title: RCW 5.70.005

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Amplified DNA" means DNA generated during scientific analysis using a polymerase chain reaction.
(2) "Association" means the Washington association of sheriffs and police chiefs.
(3) "DNA work product" means (a) product generated during the process of scientific analysis of such material, except amplified DNA, material that had been subjected to DNA extraction, screening by-products, and DNA extracts from reference samples; or (b) any material contained on a microscope slide, swab, in a sample tube, cutting, DNA extract, or some other similar retention method used to isolate potential biological evidence that has been collected by law enforcement or a forensic nurse as part of an investigation and prepared for scientific analysis, whether or not it is submitted for scientific analysis and derived from:
(i) The contents of a sexual assault examination kit;
(ii) Blood;
(iii) Semen;
(iv) Hair;
(v) Saliva;
(vi) Skin tissue;
(vii) Fingerprints;
(viii) Bones;
(ix) Teeth; or
(x) Any other identifiable human biological material or physical evidence.
Notwithstanding the foregoing, "DNA work product" does not include a reference sample collected unless it has been shown through DNA comparison to associate the source of the sample with the criminal case for which it was collected.
(4) "Governmental entity" means any general law enforcement agency or any person or organization officially acting on behalf of the state or any political subdivision of the state involved in the collection, examination, tracking, packaging, storing, or disposition of biological material collected in connection with a criminal investigation relating to a felony offense.
(5) "Investigational status" means:
(a) The agency case or incident number;
(b) The date the request for forensic examination of the sexual assault kit was submitted to the Washington state patrol crime laboratory;
(c) The date the forensic examination was complete and reported to the law enforcement agency;
(d) Whether the case is open or closed;
(e) Whether the case was reopened as a result of the hit in the combined DNA index system;
(f) For open cases, whether the case remains:
(i) An active investigation;
(ii) Open pending forensic examination results; or
(iii) Open and inactive, in which case the agency must include a brief description as to why the case is inactive; and
(g) For closed cases, whether the case was closed as a result of:
(i) A referral for prosecution where charges were filed or the prosecutor is reviewing the case;
(ii) A referral for prosecution where the prosecutor declined to file charges based on the case being legally insufficient;
(iii) A referral for prosecution where the prosecutor declined to file charges because the case failed to meet prosecutorial charging standards;
(iv) After reviewing the results of the forensic examination, there was no evidence that a crime occurred, or there was lack of probable cause that a crime occurred;
(v) The inability to locate the victim or lack of victim participation; or
(vi) Any other reason, in which case the agency must include a brief description as to why the case closed.
(6) "Reference sample" means a known sample collected from an individual by a governmental entity for the purpose of comparison to DNA profiles developed in a criminal case.
(7) "Screening by-product" means a product or waste generated during examination of DNA evidence, or the screening process of such evidence, that is not intended for long-term storage.
(8) "Sexual assault kit" includes all evidence collected during a sexual assault medical forensic examination.
(9) "Unreported sexual assault kit" means a sexual assault kit where a law enforcement agency has not received a related report or complaint alleging a sexual assault or other crime has occurred.
[ 2021 c 118 s 1; 2020 c 26 s 2.]
Notes:
Effective date—2021 c 118: See note following RCW 5.70.060.
Intent—2020 c 26: See note following RCW 63.21.090.


doc_type: statute

jurisdiction: wa

title: RCW 5.70.010

text:
(1) In any felony case initially charged as a violent or sex offense, as defined in RCW 9.94A.030, a governmental entity shall preserve any DNA work product that has been secured in connection with the criminal case, including related investigatory reports and records, according to the following guidelines:
(a) Except as provided in (b) of this subsection, where a defendant has been charged and convicted in connection with the case, the DNA work product and investigatory reports and records must be maintained throughout the length of the sentence, including any period of community custody extending through final discharge;
(b) Where a defendant has been convicted and sentenced under RCW 9.94A.507 in connection with the case, the DNA work product and investigatory reports and records must be maintained for ninety-nine years or until the death of the defendant, whichever is sooner; and
(c) Where no conviction has been made in connection with the case, the DNA work product and investigatory reports and records must be maintained for ninety-nine years or throughout the period of the statute of limitations pursuant to RCW 9A.04.080, whichever is sooner.
(2) Notwithstanding subsection (1) of this section, in any felony case regardless of whether the identity of the offender is known and law enforcement has probable cause sufficient to believe the elements of a violent or sex offense as defined in RCW 9.94A.030 have been committed, a governmental entity shall preserve any DNA work product secured in connection with the criminal case and investigatory reports and records for ninety-nine years or throughout the period of the statute of limitations pursuant to RCW 9A.04.080, whichever is sooner.
(3) The failure of a law enforcement agency to preserve DNA work product does not constitute grounds in any criminal proceeding for challenging the admissibility of other DNA work product that was preserved in a case, and any evidence offered may not be excluded by a court on those grounds. The court may not set aside the conviction or sentence or order the reversal of a conviction under this section on the grounds that the DNA work product is no longer available. Unless the court finds that DNA work product was destroyed with malicious intent to violate this section, a person accused of committing a crime against a person has no cause of action against a law enforcement agency for failure to comply with the requirements of this section. If the court finds that DNA work product was destroyed with malicious intent to violate this section, the court may impose appropriate sanctions. Nothing in this section may be construed to create a private right of action on the part of any individual or entity against any law enforcement agency or any contractor of a law enforcement agency.
[ 2020 c 26 s 1; 2015 c 221 s 1.]
Notes:
Intent—2020 c 26: See note following RCW 63.21.090.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Preservation of DNA work product—Failure to preserve DNA work product.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 5.70.020

text:
(1) Nothing in this chapter precludes the trial court from ordering the destruction of DNA reference samples contributed by a defendant who was charged and acquitted or whose conviction was overturned in connection with a violent or sex offense as defined in RCW 9.94A.030.
(2)(a) A person may submit an application to the Washington state patrol to have his or her DNA reference sample data expunged from the Washington state patrol's DNA identification system in cases where: (i) The person's DNA reference sample was collected and entered into the system and (ii) the charges against the person were dismissed with prejudice or the person was found not guilty.
(b) The Washington state patrol must expunge the person's DNA reference sample data if he or she meets the criteria established in law or by rule.
[ 2015 c 221 s 2.]

catchline: Destruction of DNA reference samples—Expungement of DNA reference sample data.


title: RCW 5.70.030

text:
(1)(a) Any unreported sexual assault kit collected on or after June 30, 2020, must be transported from the collecting entity to the applicable local law enforcement agency.
(b) By January 1, 2021, unreported sexual assault kits collected prior to June 30, 2020, and stored according to the requirements of RCW 70.125.101 must be transported to the applicable local law enforcement agency.
(2)(a) The applicable local law enforcement agency is responsible for conducting the transport of the unreported sexual assault kit from the collecting entity to the agency as required under subsection (1) of this section.
(b) The applicable law enforcement agency shall store and preserve the unreported sexual assault kit for twenty years from the date of collection.
(3) The term "applicable local law enforcement agency" refers to the local law enforcement agency that would have jurisdiction to investigate any related criminal allegations if they were to be reported to law enforcement. The applicable local law enforcement agency is determined through consultation between the collecting entity or, in the case of unreported sexual assault kits stored according to the requirements of RCW 70.125.101, the Washington state patrol, and local law enforcement agencies.
[ 2020 c 26 s 3.]
Notes:
Effective date—2020 c 26 s 3: "Section 3 of this act takes effect June 30, 2020." [ 2020 c 26 s 19.]
Intent—2020 c 26: See note following RCW 63.21.090.

catchline: Unreported sexual assault kits—Transportation to local law enforcement agency—Storage and preservation.


title: RCW 5.70.040

text:
(1) When a law enforcement agency receives a sexual assault kit, the law enforcement agency must, within thirty days of its receipt, submit a request for laboratory examination to the Washington state patrol crime laboratory for prioritization for testing by it or another accredited laboratory that holds an outsourcing agreement with the Washington state patrol if:
(a) The law enforcement agency has received a related report or complaint alleging a sexual assault or other crime has occurred; and
(b)(i) Consent for laboratory examination has been given by the victim; or
(ii) The victim is a person under the age of eighteen who is not emancipated pursuant to chapter 13.64 RCW.
(2) Beginning May 1, 2022, when the Washington state patrol receives a request for laboratory examination of a sexual assault kit from a law enforcement agency, the Washington state patrol shall conduct the laboratory examination of the sexual assault kit, and when appropriate, enter relevant information into the combined DNA index system, within forty-five days of receipt of the request. The Washington state patrol crime laboratory must give priority to the laboratory examination of sexual assault kits at the request of a local law enforcement agency for:
(a) Active investigations and cases with impending court dates;
(b) Active investigations where public safety is an immediate concern;
(c) Violent crimes investigations, including active sexual assault investigations;
(d) Postconviction cases; and
(e) Other crimes' investigations and nonactive investigations, such as previously unsubmitted older sexual assault kits or recently collected sexual assault kits that the submitting agency has determined to be lower priority based on their initial investigation.
(3) The requirements to request and complete laboratory examination of sexual assault kits under subsections (1) and (2) of this section do not include forensic toxicological analysis. However, nothing in this section limits or modifies the authority of a law enforcement agency to request toxicological analysis of evidence collected in a sexual assault kit.
(4) The failure of a law enforcement agency to submit a request for laboratory examination, or the failure of the Washington state patrol to facilitate laboratory examination, within the time periods prescribed under this section does not constitute grounds in any criminal proceeding for challenging the validity of a DNA evidence association, and any evidence obtained from the sexual assault kit may not be excluded by a court on those grounds.
(5) A person accused or convicted of committing a crime against a victim has no standing to object to any failure to comply with the requirements of this section, and the failure to comply with the requirements of this section is not grounds for setting aside the conviction or sentence.
(6) Nothing in this section may be construed to create a private right of action or claim on the part of any individual, entity, or agency against any law enforcement agency or any contractor of any law enforcement agency.
(7) This section applies to sexual assault examinations performed on or after July 24, 2015.
(8)(a) Until June 30, 2023, the Washington state patrol shall compile the following information related to the sexual assault kits identified in this section and RCW 5.70.050:
(i) The number of requests for laboratory examination made for sexual assault kits and the law enforcement agencies that submitted the requests; and
(ii) The progress made towards testing the sexual assault kits, including the status of requests for laboratory examination made by each law enforcement agency.
(b) The Washington state patrol shall make recommendations for increasing the progress on testing any untested sexual assault kits.
(c) Beginning in 2015, the Washington state patrol shall report its findings and recommendations annually to the appropriate committees of the legislature and the governor by December 1st of each year.
[ 2020 c 26 s 4; 2019 c 93 s 6; 2015 c 247 s 1. Formerly RCW 70.125.090.]
Notes:
Intent—2020 c 26: See note following RCW 63.21.090.

catchline: Sexual assault kits—Request for laboratory examination—Report to the legislature.


title: RCW 5.70.050

text:
(1) Law enforcement agencies shall submit requests for forensic analysis of all sexual assault kits collected prior to July 24, 2015, and in the possession of the agencies to the Washington state patrol crime laboratory by October 1, 2019, except submission for forensic analysis is not required when: (a) Forensic analysis has previously been conducted; (b) there is documentation of an adult victim or emancipated minor victim expressing that he or she does not want his or her sexual assault kit submitted for forensic analysis; or (c) a sexual assault kit is noninvestigatory and held by a law enforcement agency pursuant to an agreement with a hospital or other medical provider. The requirements of this subsection apply regardless of the statute of limitations or the status of any related investigation.
(2) The Washington state patrol crime laboratory may consult with local law enforcement agencies to coordinate the efficient submission of requests for forensic analysis under this section in conjunction with the implementation of the statewide tracking system under RCW 43.43.545, provided that all requests are submitted and all required information is entered into the statewide sexual assault tracking system by October 1, 2019. The Washington state patrol crime laboratory shall facilitate the forensic analysis of all sexual assault kits submitted under this section by December 1, 2021. The analysis may be conducted by the Washington state patrol laboratory or an accredited laboratory holding a contract or agreement with the Washington state patrol. The Washington state patrol shall process the forensic analysis of sexual assault kits in accordance with the priorities in RCW 5.70.040(2).
(3) The requirements to request and complete laboratory examination of sexual assault kits under this section do not include forensic toxicological analysis. However, nothing in this section limits or modifies the authority of a law enforcement agency to request toxicological analysis of evidence collected in a sexual assault kit.
(4) The failure of a law enforcement agency to submit a request for laboratory examination within the time prescribed under this section does not constitute grounds in any criminal proceeding for challenging the validity of a DNA evidence association, and any evidence obtained from the sexual assault kit may not be excluded by a court on those grounds.
(5) A person accused or convicted of committing a crime against a victim has no standing to object to any failure to comply with the requirements of this section, and the failure to comply with the requirements of this section is not grounds for setting aside the conviction or sentence.
(6) Nothing in this section may be construed to create a private right of action or claim on the part of any individual, entity, or agency against any law enforcement agency or any contractor of any law enforcement agency.
[ 2020 c 26 s 5; 2019 c 93 s 7. Formerly RCW 70.125.100.]
Notes:
Intent—2020 c 26: See note following RCW 63.21.090.

catchline: Duty to submit requests for forensic analysis of sexual assault kits within time prescribed—Exceptions.


title: RCW 5.70.060

text:
(1) For any sexual assault kit under RCW 5.70.050 where forensic analysis has generated a profile that has resulted in a hit in the combined DNA index system, the office of the attorney general shall request information from the applicable law enforcement agency and prosecuting attorney as to the case status of any related criminal investigation and prosecution, including information as provided under RCW 5.70.005(5) as well as any other relevant information. The law enforcement agency and prosecuting attorney shall provide requested case status updates to the office of the attorney general. The office of the attorney general shall consult with the association when developing any procedures for requesting and collecting case status updates under this section.
(2) Nothing in this section may be interpreted to require any law enforcement agency or prosecuting attorney to disclose any information that would jeopardize an active criminal investigation or prosecution.
(3) The attorney general's office shall report quarterly to the association the investigational status of any sexual assault kit under RCW 5.70.050.
(4) Beginning in 2022, in consultation with the attorney general's office, the association must submit reports on the information collected pursuant to this section to the governor and appropriate committees of the legislature by January 1st and July 1st of each year.
[ 2021 c 118 s 2.]
Notes:
Effective date—2021 c 118: "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 [April 26, 2021]." [ 2021 c 118 s 5.]

catchline: Case status updates—Reports.


title: RCW 5.70.070

text:
(1) For purposes of this section:
(a) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place situated in Washington state where a health care provider provides health care to patients.
(b) "Health care provider" means a person licensed, certified, or otherwise authorized or permitted by law, in Washington state, to provide health care in the ordinary course of business or practice of a profession, and includes a health care facility.
(c) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity. The term does not include a government or governmental subdivision, agency, or instrumentality.
(d) "Sexual assault kit" means a product with which evidence of sexual assault is collected.
(2) A person may not sell, offer for sale, or otherwise make available a sexual assault kit:
(a) That is marketed or otherwise presented as over-the-counter, at-home, or self-collected or in any manner that indicates that the sexual assault kit may be used for the collection of evidence of sexual assault other than by law enforcement or a health care provider; or
(b) If the person intends, knows, or reasonably should know that the sexual assault kit will be used for the collection of evidence of sexual assault other than by law enforcement or a health care provider.
(3) The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this section is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 2023 c 296 s 2.]
Notes:
Intent—2023 c 296: "It is the intent of the legislature to support survivors of sexual offenses through building victim-centered, trauma-informed systems that promote successful investigations and prosecutions of sexual offenses. Thorough and professional investigations, including preservation of forensic evidence, are imperative and a fundamental component in achieving these outcomes. At-home sexual assault test kits create false expectations and harm the potential for successful investigations and prosecutions. The sale of over-the-counter sexual assault kits may prevent survivors from receiving accurate information about their options and reporting processes; from obtaining access to appropriate and timely medical treatment and follow up; and from connecting to their community and other vital resources." [ 2023 c 296 s 1.]

catchline: Over-the-counter sexual assault kits.


title: RCW 50.01.005

text:
This title shall be known and may be cited as the "Employment Security Act."
[ 1953 ex.s. c 8 s 24; 1945 c 35 s 1; Rem. Supp. 1945 s 9998-140.]

catchline: Short title.


title: RCW 50.01.010

text:
Whereas, economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state; involuntary unemployment is, therefore, a subject of general interest and concern which requires appropriate action by the legislature to prevent its spread and to lighten its burden which now so often falls with crushing force upon the unemployed worker and his or her family. Social security requires protection against this greatest hazard of our economic life. This can be provided only by application of the insurance principle of sharing the risks, and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing powers and limiting the serious social consequences of relief assistance. The state of Washington, therefore, exercising herein its police and sovereign power endeavors by this title to remedy any widespread unemployment situation which may occur and to set up safeguards to prevent its recurrence in the years to come. The legislature, therefore, declares that in its considered judgment the public good, and the general welfare of the citizens of this state require the enactment of this measure, under the police powers of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own, and that this title shall be liberally construed for the purpose of reducing involuntary unemployment and the suffering caused thereby to the minimum.
[ 2010 c 8 s 13001; 2005 c 133 s 2; 2003 2nd sp.s. c 4 s 1; 1945 c 35 s 2; Rem. Supp. 1945 s 9998-141. Prior: 1937 c 162 s 2.]
Notes:
Findings—Intent—Conflict with federal requirements—Effective date—2005 c 133: See notes following RCW 50.20.120.
Additional employees authorized—2005 c 133: "To establish additional capacity within the employment security department, the department is authorized to add two full-time equivalent employees to develop economic models for estimating the impacts of policy changes on the unemployment insurance system and the unemployment trust fund." [ 2005 c 133 s 8.]
Conflict with federal requirements—2003 2nd sp.s. c 4: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this act. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [ 2003 2nd sp.s. c 4 s 36.]
Severability—2003 2nd sp.s. c 4: "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." [ 2003 2nd sp.s. c 4 s 37.]
Effective date—2003 2nd sp.s. c 4: "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 [June 20, 2003]." [ 2003 2nd sp.s. c 4 s 39.]

catchline: Preamble.


title: RCW 50.04.020

text:
"Base year" with respect to each individual, shall mean either the first four of the last five completed calendar quarters or the last four completed calendar quarters immediately preceding the first day of the individual's benefit year.
For the purposes of establishing a benefit year, the department shall initially use the first four of the last five completed calendar quarters as the base year. If a benefit year is not established using the first four of the last five calendar quarters as the base year, the department shall use the last four completed calendar quarters as the base year.
Computations using the last four completed calendar quarters shall be based on available wage items processed as of the close of business on the day preceding the date of application. The department shall promptly contact employers to request assistance in obtaining wage information for the last completed calendar quarter if it has not been reported at the time of initial application.
[ 1994 c 3 s 1; 1987 c 278 s 1; 1970 ex.s. c 2 s 1; 1945 c 35 s 3; Rem. Supp. 1945 s 9998-142. Prior: 1943 c 127 s 13; 1939 c 214 s 19; 1937 c 162 s 19.]
Notes:
Conflict with federal requirements—1994 c 3: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [ 1994 c 3 s 4.]
Severability—1994 c 3: "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." [ 1994 c 3 s 5.]
Effective dates—1994 c 3: "(1) Section 1 of 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 shall take effect April 3, 1994.
(2) Section 2 of 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 shall take effect April 1, 1994.
(3) Section 3 of 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 shall take effect immediately [February 26, 1994]." [ 1994 c 3 s 6.]
Effective date—1970 ex.s. c 2: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect April 5, 1970: PROVIDED, That sections 3 and 8 of this 1970 amendatory act shall not take effect until January 1, 1971." [ 1970 ex.s. c 2 s 25.]

catchline: Base year—Alternative base year.


title: RCW 50.04.030

text:
"Benefit year" with respect to each individual, means the fifty-two consecutive week period beginning with the first day of the calendar week in which the individual files an application for an initial determination and thereafter the fifty-two consecutive week period beginning with the first day of the calendar week in which the individual next files an application for an initial determination after the expiration of the individual's last preceding benefit year: PROVIDED, HOWEVER, That the foregoing limitation shall not be deemed to preclude the establishment of a new benefit year under the laws of another state pursuant to any agreement providing for the interstate combining of employment and wages and the interstate payment of benefits nor shall this limitation be deemed to preclude the commissioner from backdating an initial application at the request of the claimant either for the convenience of the department of employment security or for any other reason deemed by the commissioner to be good cause.
An individual's benefit year shall be extended to be fifty-three weeks when at the expiration of fifty-two weeks the establishment of a new benefit year would result in the use of a quarter of wages in the new base year that had been included in the individual's prior base year.
No benefit year will be established unless it is determined that the individual earned wages in "employment" in not less than six hundred eighty hours of the individual's base year: PROVIDED, HOWEVER, That a benefit year cannot be established if the base year wages include wages earned prior to the establishment of a prior benefit year unless the individual worked and earned wages since the last separation from employment immediately before the application for initial determination in the previous benefit year if the applicant was an unemployed individual at the time of application, or since the initial separation in the previous benefit year if the applicant was not an unemployed individual at the time of filing an application for initial determination for the previous benefit year, of not less than six times the weekly benefit amount computed for the individual's new benefit year.
If an individual's prior benefit year was based on the last four completed calendar quarters, a new benefit year shall not be established until the new base year does not include any hours used in the establishment of the prior benefit year.
If the wages of an individual are not based upon a fixed duration of time or if the individual's wages are paid at irregular intervals or in such manner as not to extend regularly over the period of employment, the wages for any week shall be determined in such manner as the commissioner may by regulation prescribe. Such regulation shall, so far as possible, secure results reasonably similar to those which would prevail if the individual were paid his or her wages at regular intervals.
[ 1991 c 117 s 1; 1990 c 245 s 1. Prior: 1987 c 278 s 2; 1987 c 256 s 1; 1977 ex.s. c 33 s 1; 1973 c 73 s 1; 1970 ex.s. c 2 s 2; 1949 c 214 s 1; 1945 c 35 s 4; Rem. Supp. 1949 s 9998-143; prior: 1943 c 127 s 13; 1939 c 214 s 19; 1937 c 162 s 19.]
Notes:
Conflict with federal requirements—1991 c 117: "If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [ 1991 c 117 s 5.]
Severability—1991 c 117: "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." [ 1991 c 117 s 6.]
Effective dates—1991 c 117: "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 sections 1 and 4 [of this act] shall take effect July 1, 1991, and section 3 [of this act] shall take effect July 7, 1991, for new claims filed on or after July 7, 1991." [ 1991 c 117 s 7.]
Conflict with federal requirements—1990 c 245: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [ 1990 c 245 s 11.]
Effective dates—1990 c 245: "(1) Section 1 of 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 shall take effect immediately [March 28, 1990].
(2) Sections 2, 3, and 6 through 9 of this act shall take effect on July 1, 1990." [ 1990 c 245 s 12.]
Effective dates—Construction—1977 ex.s. c 33: "The provisions of this 1977 amendatory act are necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions and shall take effect ninety days after adjournment sine die of the 1977 Extraordinary Session (forty-fifth legislature) of the Washington State Legislature: PROVIDED, That the first paragraph of section 1 of this 1977 amendatory act shall take effect immediately and the remaining portion of section 1 of this 1977 amendatory act and all of section 2 of this 1977 amendatory act shall take effect commencing with benefit years beginning on and after October 1, 1978; section 7 of this 1977 amendatory act shall take effect commencing with benefit years beginning on and after July 3, 1977." [ 1977 ex.s. c 33 s 11.]
Effective dates—1973 c 73: "Sections 7, 8, 10, 11, and 12 of this 1973 amendatory act are necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 8, 1973]. Sections 1, 2, 3, 4, 5, 6, and 9 of this 1973 amendatory act shall take effect on July 1, 1973." [ 1973 c 73 s 13.]
Effective date—1970 ex.s. c 2: See note following RCW 50.04.020.

catchline: Benefit year.


title: RCW 50.04.040

text:
"Benefits" means the compensation payable to an individual, as provided in this title, with respect to his or her unemployment.
[ 2010 c 8 s 13002; 1945 c 35 s 5; Rem. Supp. 1945 s 9998-144. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 219 s 19; 1937 c 162 s 19.]

catchline: Benefits.


title: RCW 50.04.050

text:
"Calendar quarter" means the period of three consecutive calendar months ending on March 31st, June 30th, September 30th, or December 31st.
[ 1945 c 35 s 6; Rem. Supp. 1945 s 9998-145. Prior: 1943 c 127 s 13; 1939 c 214 s 19; 1937 c 162 s 19.]

catchline: Calendar quarter.


title: RCW 50.04.060

text:
"Commissioner" means the administrative head of the state employment security department referred to in this title.
[ 1947 c 215 s 1; 1945 c 35 s 7; Rem. Supp. 1947 s 9998-146. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 19; 1937 c 162 s 19.]

catchline: Commissioner.


title: RCW 50.04.065

text:
(1) For purposes of this title, "common paymaster" or "common pay agent" means an independent third party who contracts with, and represents, two or more employers, and who files a combined tax report for those employers.
(2) Common paymaster combined tax reporting is prohibited. "Common paymaster" does not meet the definition of a joint account under RCW 50.24.170.
(3) A common pay agent or common paymaster is not an employer as defined in RCW 50.04.080 or an employing unit as defined in RCW 50.04.090.
[ 2007 c 146 s 16.]
Notes:
Conflict with federal requirements—Severability—2007 c 146: See notes following RCW 50.04.080.

catchline: Common paymaster or pay agent.


title: RCW 50.04.070

text:
"Contributions" means the money payments due to the state unemployment compensation fund as provided in RCW 50.24.010 or to the special account in the administrative contingency fund under RCW 50.24.014.
[ 2012 c 198 s 9; 1985 ex.s. c 5 s 4; 1983 1st ex.s. c 13 s 9; 1971 c 3 s 1; 1951 c 215 s 1; 1945 c 35 s 8; Rem. Supp. 1945 s 9998-147. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 19; 1937 c 162 s 19.]
Notes:
Effective date—2012 c 198: See note following RCW 70A.15.5110.
Conflict with federal requirements—Severability—1985 ex.s. c 5: See notes following RCW 50.62.010.
Conflict with federal requirements—1983 1st ex.s. c 13: See note following RCW 50.16.010.
Construction—Compliance with federal act—1971 c 3: See RCW 50.44.080.

catchline: Contributions.


title: RCW 50.04.072

text:
The terms "contributions" and "payments in lieu of contributions" used in this title, whether singular or plural, designate the money payments to be made to the state unemployment compensation fund or to the special account in the administrative contingency fund under RCW 50.24.014 and are deemed to be taxes due to the state of Washington.
[ 2012 c 198 s 10; 1985 ex.s. c 5 s 5; 1983 1st ex.s. c 13 s 10; 1971 c 3 s 3; 1959 c 266 s 8.]
Notes:
Effective date—2012 c 198: See note following RCW 70A.15.5110.
Conflict with federal requirements—Severability—1985 ex.s. c 5: See notes following RCW 50.62.010.
Conflict with federal requirements—1983 1st ex.s. c 13: See note following RCW 50.16.010.
Construction—Compliance with federal act—1971 c 3: See RCW 50.44.080.
Construction—1959 c 266: "The provisions of section 8 of this amendatory act shall be construed as a restatement and continuation of existing law, and not as a new enactment. It shall not be construed as affecting any existing right acquired under its provisions nor as affecting any proceeding instituted thereunder." [ 1959 c 266 s 9.]

catchline: Contributions—"Contributions" and "payments in lieu of contributions" as money payments and taxes due state.


title: RCW 50.04.073

text:
The term "contributions" as used in this title shall be deemed to include "payments in lieu of contributions" to the extent that such usage is consistent with the purposes of this title. Such construction shall include but not be limited to those portions of this title dealing with assessments, interest, penalties, liens, collection procedures and remedies, administrative and judicial review, and the imposition of administrative, civil and criminal sanctions.
[ 1983 1st ex.s. c 23 s 1; 1971 c 3 s 4.]
Notes:
Conflict with federal requirements—1983 1st ex.s. c 23: "If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [ 1983 1st ex.s. c 23 s 26.]
Effective dates—Construction—1983 1st ex.s. c 23: "(1) Sections 6, 8, 17, 18, 19, and 25 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing institutions, and shall take effect as follows:
(a) Sections 17, 18, 19, and 25 of this act shall take effect on June 30, 1983;
(b) Sections 6 and 8 of this act shall take effect on July 3, 1983, and shall be effective for benefit years commencing on or after that date.
(2) Sections 4 and 13 of this act shall take effect on October 1, 1983. Sections 7, 11, and 12 of this act shall also take effect on October 1, 1983, and shall be effective for all weeks of benefits paid on or after that date." [ 1983 1st ex.s. c 23 s 27.]
Construction—Compliance with federal act—1971 c 3: See RCW 50.44.080.

catchline: Contributions—As including "payments in lieu of contributions"—Scope.


title: RCW 50.04.074

text:
"Department" means the employment security department, unless the context clearly indicates otherwise.
[ 2021 c 2 s 4.]
Notes:
Intent—Conflict with federal requirements—Effective date—2021 c 2: See notes following RCW 50.04.323.

catchline: Department.


title: RCW 50.04.075

text:
(1) With respect to claims with an effective date prior to July 1, 2012, "dislocated worker" means any individual who:
(a) Has been terminated or received a notice of termination from employment;
(b) Is eligible for or has exhausted entitlement to unemployment compensation benefits; and
(c) Is unlikely to return to employment in the individual's principal occupation or previous industry because of a diminishing demand for their skills in that occupation or industry.
(2) With respect to claims with an effective date on or after July 1, 2012, "dislocated worker" means any individual who:
(a) Has been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment, has separated from a declining occupation, has separated from employment as a result of chapter 179, Laws of 2018, or has separated from employment as a result of the denial of commercial finfish net pen aquaculture lease renewal applications or the issuance of order number 202211 by the commissioner of public lands on November 17, 2022; and
(b) Is eligible for or has exhausted entitlement to unemployment compensation benefits.
[ 2023 c 156 s 1; 2018 c 179 s 11; 2011 c 4 s 12; 1984 c 181 s 1.]
Notes:
Contingent effective date—2011 c 4 ss 7-15: See note following RCW 50.20.099.
Conflict with federal requirements—2011 c 4: See note following RCW 50.29.021.
Dislocated worker's eligibility for benefits: RCW 50.20.043.

catchline: Dislocated worker.


title: RCW 50.04.080

text:
"Employer" means any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company, limited liability company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or the legal representative of a deceased person, having any person in employment or, having become an employer, has not ceased to be an employer as provided in this title.
[ 2013 c 250 s 3; 2007 c 146 s 19; 1985 c 41 s 1; 1971 c 3 s 5; 1949 c 214 s 2; 1945 c 35 s 9; Rem. Supp. 1949 s 9998-148. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 19; 1937 c 162 s 19.]
Notes:
Conflict with federal requirements—Effective date—2013 c 250: See notes following RCW 50.12.070.
Conflict with federal requirements—2007 c 146: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this act. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [ 2007 c 146 s 21.]
Severability—2007 c 146: "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." [ 2007 c 146 s 22.]
Conflict with federal requirements—1985 c 41: "If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [ 1985 c 41 s 2.]
Severability—1985 c 41: "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." [ 1985 c 41 s 3.]
Construction—Compliance with federal act—1971 c 3: See RCW 50.44.080.

catchline: Employer.


title: RCW 50.04.090

text:
"Employing unit" means any individual or any type of organization, including any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, which has or subsequent to January 1, 1937, had in its employ or in its "employment" one or more individuals performing services within this state. The state and its political subdivisions shall be deemed employing units as to any transactions occurring on or after September 21, 1977, which would render an employing unit liable for contributions, interest, or penalties under RCW 50.24.130. "Employing unit" includes Indian tribes as defined in RCW 50.50.010.
[ 2013 c 250 s 4; 2007 c 146 s 20; 2001 1st sp.s. c 11 s 1; 1983 1st ex.s. c 23 s 2; 1977 ex.s. c 73 s 1; 1947 c 215 s 2; 1945 c 35 s 10; Rem. Supp. 1947 s 9998-149. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 19; 1937 c 162 s 19.]
Notes:
Conflict with federal requirements—Effective date—2013 c 250: See notes following RCW 50.12.070.
Conflict with federal requirements—Severability—2007 c 146: See notes following RCW 50.04.080.
Conflict with federal requirements—Severability—Effective date—Retroactive application—2001 1st sp.s. c 11: See RCW 50.50.900 through 50.50.903.
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.

catchline: Employing unit.


title: RCW 50.04.100

text:
"Employment," subject only to the other provisions of this title, means personal service, of whatever nature, unlimited by any employment relationship as known to the common law or any other legal relationship, including service in interstate commerce, performed for wages or under any contract calling for the performance of personal services, written or oral, express or implied.
Except as provided by RCW 50.04.145, personal services performed for an employing unit by one or more contractors or subcontractors acting individually or as a partnership, which do not meet the provisions of RCW 50.04.140, shall be considered employment of the employing unit: PROVIDED, HOWEVER, That such contractor or subcontractor shall be an employer under the provisions of this title in respect to personal services performed by individuals for such contractor or subcontractor.
[ 2023 c 25 s 1; 1982 1st ex.s. c 18 s 14; 1945 c 35 s 11; Rem. Supp. 1945 s 9998-150. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 19; 1937 c 162 s 19.]
Notes:
Intent—2023 c 25: "In enacting this act, the legislature only intends to amend the Revised Code of Washington to use inclusive language. The legislature does not intend to either increase or reduce the scope of the definitions of "employment" contained in Title 50 or 50A RCW." [ 2023 c 25 s 3.]
Severability—Conflict with federal requirements—1982 1st ex.s. c 18: See notes following RCW 50.12.200.

catchline: Employment.


title: RCW 50.04.110

text:
The term "employment" shall include an individual's entire service performed within or without or both within and without this state, if
(1) The service is localized in this state; or
(2) The service is not localized in any state, but some of the service is performed in this state, and
(a) the base of operations, or if there is no base of operations, then the place from which such service is directed or controlled is in this state; or
(b) the base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this state; or
(3) The service is performed within the United States, the Virgin Islands or Canada, if
(a) such service is not covered under the unemployment compensation law of any other state, the Virgin Islands or Canada, and
(b) the place from which the service is directed or controlled is in this state.
[ 1971 c 3 s 6; 1945 c 35 s 12; Rem. Supp. 1945 s 9998-151. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 19; 1937 c 162 s 19.]
Notes:
Construction—Compliance with federal act—1971 c 3: See RCW 50.44.080.

catchline: Employment—Situs of service.


title: RCW 50.04.115

text:
Services not covered under RCW 50.04.110 or 50.04.116 which are performed entirely without this state, with respect to no part of which contributions, interest, or penalties are required and paid under an unemployment compensation law of any other state or of the federal government, shall be deemed to be employment subject to this title if the individual performing such services is a resident of this state and the commissioner approves the election of the employing unit for whom such services are performed that the entire service of such individual shall be deemed to be employment subject to this title.
[ 1983 1st ex.s. c 23 s 3; 1971 c 3 s 8; 1945 c 35 s 13; Rem. Supp. 1945 s 9998-152. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1937 c 162 s 19. Formerly RCW 50.04.130.]
Notes:
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Construction—Compliance with federal act—1971 c 3: See RCW 50.44.080.


title: RCW 50.04.116

text:
The term "employment" shall include the service of an individual who is a citizen of the United States, performed outside the United States (except in Canada, and in the case of the Virgin Islands after December 31, 1971 and prior to January 1 of the year following the year in which the United States secretary of labor approves the unemployment compensation law of the Virgin Islands under section 3304(a) of the Internal Revenue Code of 1954) in the employ of an American employer (other than service which is deemed "employment" under the provisions of RCW 50.04.110 or 50.04.120 or the parallel provisions of another state's law), if:
(1) The employer's principal place of business in the United States is located in this state; or
(2) The employer has no place of business in the United States but:
(a) The employer is an individual who is a resident of this state; or
(b) The employer is a corporation which is organized under the laws of this state; or
(c) The employer is a partnership or a trust and the number of the partners or trustees who are residents of this state is greater than the number who are residents of any one other state; or
(3) None of the criteria in subsections (1) and (2) of this section is met but the employer has elected coverage in this state, or the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service, under the laws of this state.
(4) An "American employer", for the purposes of this section, means a person who is:
(a) An individual who is a resident of the United States; or
(b) A partnership if two-thirds or more of the partners are residents of the United States; or
(c) A trust, if all of the trustees are residents of the United States; or
(d) A corporation organized under the laws of the United States or of any state.
[ 1977 ex.s. c 292 s 1; 1971 c 3 s 7.]
Notes:
Effective dates—1977 ex.s. c 292: "This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately: PROVIDED, That sections 6, 12, 14, 15, 16, and 18 of this 1977 amendatory act shall take effect on January 1, 1978." [ 1977 ex.s. c 292 s 28.]
Construction—Compliance with federal act—1971 c 3: See RCW 50.44.080.

catchline: Employment—Out-of-state service, when included—"American employer" defined.


title: RCW 50.04.120

text:
Service shall be deemed to be localized within a state, if
(1) the service is performed entirely within the state; or
(2) the service is performed both within and without the state, but the service performed without the state is incidental to the individual's service within the state; for example, is temporary or transitory in nature or consists of isolated transactions.
[ 1945 c 35 s 14; Rem. Supp. 1945 s 9998-153. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 16; 1937 c 162 s 19.]

catchline: Employment—Localized service.


title: RCW 50.04.125

text:
The services of employees of a foreign degree-granting institution who are nonimmigrant aliens under the immigration laws of the United States, shall, for the purposes of RCW 50.04.120, be considered to be localized or principally localized, in the country of domicile of the foreign degree-granting institution as defined in RCW 28B.90.010 in those instances where the income of those employees would be exempt from taxation by virtue of the terms and provisions of any treaty between the United States and the country of domicile of the foreign degree-granting institution. However, a foreign degree-granting institution is not precluded from otherwise establishing that a nonimmigrant employee's services are, for the purpose of such statutes, principally located in its country of domicile.
[ 1993 c 181 s 8.]

catchline: Employment—Foreign degree-granting institutions—Employee services localized in country of domicile.


title: RCW 50.04.140

text:
Services performed by an individual for remuneration shall be deemed to be employment subject to this title unless and until it is shown to the satisfaction of the commissioner that:
(1)(a) Such individual has been and will continue to be free from control or direction over the performance of such service, both under his or her contract of service and in fact; and
(b) Such service is either outside the usual course of business for which such service is performed, or that such service is performed outside of all the places of business of the enterprises for which such service is performed; and
(c) Such individual is customarily engaged in an independently established trade, occupation, profession, or business, of the same nature as that involved in the contract of service.
(2) Or as a separate alternative, it shall not constitute employment subject to this title if it is shown that:
(a) Such individual has been and will continue to be free from control or direction over the performance of such service, both under his or her contract of service and in fact; and
(b) Such service is either outside the usual course of business for which such service is performed, or that such service is performed outside of all the places of business of the enterprises for which such service is performed, or the individual is responsible, both under the contract and in fact, for the costs of the principal place of business from which the service is performed; and
(c) Such individual is customarily engaged in an independently established trade, occupation, profession, or business, of the same nature as that involved in the contract of service, or such individual has a principal place of business for the work the individual is conducting that is eligible for a business deduction for federal income tax purposes; and
(d) On the effective date of the contract of service, such individual is responsible for filing at the next applicable filing period, both under the contract of service and in fact, a schedule of expenses with the internal revenue service for the type of business the individual is conducting; and
(e) On the effective date of the contract of service, or within a reasonable period after the effective date of the contract, such individual has established an account with the department of revenue, and other state agencies as required by the particular case, for the business the individual is conducting for the payment of all state taxes normally paid by employers and businesses and has registered for and received a unified business identifier number from the state of Washington; and
(f) On the effective date of the contract of service, such individual is maintaining a separate set of books or records that reflect all items of income and expenses of the business which the individual is conducting.
[ 1991 c 246 s 6; 1945 c 35 s 15; Rem. Supp. 1945 s 9998-154. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 16; 1937 c 162 s 19.]
Notes:
Effective date—Conflict with federal requirements—1991 c 246: See notes following RCW 51.08.195.

catchline: Employment—Exception tests.


title: RCW 50.04.145

text:
The term "employment" shall not include services which require registration under chapter 18.27 RCW or licensing under chapter 19.28 RCW rendered by an individual when:
(1) The individual has been and will continue to be free from control or direction over the performance of the service, both under the contract of service and in fact;
(2) The service is either outside the usual course of business for which the service is performed, or the service is performed outside of all the places of business of the enterprise for which the service is performed, or the individual is responsible, both under the contract and in fact, for the costs of the principal place of business from which the service is performed;
(3) The individual is customarily engaged in an independently established trade, occupation, profession, or business, of the same nature as that involved in the contract of service, or the individual has a principal place of business for the business the individual is conducting that is eligible for a business deduction for federal income tax purposes, other than that furnished by the employer for which the business has contracted to furnish services;
(4) On the effective date of the contract of service, the individual is responsible for filing at the next applicable filing period, both under the contract of service and in fact, a schedule of expenses with the internal revenue service for the type of business the individual is conducting;
(5) On the effective date of the contract of service, or within a reasonable period after the effective date of the contract, the individual has an active and valid certificate of registration with the department of revenue, and an active and valid account with any other state agencies as required by the particular case, for the business the individual is conducting for the payment of all state taxes normally paid by employers and businesses and has registered for and received a unified business identifier number from the state of Washington;
(6) On the effective date of the contract of service, the individual is maintaining a separate set of books or records that reflect all items of income and expenses of the business that the individual is conducting; and
(7) On the effective date of the contract of service, the individual has a valid contractor registration pursuant to chapter 18.27 RCW or an electrical contractor license pursuant to chapter 19.28 RCW.
[ 2008 c 102 s 1; 1983 1st ex.s. c 23 s 25; 1982 1st ex.s. c 18 s 13.]
Notes:
Conflict with federal requirements—Severability—2008 c 102: See notes following RCW 51.08.070.
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Severability—Conflict with federal requirements—1982 1st ex.s. c 18: See notes following RCW 50.12.200.

catchline: Employment—Exclusions.


title: RCW 50.04.148

text:
(1) The term "employment" shall not include services performed by a musician or entertainer under a written contract with a purchaser of the services for a specific engagement or engagements when such musician or entertainer performs no other duties for the purchaser and is not regularly and continuously employed by the purchaser. The contract shall designate the leader of the music or entertainment group. A music or entertainment business or a leader of a music or entertainment group shall be considered an employer and not a purchaser of music or entertainment services.
(2) Any musician or entertainer who performs for a music or entertainment business or as a member of a music or entertainment group is deemed an employee of the business or group and the business or the leader of the group shall be required to register as an employer with the department.
(3) Purchasers of services under subsection (1) of this section shall not be subject to RCW 50.24.130 relating to a principal's liability for unpaid contributions if the services are purchased from a business or group registered as an employer with the department.
(4) The term "music or entertainment business" or "group" as used in this section means an employer whose principal business activity is music or entertainment. The term does not include those entities who provide music or entertainment for members or patrons incidental to their principal business activity, and does not include an individual employing musicians or entertainers on a casual basis.
[ 1985 c 47 s 1.]
Notes:
Effective date—1985 c 47: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions and shall take effect July 1, 1985." [ 1985 c 47 s 2.]

catchline: Employment—Services performed by musician or entertainer.


title: RCW 50.04.150

text:
Except as otherwise provided in RCW 50.04.155, the term "employment" shall not include service performed in agricultural labor by individuals who are enrolled as students and regularly attending classes, or are between two successive academic years or terms, at an elementary school, a secondary school, or an institution of higher education as defined in RCW 50.44.037 and in the case of corporate farms not covered under RCW 50.04.155, the provisions regarding family employment in RCW 50.04.180 shall apply.
Agricultural labor is defined as services performed:
(1) On a farm, in the employ of any person, in connection with the cultivation of the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wild life, or in the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment; or
(2) In packing, packaging, grading, storing, or delivering to storage, or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; but only if such service is performed as an incident to ordinary farming operations. The exclusions from the term "employment" provided in this paragraph shall not be deemed to be applicable with respect to commercial packing houses, commercial storage establishments, commercial canning, commercial freezing, or any other commercial processing or with respect to services performed in connection with the cultivation, raising, harvesting and processing of oysters or raising and harvesting of mushrooms or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.
[ 1989 c 380 s 78; 1977 ex.s. c 292 s 2; 1957 c 264 s 1; 1947 c 215 s 3; 1945 c 35 s 16; Rem. Supp. 1945 s 9998-155. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 16; 1937 c 162 s 19.]
Notes:
Effective date—1989 c 380 ss 78-81: "Sections 78 through 81 of this act shall take effect on January 1, 1990." [ 1989 c 380 s 91.]
Conflict with federal requirements—1989 c 380: "If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [ 1989 c 380 s 89.]
Effective dates—1977 ex.s. c 292: See note following RCW 50.04.116.

catchline: Employment—Agricultural labor.


title: RCW 50.04.152

text:
(1) Except for services subject to RCW 50.44.010, 50.44.020, 50.44.030, or 50.50.010, the term "employment" does not include service performed in agricultural labor by a farm intern providing his or her services under a farm internship program as established in RCW 49.12.471.
(2) For purposes of this section, "agricultural labor" means:
(a) Services performed on a farm, in the employ of any person, in connection with the cultivation of the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wildlife, or in the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment;
(b) Services performed in packing, packaging, grading, storing, or delivering to storage, or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; but only if such service is performed as an incident to ordinary farming operations. The exclusions from the term "employment" provided in this subsection (2)(b) are not applicable with respect to commercial packing houses, commercial storage establishments, commercial canning, commercial freezing, or any other commercial processing or with respect to services performed in connection with the cultivation, raising, harvesting, and processing of oysters or raising and harvesting of mushrooms; or
(c) Direct local sales of any agricultural or horticultural commodity after its delivery to a terminal market for distribution or consumption.
[ 2023 c 269 s 4; 2020 c 212 s 2.]
Notes:
Findings—Effective date—2023 c 269: See notes following RCW 49.12.471.
Effective date—2020 c 212: See note following RCW 49.12.471.

catchline: Employment—Farm internship program.


title: RCW 50.04.155

text:
(1) Service performed in agricultural labor on and after January 1, 1978, for a farm operator or crew leader will be deemed services in employment if the farm operator or crew leader:
(a) Paid twenty thousand dollars or more as remuneration to individuals employed in agricultural labor during any calendar quarter in the current or preceding calendar year; or
(b) Employed ten or more individuals in agricultural labor for some portion of the day in each of twenty different calendar weeks in either the current or preceding calendar year regardless of whether they were employed at the same moment of time or whether or not the weeks were consecutive.
(2) A farm operator is the owner or tenant of the farmlands who stands to gain or lose economically from the operations of the farm. Employment will be considered employment by the farm operator unless it is established to the satisfaction of the commissioner that the services were performed in the employ of a crew leader. The risk of nonpersuasion is upon the farm operator. The operator will nonetheless be liable for contributions under RCW 50.24.130 even though services performed on the operator's farmlands would not be sufficient to bring the services under the term employment if services performed on the operator's land in the employ of a crew leader would be covered and the crew leader has failed to pay contributions on the services. For the purposes of the preceding sentence and RCW 50.24.130, all moneys paid or payable to the crew leader by the farm operator shall be deemed paid for services unless there is a written contract clearly specifying the amounts of money to be attributed to items other than services of the crew leader or the crew leader's employees.
(3) For the purposes of this section, a crew leader is a person who furnishes individuals to perform services in agricultural labor for the benefit of any other person, who pays for the services performed in agricultural labor (either on his or her own behalf or on behalf of the other person), and who has not made a written agreement making himself or herself an employee of the other person: PROVIDED, That no person shall be deemed a crew leader unless he or she is established independently of the person for whom the services are performed and either has a valid certificate of registration under the farm labor contractor registration act of 1963 or substantially all the members of his or her crew operate or maintain tractors, mechanized harvesting or crop dusting equipment, or any other mechanized equipment which is provided by the crew leader.
[ 1977 ex.s. c 292 s 3.]
Notes:
Effective dates—1977 ex.s. c 292: See note following RCW 50.04.116.

catchline: Service performed in agricultural labor for farm operator or crew leader.


title: RCW 50.04.160

text:
Services performed in domestic service in a private home, local college club, or local chapter of a college fraternity or sorority shall not be considered services in employment unless the services are performed after December 31, 1977, for a person who paid remuneration of one thousand dollars or more to individuals employed in this domestic service in any calendar quarter in the current or the preceding calendar year. The terms local college club and local chapter of a college fraternity or sorority shall not be deemed to include alumni clubs or chapters.
[ 1977 ex.s. c 292 s 4; 1947 c 215 s 4; 1945 c 35 s 17; Rem. Supp. 1947 s 9998-156. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 16; 1937 c 162 s 19.]
Notes:
Effective dates—1977 ex.s. c 292: See note following RCW 50.04.116.

catchline: Employment—Domestic service.


title: RCW 50.04.165

text:
Services performed by a person appointed as an officer of a corporation under RCW 23B.08.400, other than those covered by chapters 50.44 and 50.50 RCW, shall not be considered services in employment. However, a corporation may elect to cover not less than all of its corporate officers under RCW 50.24.160. If an employer does not elect to cover its corporate officers under RCW 50.24.160, the employer must notify its corporate officers in writing that they are ineligible for unemployment benefits. However, if the employer fails to provide notice, the individual's status as a corporate officer is unchanged and the person remains ineligible for unemployment benefits.
[ 2013 c 250 s 2; 2007 c 146 s 4; 1993 c 290 s 2; 1993 c 58 s 1; 1991 c 72 s 57; 1986 c 110 s 1; 1983 1st ex.s. c 23 s 4; 1981 c 35 s 13.]
Notes:
Conflict with federal requirements—Effective date—2013 c 250: See notes following RCW 50.12.070.
Effective date—2007 c 146 s 4: "Section 4 of this act takes effect January 1, 2009." [ 2007 c 146 s 24.]
Conflict with federal requirements—Severability—2007 c 146: See notes following RCW 50.04.080.
Conflict with federal requirements—1993 c 58: "If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [ 1993 c 58 s 4.]
Severability—1993 c 58: "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." [ 1993 c 58 s 5.]
Effective date—1993 c 58: "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 shall take effect March 6, 1993." [ 1993 c 58 s 6.] 1993 c 58 was signed by the governor on April 19, 1993.
Conflict with federal requirements—1986 c 110: "If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [ 1986 c 110 s 2.]
Severability—1986 c 110: "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." [ 1986 c 110 s 3.]
Effective date—1986 c 110: "This act shall take effect July 1, 1986." [ 1986 c 110 s 4.]
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.
Severability—1981 c 35: See note following RCW 50.22.030.

catchline: Employment—Corporate officers—Election of coverage—Notification.


title: RCW 50.04.170

text:
(1)(a) Except for services subject to RCW 50.44.010, 50.44.020, 50.44.030, or 50.50.010, the term "employment" includes an individual's entire service as an officer or member of a crew of an American vessel wherever performed and whether in intrastate or interstate or foreign commerce, if the employer maintains within this state at the beginning of the pay period an operating office from which the operations of the vessel are ordinarily and regularly supervised, managed, directed, and controlled.
(b) The term "employment" does not include:
(i) Services performed by an individual on a boat engaged in catching fish or other forms of aquatic animal life under an arrangement with the owner or operator of the boat under which:
(A) The individual does not receive any cash remuneration except as provided in (b)(i)(B) and (C) of this subsection;
(B) The individual receives a share of the boat's, or the boats' in the case of a fishing operation involving more than one boat, catch of fish or other forms of aquatic animal life or a share of the proceeds from the sale of the catch; and
(C) The amount of the individual's share depends on the amount of the boat's, or the boats' in the case of a fishing operation involving more than one boat, catch of fish or other forms of aquatic animal life, but only if the operating crew of the boat, or each boat from which the individual receives a share in the case of a fishing operation involving more than one boat, is normally made up of fewer than ten individuals.
(ii) Services performed as an officer or member of the crew of a vessel not an American vessel and services on or in connection with an American vessel under a contract of service which is not entered into within the United States and during the performance of which the vessel does not touch at a port of the United States.
(2) For the purposes of this section, "American vessel" means any vessel documented or numbered under the laws of the United States, and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country if its crew is employed solely by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any state.
[ 2013 c 75 s 2; 1949 c 214 s 3; 1947 c 215 s 5; 1945 c 35 s 18; Rem. Supp. 1949 s 9998-157. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 16; 1937 c 162 s 19.]
Notes:
Conflict with federal requirements—2013 c 75: See note following RCW 50.24.160.

catchline: Employment—Maritime service—Exceptions.


title: RCW 50.04.180

text:
The term "employment" shall not include service performed by an individual in the employ of his or her spouse, nor shall it include service performed by an unmarried individual under the age of eighteen years in the employ of his or her parent or stepparent.
[ 1973 c 73 s 2; 1951 c 265 s 6; 1945 c 35 s 19; Rem. Supp. 1945 s 9998-158. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 16; 1937 c 162 s 19.]
Notes:
Effective dates—1973 c 73: See note following RCW 50.04.030.
Severability—1951 c 265: See note following RCW 50.98.070.

catchline: Family employment.


title: RCW 50.04.205

text:
Except as provided in RCW 50.04.206, services performed by aliens legally or illegally admitted to the United States shall be considered services in employment subject to the payment of contributions to the extent that services by citizens are covered.
[ 1990 c 245 s 2; 1977 ex.s. c 292 s 5.]
Notes:
Conflict with federal requirements—Effective dates—1990 c 245: See notes following RCW 50.04.030.
Effective dates—1977 ex.s. c 292: See note following RCW 50.04.116.

catchline: Services performed by aliens.


title: RCW 50.04.206

text:
The term "employment" shall not include service that is performed by a nonresident alien for the period he or she is temporarily present in the United States as a nonimmigrant under subparagraph (F), (H)(ii), (H)(iii), or (J) of section 101(a)(15) of the federal immigration and naturalization [nationality] act, as amended, and that is performed to carry out the purpose specified in the applicable subparagraph of the federal immigration and naturalization [nationality] act.
[ 2006 c 13 s 22. Prior: 2003 2nd sp.s. c 4 s 27; 1990 c 245 s 3.]
Notes:
Retroactive application—2006 c 13 ss 8-22: See note following RCW 50.04.293.
Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.
Conflict with federal requirements—Severability—Effective date—2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Conflict with federal requirements—Effective dates—1990 c 245: See notes following RCW 50.04.030.

catchline: Employment—Nonresident alien.


title: RCW 50.04.210

text:
The term "employment" shall not include service performed in the employ of any other state or its political subdivisions, or of the United States government, or of any instrumentality of any other state or states or their political subdivisions, or the United States; except that if the congress of the United States shall permit states to require any instrumentality of the United States to make payments into an unemployment fund under a state unemployment compensation act, then, to the extent permitted by congress, and from and after the date when such permission becomes effective all the provisions of this title shall be applicable to such instrumentalities and to services performed for such instrumentalities in the same manner, to the same extent and on the same terms as to all other employers, employing units, individuals and services: PROVIDED, That if this state should not be certified by the social security board under section 903 of the social security act, as amended, for any year, then the payment required of such instrumentalities with respect to such year shall be deemed to be erroneously collected and shall be refunded by the commissioner from the fund in accordance with the provisions of this title relating to adjustments and refunds of contributions, interest, or penalties which have been paid.
[ 1983 1st ex.s. c 23 s 5; 1945 c 35 s 22; Rem. Supp. 1945 s 9998-161. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 16; 1937 c 162 s 19.]
Notes:
Conflict with federal requirements—Effective dates—Construction—1983 1st ex.s. c 23: See notes following RCW 50.04.073.


title: RCW 50.04.220

text:
The term "employment" shall not include service with respect to which unemployment compensation is payable under an unemployment compensation system established by an act of congress: PROVIDED, That the commissioner is hereby authorized to enter into agreements with the proper agencies under such act of congress, which agreements shall become effective ten days after publication thereof in the manner provided in this title for publication of general rules, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this title, acquired right to unemployment compensation under such act of congress, or who have, after acquiring potential rights to unemployment compensation under such act of congress, acquired rights to benefits under this title.
[ 1945 c 35 s 23; Rem. Supp. 1945 s 9998-162. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 16; 1937 c 162 s 19.]

catchline: Employment—Service covered by federal act.


title: RCW 50.04.223

text:
The term "employment" does not include services performed by a massage therapist licensed under chapter 18.108 RCW in a massage business if the use of the business facilities is contingent upon compensation to the owner of the business facilities and the person receives no compensation from the owner for the services performed.
This exemption does not include services performed by a massage therapist for an employer under chapter 50.44 RCW.
[ 2016 c 41 s 26; 1994 c 3 s 2; 1993 c 167 s 1.]
Notes:
Effective date—2016 c 41: See note following RCW 18.108.010.
Conflict with federal requirements—Severability—Effective dates—1994 c 3: See notes following RCW 50.04.020.
Effective date—1993 c 167: "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 July 1, 1993." [ 1993 c 167 s 2.]

catchline: Employment—Massage therapist.


title: RCW 50.04.225

text:
The term "employment" does not include services performed in a barber shop or cosmetology shop by persons licensed under chapter 18.16 RCW if the person is a booth renter as defined in *RCW 18.16.020.
[ 1991 c 324 s 17; 1985 c 7 s 117; 1982 1st ex.s. c 18 s 20.]
Notes:
*Reviser's note: RCW 18.16.020 was amended by 2002 c 111 s 2, deleting the definition of "booth renter."
Severability—Conflict with federal requirements—1982 1st ex.s. c 18: See notes following RCW 50.12.200.

catchline: Employment—Barber and cosmetology services.


title: RCW 50.04.230

text:
The term "employment" shall not include service performed by an insurance agent, insurance broker, or insurance solicitor or a real estate broker or a real estate salesperson to the extent he or she is compensated by commission and service performed by an investment company agent or solicitor to the extent he or she is compensated by commission. The term "investment company", as used in this section is to be construed as meaning an investment company as defined in the act of congress entitled "Investment Company Act of 1940."
[ 2010 c 8 s 13003; 1991 c 246 s 7; 1947 c 5 s 24; 1945 c 35 s 24; Rem. Supp. 1947 s 9998-162a.]
Notes:
Effective date—Conflict with federal requirements—1991 c 246: See notes following RCW 51.08.195.

catchline: Employment—Services of insurance agent, broker, or solicitor, real estate broker or real estate salesperson, and investment company agent or solicitor.


title: RCW 50.04.232

text:
The term "employment" shall not include service performed by an outside agent who sells or arranges for travel services that are provided to a travel agent as defined and registered under RCW 19.138.021, to the extent the outside agent is compensated by commission.
[ 1995 c 242 s 1.]
Notes:
Conflict with federal requirements—1995 c 242: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [ 1995 c 242 s 2.]

catchline: Employment—Travel services.


title: RCW 50.04.235

text:
The term "employment" shall not include services as an outside salesperson of merchandise paid solely by way of commission; and such services must have been performed outside of all the places of business of the enterprises for which such services are performed only.
[ 2010 c 8 s 13004; 1957 c 181 s 1.]

catchline: Employment—Outside salesperson paid by commission.


title: RCW 50.04.240

text:
The term "employment" shall not include services performed by a newspaper vendor, carrier, or delivery person selling or distributing newspapers on the street, to offices, to businesses, or from house to house and any freelance news correspondent or "stringer" who, using his or her own equipment, chooses to submit material for publication for free or a fee when such material is published.
[ 2013 c 141 s 2; 2007 c 218 s 85; 1945 c 35 s 25; Rem. Supp. 1945 s 9998-163. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 16; 1937 c 162 s 19.]
Notes:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.

catchline: Employment—Newspaper vendor, carrier, or delivery person.


title: RCW 50.04.245

text:
(1) Subject to the other provisions of this title, personal services performed for, or for the benefit of, a third party pursuant to a contract with a temporary staffing services company or services referral agency constitutes employment for the temporary staffing services company or services referral agency when the agency is responsible, under contract or in fact, for the payment of wages in remuneration for the services performed.
(2) The temporary staffing services company or services referral agency is considered the employer as defined in RCW 50.04.080.
(3) Services performed by amateur sports officials, on a contest-by-contest basis, for interscholastic and youth or adult recreational sports contests are not considered employment for a services referral agency if the agency is not responsible for payment to the amateur sports officials unless and until the agency is paid or reimbursed by a third party.
(4) For the purposes of this section:
(a) "Temporary staffing services company" means an individual or entity that engages in: Recruiting and hiring its own employees; finding other organizations that need the services of those employees; and assigning those employees on a temporary basis to perform work at or services for a client to support or supplement the client's workforces, or to provide assistance in special work situations, such as employee absences, skill shortages, and seasonal workloads, or to perform special assignments or projects, all under the direction and supervision of the client. "Temporary staffing services company" does not include professional employer organizations as defined in RCW 50.04.298, permanent employee leasing, or permanent employee placement services.
(b) "Services referral agency" means an individual or entity other than a professional employer organization as defined in RCW 50.04.298 that is engaged in the business of offering the services of one or more individuals to perform specific tasks for a third party.
(c) "Amateur sports official" means any person who serves as a neutral participant in any sports contest where the players are not compensated including, but not limited to, an umpire, referee, judge, linesperson, scorekeeper, timekeeper, or organizer.
[ 2011 c 264 s 1; 2007 c 146 s 14; 1995 c 120 s 1.]
Notes:
Conflict with federal requirements—Severability—2007 c 146: See notes following RCW 50.04.080.
Conflict with federal requirements—1995 c 120: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [ 1995 c 120 s 2.]

catchline: Employment—Services performed for temporary services agency, employee leasing agency, or services referral agency—Amateur sports officials—Definitions.


title: RCW 50.04.246

text:
Except for services subject to RCW 50.44.010, 50.44.020, 50.44.030, or 50.50.010, the term "employment" shall not include services performed by amateur sports officials, on a contest-by-contest basis, for interscholastic and youth or adult recreational sports contests. For purposes of this section, "amateur sports official" means any person who serves as a neutral participant in any sports contest where the players are not compensated , including but not limited to, an umpire, referee, judge, linesperson, scorekeeper, timekeeper, or organizer, and who is not otherwise employed by the sponsor of the sports contest.
[ 2011 c 264 s 2.]

catchline: Employment—Amateur sports officials.


title: RCW 50.04.248

text:
(1) Subject to the other provisions of this title, personal services performed for, or for the benefit of, an employer who utilizes a third-party payer constitutes employment for the employer. The third-party payer is not considered the employer as defined in RCW 50.04.080.
(2) For purposes of this section, "third-party payer" means an individual or entity that enters into an agreement with one or more employers to provide administrative, human resource, or payroll administration services, but does not provide an employment or coemployment relationship. Temporary staffing services companies, services referral agencies, professional employer organizations, and labor organizations are not third-party payers.
[ 2007 c 146 s 15.]
Notes:
Conflict with federal requirements—Severability—2007 c 146: See notes following RCW 50.04.080.

catchline: Employment—Third-party payer.


title: RCW 50.04.255

text:
The term "employment" does not include services performed by an appraisal practitioner certified or licensed under chapter 18.140 RCW in an appraisal business if the use of the business facilities is contingent upon compensation to the owner of the business facilities and the person receives no compensation from the owner for the services performed. This exemption does not include services performed by an appraisal practitioner certified or licensed under chapter 18.140 RCW for an employer under chapter 50.44 RCW.
[ 1996 c 182 s 14.]
Notes:
Effective dates—1996 c 182: See note following RCW 18.140.005.


title: RCW 50.04.265

text:
The term "employment" includes services performed in the employ of an Indian tribe as provided in RCW 50.50.010.
[ 2001 1st sp.s. c 11 s 2.]
Notes:
Conflict with federal requirements—Severability—Effective date—Retroactive application—2001 1st sp.s. c 11: See RCW 50.50.900 through 50.50.903.

catchline: Employment—Indian tribes.


title: RCW 50.04.270

text:
The term "employment" shall not include casual labor not in the course of the employer's trade or business (labor which does not promote or advance the trade or business of the employer). Temporary labor in the usual course of an employer's trade or business or domestic services as defined in RCW 50.04.160 shall not be deemed to be casual labor.
[ 1977 ex.s. c 292 s 7; 1945 c 35 s 28; Rem. Supp. 1945 s 9998-166. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 16; 1937 c 162 s 19.]
Notes:
Effective dates—1977 ex.s. c 292: See note following RCW 50.04.116.

catchline: Employment—Casual labor.


title: RCW 50.04.275

text:
The term "employment" shall not include services performed by a person who is participating in a performance sponsored by an employer whose North American industry classification system code is within "711110," "711120," "711130," or "712110," so long as the person receives no remuneration other than a nominal stipend and the employer does not have more than three individuals in its employ during any portion of a day during the calendar year.
For purposes of this section, "stipend" means a fixed sum of money paid periodically to defray expenses. The stipend is presumed to defray the person's incidental expenses involved in participating in the performance, including, but not limited to, meals, transportation, lodging, costumes, supplies, and child care.
[ 2007 c 366 s 1.]

catchline: Employment—Small performing arts.


title: RCW 50.04.280

text:
If the services performed during one-half or more of any pay period by an individual for an employing unit constitute employment, all of the services of such individual for such period shall be deemed to be employment, but if the services performed during more than one-half of any such pay period by an individual for an employing unit do not constitute employment, then none of the services of such individual on behalf of such employing unit for such period shall be deemed to be employment. As used in this paragraph, the term "pay period" means a period of not more than thirty-one consecutive days for which a payment of remuneration is ordinarily made to an individual by the employing unit.
[ 1945 c 35 s 29; Rem. Supp. 1945 s 9998-167. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 16; 1937 c 162 s 19.]

catchline: Employment—"Pay period" determination.


title: RCW 50.04.290

text:
"Employment office" means a free public employment office, or branch thereof, operated by this or any other state as a part of a state controlled system of public employment offices, or by a federal agency or any agency of a foreign government charged with the administration of an unemployment compensation program or free public employment offices. All claims for unemployment compensation benefits, registrations for employment, and all job or placement referrals received or made by any of the employment offices as above defined and pursuant to regulation of the commissioner subsequent to December 31, 1941, are hereby declared in all respects to be valid. The commissioner is authorized to make such investigation, secure and transmit such information, make available such services and facilities and exercise such of the other powers provided herein with respect to the administration of this title as he or she deems necessary or appropriate to facilitate the administration of any state or federal unemployment compensation or public employment service law and in like manner to accept and utilize information, services, and facilities made available to the state by the agency charged with the administration of any such unemployment compensation or public employment service law. Any such action taken by the commissioner subsequent to December 31, 1941, is hereby declared to be in all respects valid.
[ 2010 c 8 s 13005; 1945 c 35 s 30; Rem. Supp. 1945 s 9998-168. Prior: 1943 c 127 s 13; 1941 c 253 s 14.]

catchline: Employment office.