:
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.

catchline: Sick leave, time off—Care of family members—Poster required.


title: RCW 49.12.280

text:
The department shall administer and investigate violations of RCW 49.12.270 and 49.12.275.
[ 1988 c 236 s 4.]
Notes:
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.

catchline: Sick leave, time off—Care of family members—Administration and enforcement.


title: RCW 49.12.285

text:
The department may issue a notice of infraction if the department reasonably believes that an employer has failed to comply with RCW 49.12.270 or 49.12.275. The form of the notice of infraction shall be adopted by rule pursuant to chapter 34.05 RCW. An employer who is found to have committed an infraction under RCW 49.12.270 or 49.12.275 may be assessed a monetary penalty not to exceed two hundred dollars for each violation. An employer who repeatedly violates RCW 49.12.270 or 49.12.275 may be assessed a monetary penalty not to exceed one thousand dollars for each violation. For purposes of this section, the failure to comply with RCW 49.12.275 as to an employee or the failure to comply with RCW 49.12.270 as to a period of leave sought by an employee shall each constitute separate violations. An employer has twenty days to appeal the notice of infraction. Any appeal of a violation determined to be an infraction shall be heard and determined by an administrative law judge. Monetary penalties collected under this section shall be deposited into the general fund.
[ 1988 c 236 s 5.]
Notes:
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.

catchline: Sick leave, time off—Care of family members—Monetary penalties.


title: RCW 49.12.287

text:
An employer shall not discharge, threaten to discharge, demote, suspend, discipline, or otherwise discriminate against an employee because the employee: (1) Has exercised, or attempted to exercise, any right provided under RCW 49.12.270 through 49.12.295; or (2) has filed a complaint, testified, or assisted in any proceeding under RCW 49.12.270 through 49.12.295.
[ 2002 c 243 s 3.]
Notes:
Effective date—2002 c 243: See note following RCW 49.12.265.

catchline: Sick leave, time off—Care of family members—Discharge of employee not permitted.


title: RCW 49.12.290

text:
Nothing in RCW 49.12.270 through 49.12.295 shall be construed to reduce any provision in a collective bargaining agreement.
[ 1988 c 236 s 6.]
Notes:
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.

catchline: Sick leave, time off—Care of family members—Collective bargaining agreement not reduced.


title: RCW 49.12.295

text:
The department shall notify all employers of the provisions of RCW 49.12.270 through 49.12.290.
[ 1988 c 236 s 7.]
Notes:
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.

catchline: Sick leave, time off—Care of family members—Notification of employers.


title: RCW 49.12.300

text:
(1) No person under sixteen years of age may be employed in house-to-house sales unless the department grants a variance permitting specific employment under criteria adopted by department rule.
(2) No person sixteen or seventeen years of age may be employed in house-to-house sales unless the employer:
(a) Obtains and maintains a validated registration certificate issued by the department. Application for registration shall be made on a form prescribed by the director, which shall include but not be limited to:
(i) The employer's name, permanent address, and telephone number;
(ii) The employer's social security number and industrial insurance number or, in lieu of these numbers, the employer's unified business identifier account number; and
(iii) A description of the work to be performed by persons aged sixteen or seventeen and the working conditions under which the work will be performed;
(b) Provides each employee sixteen or seventeen years of age, before beginning work, an identification card in a form prescribed by the director. The card shall include, but not be limited to, a picture of the employee, the employee's name, the name and address of the employer, a statement that the employer is registered with the department of labor and industries, and the registration number. The person employed in house-to-house sales shall show the identification card to each customer or potential customer of the person;
(c) Ensures supervision by a person aged twenty-one years or over during all working hours, with each supervisor responsible for no more than five persons; and
(d) If transporting an employee sixteen or seventeen years of age to another state, obtains the express written consent of the employee's parent or legal guardian.
(3) An employer may not employ a person sixteen or seventeen years of age in house-to-house sales after the hour of nine p.m.
(4) The department shall adopt by rule procedures for the renewal, denial, or revocation of registrations required by this section.
[ 1989 c 216 s 1.]

catchline: House-to-house sales by minor—Registration of employer.


title: RCW 49.12.310

text:
(1) Any person advertising to employ a person in house-to-house sales with an advertisement specifically prescribing a minimum age requirement that is under the age of twenty-one shall:
(a) Register with the department as provided in RCW 49.12.300(2)(a); and
(b) Include the following information in any advertisement:
(i) The registration number required by subsection (1)(a) of this section;
(ii) The specific nature of the employment and the product or services to be sold; and
(iii) The average monthly compensation paid in the previous six months to new employees, taking into account any deductions made pursuant to the employment contract.
(2) Advertising to recruit or employ a person in house-to-house sales shall not be false, misleading, or deceptive.
(3) A violation of this section is an unfair act or practice in violation of the consumer protection act, chapter 19.86 RCW. The remedies and sanctions provided under chapter 19.86 RCW shall not preclude application of other available remedies and sanctions.
(4) No publisher, radio broadcast licensee, advertising agency, or agency or medium for the dissemination of an advertisement may be subject to penalties by reason of dissemination of any false, misleading, or deceptive advertisement, or for an advertisement that fails to meet the requirements of subsection (1) of this section, unless he or she has refused on the request of the director to furnish the name and address of the person purchasing the advertising.
[ 1989 c 216 s 2.]

catchline: House-to-house sales by minor—Advertising by employer—Penalty.


title: RCW 49.12.320

text:
For the purposes of RCW 49.12.300 and 49.12.310:
(1) "Employ" includes to engage, suffer, or permit to work, but does not include voluntary or donated services performed for no compensation, or without expectation or contemplation of compensation as the adequate consideration for the services performed, for an educational, charitable, religious, state or local government body or agency, or nonprofit organization, or services performed by a newspaper vendor or a person in the employ of his or her parent or stepparent.
(2) "House-to-house sales" includes a sale or other transaction in consumer goods, the demonstration of products or equipment, the obtaining of orders for consumer goods, or the obtaining of contracts for services, in which the employee personally solicits the sale or transaction at a place other than the place of business of the employer.
[ 1989 c 216 s 3.]

catchline: Definitions.


title: RCW 49.12.330

text:
The department shall adopt rules to implement RCW 49.12.300 through 49.12.320.
[ 1989 c 216 s 4.]

catchline: Rules.


title: RCW 49.12.350

text:
The legislature finds that employers often distinguish between biological parents, and adoptive parents and stepparents in their employee leave policies. Many employers who grant leave to their employees to care for a newborn child either have no policy or establish a more restrictive policy regarding whether an adoptive parent or stepparent can take similar leave. The legislature further finds that many employers establish different leave policies for men and women regarding the care of a newborn or newly placed child. The legislature recognizes that the bonding that occurs between a parent and child is important to the nurturing of that child, regardless of whether the parent is the child's biological parent and regardless of the gender of the parent. For these reasons, the legislature declares that it is the public policy of this state to require that employers who grant leave to their employees to care for a newborn child make the same leave available upon the same terms for adoptive parents and stepparents, men and women.
[ 1989 1st ex.s. c 11 s 22.]
Notes:
Effective date—1989 1st ex.s. c 11: "This act shall take effect September 1, 1989." [ 1989 1st ex.s. c 11 s 27.]

catchline: Parental leave—Legislative findings.


title: RCW 49.12.360

text:
(1) An employer must grant an adoptive parent or a stepparent, at the time of birth or initial placement for adoption of a child under the age of six, the same leave under the same terms as the employer grants to biological parents. As a term of leave, an employer may restrict leave to those living with the child at the time of birth or initial placement.
(2) An employer must grant the same leave upon the same terms for men as it does for women.
(3) The department shall administer and investigate violations of this section. Notices of infraction, penalties, and appeals shall be administered in the same manner as violations under RCW 49.12.285.
(4) For purposes of this section, "leave" means any leave from employment granted to care for a newborn or a newly adopted child at the time of placement for adoption.
(5) Nothing in this section requires an employer to:
(a) Grant leave equivalent to maternity disability leave; or
(b) Establish a leave policy to care for a newborn or newly placed child if no such leave policy is in place for any of its employees.
[ 2003 c 401 s 4; 1989 1st ex.s. c 11 s 23.]
Notes:
Findings—Purpose—Intent—Effective date—2003 c 401: See notes following RCW 49.12.187.
Effective date—1989 1st ex.s. c 11: See note following RCW 49.12.350.


title: RCW 49.12.370

text:
In the case of employees covered by an unexpired collective bargaining agreement that expires on or after September 1, 1989, or by an employee benefit program or plan with a stated year ending on or after September 1, 1989, the effective date of RCW 49.12.360 shall be the later of: (1) The first day following expiration of the collective bargaining agreement; or (2) the first day of the next plan year.
[ 1989 1st ex.s. c 11 s 24.]
Notes:
Effective date—1989 1st ex.s. c 11: See note following RCW 49.12.350.

catchline: Parental leave—Collective bargaining agreement or employee benefit plan—Application.


title: RCW 49.12.380

text:
Upon adoption of the rules under *section 1 of this act, the department of labor and industries shall implement a comprehensive program to inform employers of the rules adopted. The program shall include mailings, public service announcements, seminars, and any other means deemed appropriate to inform all Washington employers of their rights and responsibilities regarding the employment of minors.
[ 1991 c 303 s 2.]
Notes:
*Reviser's note: Section 1 of this act, which amended RCW 49.12.121, was vetoed by the governor.

catchline: Child labor laws—Information program.