title: RCW 49.26.140

text:
(1) Unless specifically provided otherwise by statute, this chapter shall be implemented and enforced, including penalties, violations, citations, and other administrative procedures, pursuant to the Washington industrial safety and health act, chapter 49.17 RCW.
(2) A person or individual who previously has been assessed a civil penalty under this section, and who knowingly violates a provision of RCW 49.26.110 through 49.26.130 or a rule adopted pursuant to RCW 49.26.110 through 49.26.130 is guilty of a misdemeanor.
[ 1987 c 219 s 2; 1985 c 387 s 5.]


doc_type: statute

jurisdiction: wa

title: RCW 49.26.150

text:
Any employee who notifies the department of any activity the employee reasonably believes to be a violation of this chapter or any rule adopted under this chapter or who participates in any proceeding related thereto shall have the same rights and protections against discharge or discrimination as employees are afforded under chapter 49.17 RCW.
[ 1989 c 154 s 10. Prior: 1988 c 271 s 16.]
Notes:
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Discrimination against employee filing complaint prohibited.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 49.26.901

text:
Sections 15, as reenacted and amended in 1989, and 18, chapter 271, Laws of 1988, 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 as of March 24, 1988. Sections 6 through 8, 10 through 13, and 16, chapter 271, Laws of 1988, as reenacted or amended and reenacted in 1989, shall take effect as of January 1, 1989.
[ 1989 c 154 s 11. Prior: 1988 c 271 s 19.]
Notes:
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.

catchline: Effective dates—1988 c 271 ss 6-18.


title: RCW 49.28.010

text:
(1) Hereafter eight hours in any calendar day shall constitute a day's work on any work done for the state or any county or municipality within the state, subject to conditions hereinafter provided.
(2) All work done by contract or subcontract on any building or improvements or works on roads, bridges, streets, alleys, or buildings for the state or any county or municipality within the state, shall be done under the provisions of this section. In cases of extraordinary emergency such as danger to life or property, the hours for work may be extended, but in such case the rate of pay for time employed in excess of eight hours of each calendar day, shall be one and one-half times the rate of pay allowed for the same amount of time during eight hours' service. And for this purpose this section is made a part of all contracts, subcontracts, or agreements for work done for the state or any county or municipality within the state.
(3) Any contractor, subcontractor, or agent of contractor or subcontractor, foreman, or employer who violates this section is guilty of a misdemeanor and shall be fined a sum not less than twenty-five dollars nor more than two hundred dollars, or imprisoned in the county jail for a period of not less than ten days nor more than ninety days, or both such fine and imprisonment, at the discretion of the court.
[ 2003 c 53 s 274; 1899 c 101 s 1; RRS s 7642.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Eight hour day, 1899 act—Public works contracts—Emergency overtime—Penalty.


title: RCW 49.28.040

text:
That it is a part of the public policy of the state of Washington that all work "by contract or day labor done" for it, or any political subdivision created by its laws, shall be performed in workdays of not more than eight hours each, except in cases of extraordinary emergency. No case of extraordinary emergency shall be construed to exist in any case where other labor can be found to take the place of labor which has already been employed for eight hours in any calendar day.
[ 1903 c 44 s 1; RRS s 7645.]

catchline: Eight hour day, 1903 act—Policy enunciated.


title: RCW 49.28.050

text:
All contracts for work for the state of Washington, or any political subdivision created by its laws, shall provide that they may be canceled by the officers or agents authorized to contract for or supervise the execution of such work, in case such work is not performed in accordance with the policy of the state relating to such work.
[ 1903 c 44 s 2; RRS s 7646.]

catchline: Eight hour day, 1903 act—Contracts, cancellation of, for violations.


title: RCW 49.28.060

text:
It is made the duty of all officers or agents authorized to contract for work to be done in behalf of the state of Washington, or any political subdivision created under its laws, to stipulate in all contracts as provided for in RCW 49.28.040 through 49.28.060, and all such officers and agents, and all officers and agents entrusted with the supervision of work performed under such contracts, are authorized, and it is made their duty, to declare any contract canceled, the execution of which is not in accordance with the public policy of this state as herein declared.
[ 1903 c 44 s 3; RRS s 7647.]

catchline: Eight hour day, 1903 act—Stipulation in contracts—Duty of officers.


title: RCW 49.28.065

text:
Notwithstanding the provisions of RCW 49.28.010 through 49.28.060, a contractor or subcontractor in any public works contract subject to those provisions may enter into an agreement with his or her employees in which the employees work up to ten hours in a calendar day. No such agreement may provide that the employees work ten-hour days for more than four calendar days a week. Any such agreement is subject to approval by the employees. The overtime provisions of *RCW 49.28.020 shall not apply to the hours, up to forty hours per week, worked pursuant to agreements entered into under this section.
[ 1988 c 121 s 1.]
Notes:
*Reviser's note: RCW 49.28.020 was repealed by 2003 c 53 s 421, effective July 1, 2003.

catchline: Public works employees—Agreements to work ten hour day.


title: RCW 49.28.080

text:
(1) No male or female household or domestic employee shall be employed by any person for a longer period than sixty hours in any one week. Employed time shall include minutes or hours when the employee has to remain subject to the call of the employer and when the employee is not free to follow his or her inclinations.
(2) In cases of emergency such employee may be employed for a longer period than sixty hours.
(3) Any employer violating this section is guilty of a misdemeanor.
[ 2003 c 53 s 275; 1937 c 129 s 1; RRS s 7651-1. FORMER PARTS OF SECTION: (i) 1937 c 129 s 2; RRS s 7651-2, now codified as RCW 49.28.082. (ii) 1937 c 129 s 4; RRS s 7651-4, now codified as RCW 49.28.084.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—1937 c 129: "In the event any part of this act is held invalid such invalidity shall not affect the validity of the remainder of this act." [ 1937 c 129 s 3.] This applies to RCW 49.28.080 through 49.28.084.

catchline: Hours of domestic employees—Exception—Penalty.


title: RCW 49.28.100

text:
(1) It shall be unlawful for any employer to permit any of his or her employees to operate on docks, in warehouses and/or in or on other waterfront properties any power driven mechanical equipment for the purpose of loading cargo on, or unloading cargo from, ships, barges, or other watercraft, or of assisting in such loading or unloading operations, for a period in excess of twelve and one-half hours at any one time without giving such person an interval of eight hours' rest: PROVIDED, HOWEVER, The provisions of this section shall not be applicable in cases of emergency, including fire, violent storms, leaking or sinking ships or services required by the armed forces of the United States.
(2) Any person violating this section is guilty of a misdemeanor.
[ 2003 c 53 s 276; 1953 c 271 s 1.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Hours of operators of power equipment in waterfront operations—Penalty.


title: RCW 49.28.130

text:
The definitions in this section apply throughout this section and RCW 49.28.140 and 49.28.150 unless the context clearly requires otherwise.
(1)(a) "Employee" means a person who:
(i) Is employed by a health care facility;
(ii) Is involved in direct patient care activities or clinical services; and
(iii) Receives an hourly wage or is covered by a collective bargaining agreement.
(b) "Employee" does not mean a person who:
(i) Is employed by a health care facility as defined in subsection (3)(a)(v) of this section; and
(ii) Is a surgical technologist registered under chapter 18.215 RCW, a diagnostic radiologic technologist or cardiovascular invasive specialist certified under chapter 18.84 RCW, a respiratory care practitioner licensed under chapter 18.89 RCW, or a certified nursing assistant as defined in RCW 18.88A.020.
(2) "Employer" means an individual, partnership, association, corporation, the state, a political subdivision of the state, or person or group of persons, acting directly or indirectly in the interest of a health care facility.
(3)(a) "Health care facility" means the following facilities, or any part of the facility, including such facilities if owned and operated by a political subdivision or instrumentality of the state, that operate on a twenty-four hours per day, seven days per week basis:
(i) Hospices licensed under chapter 70.127 RCW;
(ii) Hospitals licensed under chapter 70.41 RCW, except that until July 1, 2021, the provisions of section 3, chapter 296, Laws of 2019 do not apply to:
(A) Hospitals certified as critical access hospitals under 42 U.S.C. Sec. 1395i-4;
(B) Hospitals with fewer than twenty-five acute care beds in operation; and
(C) Hospitals certified by the centers for medicare and medicaid services as sole community hospitals as of January 1, 2013, that: Have had less than one hundred fifty acute care licensed beds in fiscal year 2011; have a level III adult trauma service designation from the department of health as of January 1, 2014; and are owned and operated by the state or a political subdivision;
(iii) Rural health care facilities as defined in RCW 70.175.020;
(iv) *Psychiatric hospitals licensed under chapter 71.12 RCW; or
(v) Facilities owned and operated by the department of corrections or by a governing unit as defined in RCW 70.48.020 in a correctional institution as defined in RCW 9.94.049 that provide health care services.
(b) If a nursing home regulated under chapter 18.51 RCW or a home health agency regulated under chapter 70.127 RCW is operating under the license of a health care facility, the nursing home or home health agency is considered part of the health care facility for the purposes of this subsection.
(4) "Overtime" means the hours worked in excess of an agreed upon, predetermined, regularly scheduled shift within a 24-hour period not to exceed 12 hours in a 24-hour period or 80 hours in a consecutive 14-day period.
(5) "On-call time" means time spent by an employee who is not working on the premises of the place of employment but who is compensated for availability or who, as a condition of employment, has agreed to be available to return to the premises of the place of employment on short notice if the need arises.
(6) "Reasonable efforts" means that the employer, to the extent reasonably possible, does all of the following but is unable to obtain staffing coverage:
(a) Seeks individuals to volunteer to work extra time from all available qualified staff who are working;
(b) Contacts qualified employees who have made themselves available to work extra time;
(c) Seeks the use of per diem staff; and
(d) Seeks personnel from a contracted temporary agency when such staffing is permitted by law or an applicable collective bargaining agreement, and when the employer regularly uses a contracted temporary agency.
(7) "Unforeseeable emergent circumstance" means (a) any unforeseen declared national, state, or municipal emergency; (b) when a health care facility disaster plan is activated; or (c) any unforeseen disaster or other catastrophic event which substantially affects or increases the need for health care services.
[ 2024 c 354 s 1; 2019 c 296 s 2; 2011 c 251 s 1; 2002 c 112 s 2.]
Notes:
*Reviser's note: The term "psychiatric hospital" was changed to "behavioral health hospital" by 2024 c 121 s 19.
Effective date—2024 c 354: "This act takes effect January 1, 2025." [ 2024 c 354 s 3.]
Effective date—2019 c 296: See note following RCW 49.12.480.
Finding—2002 c 112: "Washington state is experiencing a critical shortage of qualified, competent health care workers. To safeguard the health, efficiency, and general well-being of health care workers and promote patient safety and quality of care, the legislature finds, as a matter of public policy, that required overtime work should be limited with reasonable safeguards in order to ensure that the public will continue to receive safe, quality care." [ 2002 c 112 s 1.]

catchline: Hours of health care facility employees—Definitions.


title: RCW 49.28.140

text:
(1) No employee of a health care facility may be required to work overtime. Attempts to compel or force employees to work overtime are contrary to public policy, and any such requirement contained in a contract, agreement, or understanding is void.
(2) The acceptance by any employee of overtime is strictly voluntary, and the refusal of an employee to accept such overtime work is not grounds for discrimination, dismissal, discharge, or any other penalty, threat of reports for discipline, or employment decision adverse to the employee.
(3) This section does not apply to overtime work that occurs:
(a) Because of any unforeseeable emergent circumstance;
(b) Because of prescheduled on-call time, subject to the following:
(i) Mandatory prescheduled on-call time may not be used in lieu of scheduling employees to work regularly scheduled shifts when a staffing plan indicates the need for a scheduled shift;
(ii) Mandatory prescheduled on-call time may not be used to address regular changes in patient census or acuity or expected increases in the number of employees not reporting for predetermined scheduled shifts; and
(iii) Mandatory, prescheduled on-call time may not be used to begin at a time when the duration of the procedure is expected to exceed the employee's regular scheduled hours of work, except for the case of a nonemergent patient procedure for which, in the judgment of the provider responsible for the procedure, a delay would cause a worse clinical outcome;
(c) When the employer documents that the employer has used reasonable efforts to obtain staffing. An employer has not used reasonable efforts if overtime work is used to fill vacancies resulting from chronic staff shortages; or
(d) When an employee is required to work overtime to complete a patient care procedure already in progress where the absence of the employee could have an adverse effect on the patient.
(4) An employee accepting overtime who works more than twelve consecutive hours shall be provided the option to have at least eight consecutive hours of uninterrupted time off from work following the time worked.
[ 2023 c 114 s 10; 2019 c 296 s 3; 2002 c 112 s 3.]
Notes:
Effective date—2023 c 114: See note following RCW 70.41.410.
Effective date—2019 c 296: See note following RCW 49.12.480.
Finding—2002 c 112: See note following RCW 49.28.130.

catchline: Hours of health care facility employees—Mandatory overtime prohibited—Exceptions.


title: RCW 49.28.150

text:
The department of labor and industries shall investigate complaints of violations of RCW 49.28.140 as provided under RCW 49.12.145 through 49.12.149.
[ 2023 c 114 s 11; 2002 c 112 s 4.]
Notes:
Effective date—2023 c 114: See note following RCW 70.41.410.
Finding—2002 c 112: See note following RCW 49.28.130.

catchline: Hours of health care facility employees—Penalties.


title: RCW 49.28.160

text:
(1) Every general authority and limited authority Washington law enforcement agency may adopt a flexible work policy. The policy may allow for general authority and limited authority Washington peace officers to work at less than full time when feasible, such as supplementing work during peak hours with part-time officers. The flexible work policy may include alternative shift and work schedules that fit the needs of the law enforcement agency.
(2) The flexible work policy adopted in subsection (1) of this section may require an officer have a certain number of years of experience as a full-time officer or have additional training for the officer to work part time or be eligible for any other types of flexible work.
(3) The flexible work policy adopted in subsection (1) of this section may not cause the layoff or otherwise displace any full-time officer.
(4) This section does not alter any existing collective bargaining unit, the provisions of any existing collective bargaining agreement, or the duty of a law enforcement agency to meet their duty to bargain under chapter 41.56 or 41.80 RCW. Full-time and part-time officers working for the same law enforcement agency who are covered by a collective bargaining agreement must be in the same bargaining unit.
(5) This section does not alter any laws or workplace policies relating to restrictions on secondary employment for general authority and limited authority Washington peace officers.
(6) For the purposes of this section, the definitions in this subsection apply.
(a) "General authority and limited authority Washington law enforcement agency" has the same meaning as "general authority Washington law enforcement agency" and "limited authority Washington law enforcement agency" as defined in RCW 10.93.020 (3) and (5), respectively.
(b) "General authority and limited authority Washington peace officers" has the same meaning as "general authority Washington peace officer" and "limited authority Washington peace officer" as defined in RCW 10.93.020 (4) and (6), respectively.
[ 2024 c 319 s 1.]

catchline: Flexible work policies.


title: RCW 49.30.005

text:
It is the intent of the legislature that the department assist agricultural employers in mitigating the costs of the state's unemployment insurance program. The department shall work with members of the agricultural community to: Improve understanding of the program's operation; increase compliance with work-search requirements; provide prompt notification of potential claims against an employer's experience rating; inform employers of their rights; inform employers of the actions necessary to appeal a claim and to protect their rights; and reduce claimant and employer fraud. These efforts shall include:
(1) Conducting employer workshops and community seminars;
(2) Developing new educational materials; and
(3) Developing forms that use lay language.
[ 1998 c 245 s 99; 1991 c 31 s 1; 1990 c 245 s 10; 1989 c 380 s 82.]
Notes:
Conflict with federal requirements—1990 c 245: See note following RCW 50.04.030.

catchline: Intent—Duties of department.


title: RCW 49.30.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agricultural employment" or "employment" means employment in agricultural labor as defined in RCW 50.04.150.
(2) "Department" means the department of labor and industries.
(3) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any agricultural activity in this state and employs one or more employees.
(4) "Employee" means a person employed in agricultural employment, and includes a person who is working under an independent contract the essence of which is personal labor in agricultural employment whether by way of manual labor or otherwise. However, "employee" shall not include immediate family members of the officers of any corporation, partnership, sole proprietorship, or other business entity, or officers of any closely held corporation engaged in agricultural production of crops or livestock.
(5) "Minor" means an employee who is under the age of eighteen years.
[ 1989 c 380 s 83.]

catchline: Definitions.


title: RCW 49.30.020

text:
(1) Each employer required to keep employment records under RCW 49.46.070, shall retain such records for three years.
(2) Each employer shall furnish to each employee at the time the employee's wages are paid an itemized statement showing the pay basis in hours or days worked, the rate or rates of pay, the gross pay, and all deductions from the pay for the respective pay period.
[ 1989 c 380 s 84.]

catchline: Hours and pay, recordkeeping.


title: RCW 49.30.040

text:
Except as provided in RCW 49.30.060, any violation of the provisions of this chapter or rules adopted hereunder shall be a class 1 civil infraction. The director shall have the authority to issue and enforce civil infractions according to chapter 7.80 RCW.
[ 2025 c 173 s 6; 1989 c 380 s 86.]
Notes:
Effective date—2025 c 173: See note following RCW 49.30.060.

catchline: Violation of chapter—Civil infraction.


title: RCW 49.30.050

text:
Before granting a variance from this chapter or an applicable rule in order to allow a minor participating in a bona fide cooperative vocational education program, diversified career experience program, work experience program certified and monitored by the office of the superintendent of public instruction or the minor employee's school district, or a registered apprenticeship program to perform a work duty typically prohibited based on the minor's age, the department shall:
(1) Conduct a safety and health consultation at the worksite; and
(2) Consult with the employer on the types of tools, equipment, and practices permitted under the variance.
[ 2025 c 173 s 7.]
Notes:
Effective date—2025 c 173: See note following RCW 49.30.060.

catchline: Working minors—Department consultation.


title: RCW 49.30.060

text:
(1) In accordance with the rule-making authority granted to the department under this chapter to protect employees in agriculture, the department's rules must provide for the protection of the safety, health, and welfare of minor employees, provided that such rules grant appropriate exceptions for emancipated minors. The department's rules must prohibit an employer from employing a minor unless the employer has a valid minor work permit with the consent of the minor's parent, guardian, or legal custodian and the approval of the minor's school, provided that such rules grant appropriate exceptions for employers who are the minor's parent, guardian, or legal custodian and for emancipated minors.
(2)(a) If the director, or the director's designee, finds that an employer has violated any of the requirements of this section or any applicable rule or a variance from those requirements issued under this chapter and applicable rules, a citation and notice of assessment stating the violations must be issued to the employer. The citation and notice of assessment must be in writing, describing the nature of the violation including reference to the standards, rules, or orders alleged to have been violated. The citation and penalty assessment must be given to the highest management official available at the workplace or be mailed to the employer at the workplace. In addition, the department shall mail a copy of the citation and penalty assessment to the central personnel office of the employer. Citations issued under this section must be posted at or near the place where the violation occurred.
(b) A first-time citation for failure to obtain a minor work permit or parental or school authorization, for failure to maintain records, or for a violation deemed nonserious by the department must state a specific and reasonable time for abatement of the violation to allow the employer to correct the violation. The department may waive or reduce a civil penalty assessed for a first-time violation under this subsection if the director determines that the employer has taken corrective action to resolve the violation.
(c) The employer must be assessed a civil penalty as follows:
(i) No less than $100 and no more than $1,000 for each violation involving failure to obtain a minor work permit or parental or school authorization, for failure to maintain records, or for each other nonserious violation;
(ii) No less than $150 and no more than $1,000 for each violation involving failure to comply with hours of work requirements;
(iii) No less than $300 and no more than $1,000 for each violation involving failure to comply with meal break or rest break requirements;
(iv) No less than $1,000 for each violation involving failure to comply with prohibited duty requirements, variance conditions, or minimum wage requirements for minors, or for each other serious violation, except the civil penalty may be no less than $2,000 for each violation in a second or subsequent citation for any of these violations identified in this subsection (2)(c)(iv);
(v) No less than $15,000 for any violation resulting in the serious physical harm of a minor, which may be doubled where the violation is a willful violation or a repeated violation; and
(vi) No less than $71,000 for any violation resulting in the death of a minor, which may be doubled where the violation is a willful violation or a repeated violation.
(d) If the director, or the director's designee, finds that an employer has committed a serious or repeated violation of any of the requirements of this section or any applicable rule or order, the employer is subject to an additional civil penalty assessment of a maximum of $5,000 for each subsequent day the violation continues. For the purposes of this subsection (2)(d), a serious violation exists if death or serious physical harm has resulted or is imminent from a condition that exists, or from one or more practices, means, methods, operations, or processes that have been adopted or are in use by the employer, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
(e) The department shall consider the following factors when determining the amount of any penalty assessment under this section: (i) Whether the violation was committed willfully or the violation is a repeat violation; (ii) the size of the employer; (iii) the age of the minor; (iv) the gravity of the violation; (v) the hazards created by the violation; (vi) the penalties for comparable violations under federal law; (vii) the penalty amount necessary to deter future noncompliance; (viii) ensuring the penalty amount is consistent with the purposes of this chapter; and (ix) any other factor warranting an adjustment in the penalty as deemed appropriate by the department.
(f) Beginning July 1, 2027, and every two years thereafter, the department shall adjust by rule the amounts in (c) and (d) of this subsection for inflation by calculating to the nearest cent using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index.
(3) In addition to any other authority provided in this section, if, upon inspection or investigation, the director, or the director's designee, believes that an employer has violated any of the requirements of this section or any applicable rule or order governing the employment of minors, and that the violation creates a danger from which there is a substantial probability that death or serious physical harm could result to a minor employee, the director, or the director's designee, may issue an order immediately restraining the condition, practice, method, process, or means creating the danger in the workplace. An order issued under this subsection may require the employer to take steps necessary to avoid, correct, or remove the danger and may prohibit the presence of a minor in locations or under conditions where the danger exists.
(4)(a) The director or the director's designee shall revoke an employer's minor work permit and prohibit the employer from obtaining a minor work permit for no less than 12 months if:
(i) The employer has been issued a safety and health citation under RCW 49.17.120 containing one or more violations under RCW 49.17.180 (1), (2), (4), or (5) or any citation and notice of assessment containing one or more violations of any of the requirements of this section, any applicable rules, or applicable orders, where one or more of the violations caused serious physical harm or death to a minor; or
(ii) An order has been issued immediately restraining an employer's condition, practice, method, process, or means in the workplace pursuant to subsection (3) of this section or RCW 49.17.130 or 49.17.170.
(b) Following a revocation under this subsection (4), a minor work permit may not be reissued to an employer unless the employer has not been issued a citation for any violations of the provisions identified in (a)(i) of this subsection (4) for at least 12 months.
(c) This subsection does not prohibit the department from revoking, suspending, or modifying a minor work permit for any reason or cause provided for under state law or department rule or policy.
(5) Any person aggrieved by an action taken or decision made by the department under this section may appeal the action or decision to the director by filing notice of the appeal with the director within 30 days of the department's action or decision. A notice of appeal filed under this section stays the effectiveness of a citation or notice of the assessment of a penalty pending review of the appeal by the director, but such appeal does not stay the effectiveness of an order of immediate restraint issued under this section. Upon receipt of an appeal, a hearing must be held in accordance with chapter 34.05 RCW. The director shall issue all final orders after the hearing. The final orders are subject to appeal in accordance with chapter 34.05 RCW. Orders not appealed within the time period specified in chapter 34.05 RCW are final and binding.
(6) The employer shall pay the amount assessed under this section within 30 days of receipt of the penalty assessment or notify the director of the employer's intent to appeal the citation or the penalty assessment under subsection (5) of this section. If an employer fails to pay an assessment under this section after it has become a final and unappealable order, or after the court has entered final judgment in favor of the department, the director may initiate collection procedures in accordance with RCW 49.48.086.
(7) A person who gives advance notice, without the authority of the director, of an inspection to be conducted under this chapter must be assessed a civil penalty of not more than $1,000.
(8) Penalties assessed under this section must be paid to the director and deposited into the general fund.
(9) The department may adopt rules for purposes of implementing and enforcing this section.
[ 2025 c 173 s 8.]
Notes:
Effective date—2025 c 173: "This act takes effect July 1, 2026." [ 2025 c 173 s 9.]


title: RCW 49.30.901

text: See note following RCW 50.04.150.

catchline: Conflict with federal requirements—1989 c 380.


title: RCW 49.32.011

text:
No court of the state of Washington or any judge or judges thereof shall have jurisdiction to issue any restraining order or temporary or permanent injunction in a case involving or growing out of a labor dispute, except in a strict conformity with the provisions of this chapter; nor shall any such restraining order or temporary or permanent injunction be issued contrary to the public policy declared in this chapter.
[ 1933 ex.s. c 7 s 1; RRS s 7612-1. Cf. 1919 c 185 s 2. Formerly RCW 49.32.040.]
Notes:
Injunctions in labor disputes: RCW 49.36.015.

catchline: Injunctions in labor disputes.


title: RCW 49.32.020

text:
(1) In the interpretation of this chapter and in determining the jurisdiction and authority of the courts of the state of Washington, as such jurisdiction and authority are herein defined and limited, the public policy of the state of Washington is hereby declared as follows:
WHEREAS, Under prevailing economic conditions, developed with the aid of governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect his or her freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore, though he or she should be free to decline to associate with his or her fellows, it is necessary that he or she have full freedom of association, self-organization, and designation of representatives of his or her own choosing, to negotiate the terms and conditions of his or her employment, and that he or she shall be free from interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protections; therefore, the following definitions of, and limitations upon, the jurisdiction and authority of the courts of the state of Washington are hereby enacted.
(2) With regard to any employer, employees, trade, or industry covered under chapter 130, Laws of 2026 that had been subject to federal labor law regulation the public employment relations commission has concurrent jurisdiction to prevent and to remedy any violation of the rights set forth in subsection (1) of this section.
[ 2026 c 130 s 21; 2010 c 8 s 12028; 1933 ex.s. c 7 s 2; RRS s 7612-2.]

catchline: Policy enunciated.


title: RCW 49.32.030

text:
Any undertaking or promise, such as is described in this section, or any other undertaking or promise in conflict with the public policy declared in RCW 49.32.020, is hereby declared to be contrary to the public policy of the state of Washington, shall not be enforceable in any court of the state of Washington, and shall not afford any basis for the granting of legal or equitable relief by any such court, including specifically the following:
Every undertaking or promise hereafter made, whether written or oral, express or implied, constituting or contained in any contract or agreement of hiring or employment between any individual, firm, company, association, or corporation and any employee or prospective employee of the same, whereby:
(1) Either party to such contract or agreement undertakes or promises not to join, become, or remain a member of any labor organization or of any employer organization; or
(2) Either party to such contract or agreement undertakes or promises that he or she will withdraw from an employment relation in the event that he or she joins, becomes, or remains a member of any labor organization or of any employer organization.
[ 2010 c 8 s 12029; 1933 ex.s. c 7 s 3; RRS s 7612-3.]

catchline: Undertakings and promises unenforceable.


title: RCW 49.32.050

text:
No court of the state of Washington shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of any labor dispute or prohibit any person or persons participating or interested in such dispute (as these terms are herein defined) from doing, whether singly or in concert, any of the following acts:
(1) Ceasing or refusing to perform any work or to remain in any relation of employment;
(2) Becoming or remaining a member of any labor organization or of any employer organization, regardless of any such undertaking or promise as is described in RCW 49.32.030;
(3) Paying or giving to, or withholding from, any person participating or interested in such labor dispute any strike or unemployment benefits or insurance or other moneys or things of value;
(4) By all lawful means aiding any person participating or interested in any labor dispute who is being proceeded against in, or is prosecuting, any action or suit in any court of the United States or of any state;
(5) Giving publicity to the existence of, or the facts involved in, any labor dispute, whether by advertising, speaking, patrolling, or by any other method not involving fraud or violence;
(6) Assembling peaceably to act or to organize to act in promotion of their interests in a labor dispute;
(7) Advising or notifying any person of an intention to do any of the acts heretofore specified;
(8) Agreeing with other persons to do or not to do any of the acts heretofore specified; and
(9) Advising, urging, or otherwise causing or inducing without fraud or violence the acts heretofore specified, regardless of any such undertaking or promise as is described in RCW 49.32.030.
[ 1933 ex.s. c 7 s 4; RRS s 7612-4.]

catchline: Jurisdiction of courts.


title: RCW 49.32.060

text:
No court of the state of Washington or any judge or judges thereof shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor dispute constitute or are engaged in an unlawful combination or conspiracy because of the doing in concert of the acts enumerated in RCW 49.32.050.
[ 1933 ex.s. c 7 s 5; RRS s 7612-5.]

catchline: Concert of action immaterial.


title: RCW 49.32.070

text:
No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of the state of Washington for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual participation in, or actual authorization of, such acts, or of ratification of such acts after actual knowledge thereof.
[ 1933 ex.s. c 7 s 6; RRS s 7612-6.]

catchline: Responsibility of associations.


title: RCW 49.32.080

text:
Whenever any court of the state of Washington shall issue or deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings, and on his or her filing the usual bond for costs, forthwith certify the entire record of the case, including a transcript of the evidence taken, to the supreme court or the court of appeals for its review. Upon the filing of such record in the supreme court or the court of appeals, the appeal shall be heard and the temporary injunctive order affirmed, modified, or set aside with the greatest possible expedition, giving the proceedings precedence over all other matters except older matters of the same character.
[ 2010 c 8 s 12030; 1971 c 81 s 116; 1933 ex.s. c 7 s 10; RRS s 7612-10.]
Notes:
Rules of court: Appeal procedure superseded by RAP 2.1, 2.2, 18.22.

catchline: Appellate review.


title: RCW 49.32.090

text:
In all cases arising under this chapter in which a person shall be charged with contempt in a court of the state of Washington, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the county wherein the contempt shall have been committed: PROVIDED, That this right shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct or disobedience of any officer of the court in respect to the writs, orders, or process of the court.
[ 1933 ex.s. c 7 s 11; RRS s 7612-11.]

catchline: Contempt—Speedy jury trial.


title: RCW 49.32.100

text:
The defendant in any proceeding for contempt of court may file with the court a demand for the retirement of the judge sitting in the proceeding, if the contempt arises from an attack upon the character or conduct of such judge and if the attack occurred elsewhere than in the presence of the court or so near thereto as to interfere directly with the administration of justice. Upon the filing of any such demand the judge shall thereupon proceed no further, but another judge shall be designated in the same manner as provided by law. The demand shall be filed prior to the hearing of the contempt proceeding.
[ 1933 ex.s. c 7 s 12; RRS s 7612-12.]
Notes:
Civil procedure—Disqualification of judge—Change of venue: RCW 4.12.040.

catchline: Contempt—Retirement of judge.


title: RCW 49.32.110

text:
When used in this chapter, and for the purpose of this chapter:
(1) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in the same industry, trade, or occupation; or have direct or indirect interests therein; or who are employees of the same employer; or who are members of the same or an affiliated organization of employers or employees; whether such dispute is (a) between one or more employers or associations of employers and one or more employees or associations of employees; (b) between one or more employers or associations of employers and one or more employers or association of employers; or (c) between one or more employees or association of employees and one or more employees or association of employees; or when the case involves any conflicting or competing interests in a "labor dispute" (as hereinafter defined) of "persons participating or interested" therein (as hereinafter defined).
(2) A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against him or her or it, and if he or she or it is engaged in the same industry, trade, craft, or occupation in which dispute occurs, or has a direct or indirect interest therein or is a member, officer, or agent of any association composed in whole or in part of employers or employees engaged in such industry, trade, craft, or occupation.
(3) The term "labor dispute" includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee.
[ 2010 c 8 s 12031; 1933 ex.s. c 7 s 13; RRS s 7612-13. Formerly RCW 49.32.010.]


title: RCW 49.32.910

text:
All acts and parts of acts in conflict with the provisions of this chapter are hereby repealed.
[ 1933 ex.s. c 7 s 15; RRS s 7612-15.]

catchline: General repealer.


title: RCW 49.36.010

text:
It shall be lawful for working men and women to organize themselves into, or carry on labor unions for the purpose of lessening the hours of labor or increasing the wages or bettering the conditions of the members of such organizations; or carry out their legitimate purposes by any lawful means.
[ 1919 c 185 s 1; RRS s 7611.]

catchline: Unions legalized.


title: RCW 49.36.015

text:
No restraining order or injunction shall be granted by any court of this state, or any judge or judges thereof in any case between an employer and employee or between employer and employees or between employees or between persons employed and persons seeking employment involving or growing out of a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable damage to property or to a personal right or to a property right of the party making the application, for which injury there is no adequate remedy at law, and such petition must be in writing describing such damage or injury feared by the applicant, and sworn to by the applicant or his or her agent or attorney. No such restraining order or injunction shall prohibit any such person or persons, whether singly or in concert, from terminating any relation of employment or from ceasing to perform any work or labor; or from paying or giving to, or withholding from any person engaged in such dispute, any strike benefits or other moneys or things of value; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto; nor shall any of the acts specified in this section be considered or held to be illegal or unlawful in any court of the state.
[ 2010 c 8 s 12032; 1919 c 185 s 2; RRS s 7612.]
Notes:
Labor disputes: Chapter 49.32 RCW.


title: RCW 49.36.020

text:
The labor of a human being is not a commodity or article of commerce, and the right to enter into the relation of employer and employee or to change that relation except in violation of contract is a legal right. In all cases involving the violation of the contract of employment, either by the employee or employer where no irreparable damage is about to be done to the property, personal rights or property rights of either, no injunction shall be granted, but the parties shall be left to their remedy at law.
[ 1919 c 185 s 3; RRS s 7613.]
Notes:
Injunctions in labor disputes: RCW 49.32.011.

catchline: Employment contracts—Remedy for violation.


title: RCW 49.36.030

text:
No person shall be indicted, prosecuted, or tried in any court of this state for entering into or carrying on any lawful arrangement, agreement, or combination between themselves made with a view of lessening the number of hours of labor or increasing wages or bettering the conditions of working men and women, or for any lawful act done in pursuance thereof.
[ 1919 c 185 s 4; RRS s 7614.]

catchline: Prosecutions prohibited.


title: RCW 49.36.040

text:
The privilege established by RCW 5.60.060(11) shall apply to all labor unions covered by this chapter.
[ 2023 c 202 s 9.]
Notes:
Findings—2023 c 202: See note following RCW 5.60.060.

catchline: Certain communications—Privilege from examination and disclosure.


title: RCW 49.36.100

text:
(1) A public employer may not require a worker to waive any statutory right to make a claim arising out of state or federal law as a condition of settling a grievance under a collective bargaining agreement.
(2) "Public employer" has the same meaning as in RCW 49.44.170.
[ 2025 c 387 s 6.]

catchline: Public employer collective bargaining agreements—Waiver of statutory rights.


title: RCW 49.37.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Bargaining representative" means any lawful organization that represents employees in their employment relations with their employers.
(2) "Collective bargaining" means the performance of the mutual obligations of the employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours, and working conditions, which may be peculiar to an appropriate bargaining unit of such employer, except that by such obligation neither party may be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter.
(3) "Commission" means the public employment relations commission created in RCW 41.58.010.
(4)(a) "Employee" means any person who is employed by an employer to perform the work of cultivating, growing, harvesting, or producing cannabis, including defoliating, drying, bucking, precuring, curing, drying, trimming, sorting, and loading, if performed on a farm.
(b) "Employee" does not include any person having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(5)(a) "Employer" means an employer that is operating pursuant to a cannabis producer's license issued under RCW 69.50.325(1), or a cannabis processor's license issued under RCW 69.50.325(2) if the licensed premises is colocated on a farm licensed for cannabis production. "Employer" also includes any person acting as an agent of an employer, directly or indirectly.
(b) In determining whether any person is acting as an agent of another person to make such other person responsible for their acts, the question of whether the specific acts performed were actually authorized or subsequently ratified is not controlling.
(6) "Executive director" means the executive director of the commission.
(7) "Labor dispute" includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association of representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. In the event of a dispute between an employer and an exclusive bargaining representative over the matters that are terms and conditions of employment, the commission shall decide which items are mandatory subjects for bargaining.
(8) "Labor organization" means an organization of any kind, or an agency or employee representation committee or plan, in which employees participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of employment.
(9) "Person" includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees in bankruptcy, or receivers.
(10) "Unfair labor practice" means any activity listed in RCW 49.37.140 and 49.37.150.
[ 2025 c 106 s 1.]

catchline: Definitions.


title: RCW 49.37.020

text:
No employer or other person may directly or indirectly interfere with, restrain, coerce, or discriminate against any employees or group of employees in the free exercise of their right to organize and designate bargaining representatives of their own choosing for the purpose of collective bargaining, or in the free exercise of any other right under this chapter.
[ 2025 c 106 s 2.]

catchline: Collective bargaining—Right to organize.


title: RCW 49.37.030

text:
If an employer and its employees are in disagreement as to the selection of a bargaining representative, the commission must be invited to intervene as is provided in RCW 49.37.040 through 49.37.060.
[ 2025 c 106 s 3.]

catchline: Collective bargaining—Selection of representative.


title: RCW 49.37.040

text:
(1)(a) The commission, upon reasonable notice, shall decide in each application for certification as an exclusive bargaining representative, the unit appropriate for the purpose of collective bargaining.
(b) In determining, modifying, or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the employees; the history of collective bargaining by the employees and their bargaining representatives; the extent of organization among the employees; and the desire of the employees.
(2) The commission shall determine the bargaining representative by conducting an election after a showing of interest by employees, as provided in RCW 49.37.050.
(3) If a single employee organization is the exclusive bargaining representative for two or more units, upon petition by the employee organization, the units may be consolidated into a single larger unit if the commission considers the larger unit to be appropriate. If consolidation is appropriate, the commission shall certify the employee organization as the exclusive bargaining representative of the new unit.
(4) No question concerning representation may be raised if:
(a) Fewer than 12 months have elapsed since the last certification or election; or
(b) A valid collective bargaining agreement is in effect, except for that period of no more than 90 calendar days nor less than 60 calendar days before the expiration of the agreement.
[ 2025 c 106 s 4.]

catchline: Collective bargaining—Appropriate bargaining unit.


title: RCW 49.37.050

text:
(1)(a) Upon request of a prospective bargaining representative showing written proof of at least 30 percent representation of the employees within the unit, the commission shall hold an election by ballot to determine the issue.
(b) The ballot must contain the name of the prospective bargaining representative and of any other bargaining representative showing written proof of at least 10 percent representation of the employees within the unit, together with a choice for any employee to designate that they do not desire to be represented by any bargaining representative.
(c) Where more than one organization is on the ballot and neither of the three or more choices receives a majority vote of valid ballots cast, a runoff election must be held. The runoff ballot must contain the two choices which received the largest and second largest number of votes.
(2)(a) Upon request of a prospective bargaining representative showing written proof of at least 50 percent representation of the employees within a bargaining unit for which there is no incumbent exclusive bargaining representative, the commission shall hold an election through a cross-check process to determine the issue.
(b) The commission must compare the employee organization's membership records or bargaining authorization cards against the employment records of the employer.
[ 2025 c 106 s 5.]

catchline: Collective bargaining—Occasion for election of representative.


title: RCW 49.37.060

text:
(1) The bargaining representative that has been determined to represent a majority of the employees in a bargaining unit must be certified by the commission as the exclusive bargaining representative of, and must represent, all the employees within the unit without regard to membership in the bargaining representative.
(2) An employee at any time may present their grievance to the employer and have such grievance adjusted without the intervention of the exclusive bargaining representative, if the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect, and if the exclusive bargaining representative has been given reasonable opportunity to be present at any initial meeting called for the resolution of the grievance.
[ 2025 c 106 s 6.]

catchline: Collective bargaining—Duties of representative—Employee grievances.


title: RCW 49.37.070

text:
RCW 41.56.067 applies to this chapter.
[ 2025 c 106 s 7.]

catchline: Collective bargaining—Representative's access to new employees.


title: RCW 49.37.080

text:
No employer may refuse to engage in collective bargaining with the exclusive bargaining representative. Upon the failure of the employer and the exclusive bargaining representative to conclude a collective bargaining agreement, any matter in dispute may be submitted by either party to the commission. If an employer implements its last and best offer where there is no contract settlement, allegations that either party is violating the terms of the implemented offer are subject to grievance arbitration procedures as such procedures are set forth in the parties' last contract or, should no such contract exist, as set forth in the implemented offer.
[ 2025 c 106 s 8.]

catchline: Collective bargaining—Failure to reach agreement.


title: RCW 49.37.090

text:
(1) Upon the authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer must deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and must transmit the same to the treasurer of the exclusive bargaining representative.
(2)(a) An employee's written, electronic, or recorded voice authorization to have the employer deduct membership dues from the employee's salary must be made by the employee to the exclusive bargaining representative. If the employer receives a request for authorization of deductions, the employer must forward the request to the exclusive bargaining representative as soon as practicable.
(b) Upon receiving notice of the employee's authorization from the exclusive bargaining representative, the employer must deduct from the employee's salary membership dues and remit the amounts to the exclusive bargaining representative.
(c) The employee's authorization remains in effect until expressly revoked by the employee in accordance with the terms and conditions of the authorization.
(d) An employee's request to revoke authorization for payroll deductions must be in writing and submitted by the employee to the exclusive bargaining representative in accordance with the terms and conditions of the authorization.
(e) After the employer receives confirmation from the exclusive bargaining representative that the employee has revoked authorization for deductions, the employer must end the deduction no later than the second payroll after receipt of the confirmation.
(f) The employer must rely on information provided by the exclusive bargaining representative regarding the authorization and revocation of deductions.
(3) If the employer and the exclusive bargaining representative of a bargaining unit enter into a collective bargaining agreement that includes requirements for deductions of other payments, the employer must make such deductions upon authorization of the employee.
[ 2025 c 106 s 9.]

catchline: Collective bargaining—Dues.


title: RCW 49.37.100

text:
A collective bargaining agreement may provide for binding arbitration of a labor dispute arising from the application or the interpretation of the matters contained in a collective bargaining agreement.
[ 2025 c 106 s 10.]


title: RCW 49.37.110

text:
(1) After the termination date of a collective bargaining agreement, all the terms and conditions specified in the collective bargaining agreement remain in effect until the effective date of a subsequent agreement, not to exceed one year from the termination date stated in the agreement. Thereafter, the employer may unilaterally implement according to law.
(2) This section does not apply to provisions of a collective bargaining agreement which both parties agree to exclude from the provisions of subsection (1) of this section and to provisions within the collective bargaining agreement with separate and specific termination dates.
(3) This section does not apply to collective bargaining agreements in effect or being bargained on July 27, 2025.
[ 2025 c 106 s 11.]

catchline: Collective bargaining—Termination of agreement.


title: RCW 49.37.120

text:
In addition to any other method for selecting arbitrators, the parties may request the commission to appoint a qualified person who may be an employee of the commission to act as an arbitrator to assist in the resolution of a labor dispute between the employer and the bargaining representative arising from the application of the matters contained in a collective bargaining agreement. The arbitrator must conduct the arbitration of the dispute in a manner provided for in the collective bargaining agreement. The commission may not collect any fees or charges from the employer or the bargaining representative for services performed by the commission under this chapter. The provisions of chapter 49.08 RCW do not apply to this chapter.
[ 2025 c 106 s 12.]

catchline: Collective bargaining—Appointment of arbitrator.


title: RCW 49.37.130

text:
(1) If the employer has the information in the employer's records, the employer must provide to the exclusive bargaining representative the following information for each employee in an appropriate bargaining unit:
(a) The employee's name and date of hire;
(b) The employee's contact information, including: (i) Cellular, home, and work telephone numbers; (ii) work and the most up-to-date personal email addresses; and (iii) home address or personal mailing address; and
(c) Employment information, including the employee's job title, salary or rate of pay, and worksite location or duty station.
(2) The employer must provide the information to the exclusive bargaining representative in an editable digital file format:
(a) Within 21 business days from the date of hire for a newly hired employee in an appropriate bargaining unit; and
(b) Every 120 business days for all employees in an appropriate bargaining unit.
(3) When there is a state-level representative of the exclusive bargaining representative for a bargaining unit, the employer may provide the information to the state-level representative.
(4) The exclusive bargaining representative may use the information provided under this section only for representation purposes. This section does not give authority to any exclusive bargaining representative to sell or provide access to lists of employees or the information provided to the exclusive bargaining representative pursuant to this section requested for commercial purposes.
(5) If an employer fails to comply with this section, the exclusive bargaining representative may bring a court action to enforce compliance. The court may order the employer to pay costs and reasonable attorneys' fees incurred by the exclusive bargaining representative.
[ 2025 c 106 s 13.]


title: RCW 49.37.140

text:
It is an unfair labor practice for an employer to:
(1) Interfere with, restrain, or coerce employees in the exercise of their rights guaranteed by this chapter;
(2) Control, dominate, or interfere with a bargaining representative;
(3) Engage in or create the impression of surveillance of activities protected by this chapter;
(4) Discriminate against an employee who has filed an unfair labor practice charge or who has given testimony under this chapter; or
(5) Refuse to engage in collective bargaining.
[ 2025 c 106 s 14.]

catchline: Collective bargaining—Unfair labor practices—Employers.


title: RCW 49.37.150

text:
It is an unfair labor practice for a bargaining representative to:
(1) Interfere with, restrain, or coerce employees in the exercise of their rights guaranteed by this chapter;
(2) Induce the employer to commit an unfair labor practice;
(3) Discriminate against an employee who has filed an unfair labor practice charge or who has given testimony under this chapter; or
(4) Refuse to engage in collective bargaining.
[ 2025 c 106 s 15.]

catchline: Collective bargaining—Unfair labor practices—Bargaining representatives.


title: RCW 49.37.160

text:
(1) The commission must prevent unfair labor practices and issue appropriate remedial orders. However, a complaint may not be processed for an unfair labor practice occurring more than six months before the filing of the complaint with the commission or in superior court.
(2) If the commission determines that a person has engaged in or is engaging in an unfair labor practice, the commission must issue and serve upon the person an order requiring the person to cease and desist from the unfair labor practice. The commission may take action to carry out the purposes and policy of this chapter, including requiring the person to pay damages and reinstate employees.
(3) The commission may petition the superior court for the county in which the main office of the employer is located or in which the person who has engaged or is engaging in the unfair labor practice resides or transacts business, for the enforcement of its order and for appropriate temporary relief.
[ 2025 c 106 s 16.]

catchline: Collective bargaining—Remediation of unfair labor practices.


title: RCW 49.37.170

text:
The commission may adopt rules necessary to administer this chapter in conformity with the intent and purpose of this chapter and consistent with the best standards of labor-management relations.
[ 2025 c 106 s 17.]

catchline: Rules.


title: RCW 49.37.900

text:
This chapter may not be interpreted by any court to apply to or otherwise extend any rights to any employee who is not specifically employed by an employer to perform the work of cultivating, growing, harvesting, or producing cannabis, including defoliating, drying, bucking, precuring, curing, drying, trimming, sorting, and loading, if performed on a farm.
[ 2025 c 106 s 18.]

catchline: Construction.


title: RCW 49.38.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) Department means the department of labor and industries.
(2) Theatrical enterprise means the production of any circus, vaudeville, carnival, revue, variety show, musical comedy, operetta, opera, drama, endurance contest, marathon, walkathon, or any other entertainment event where persons are a part of the enterprise's presentation. Theatrical enterprise does not include a program of a radio or television station operating pursuant to a license issued by the federal communications commission or any event produced by a nonprofit cultural or artistic organization that has been located in a community for at least two years.
[ 1984 c 89 s 1.]


title: RCW 49.38.020

text:
(1) Any person engaged in the business of promoting a theatrical enterprise in this state shall deposit with the department the cash or a bond issued by a surety company authorized to do business in this state in an amount determined sufficient by the department to pay the wages of every person involved in the production of the theatrical enterprise for the period for which a single payment of wages is made, but not to exceed one week.
(2) The deposit required under subsection (1) of this section shall be on file with the department seven calendar days before the commencement of the theatrical enterprise.
[ 1984 c 89 s 2.]

catchline: Payment of wages—Cash deposit or bond required.


title: RCW 49.38.030

text:
If a person engaged in the business of promoting a theatrical enterprise fails to deposit cash or the bond required under RCW 49.38.020, the department may bring an action in the superior court to compel such person to deposit the cash or bond or cease doing business until he or she has done so.
[ 1984 c 89 s 3.]

catchline: Action to require cash deposit or bond.


title: RCW 49.38.040

text:
Any person having a claim for wages against a person engaged in the business of promoting a theatrical enterprise may bring an action against the bond or cash deposit in the district or superior court of the county in which the theatrical enterprise is produced or any county in which the principal on the bond resides or conducts business. An action against the bond may be brought against the named surety without joining the principal named in the bond. The liability of the surety shall not exceed the amount named in the bond. Any action brought under this chapter shall be commenced within one year after the completion of the work for which wages are alleged to be due and owing under this chapter. If a cash deposit has been made in lieu of a surety bond and if judgment is entered against the depositor and deposit, then the department shall upon receipt of a certified copy of a final judgment within one year of the date of entry of such judgment pay the judgment from the deposit. The priority of payment by the department shall be the order of receipt by the department, but the department shall have no liability for payment in excess of the amount of the deposit.
[ 1984 c 89 s 4.]

catchline: Payment of wages—Action against cash deposit or bond—Limitations.


title: RCW 49.38.050

text:
In an action brought pursuant to RCW 49.38.040, the prevailing party is entitled to reasonable attorney's fees and costs.
[ 1984 c 89 s 5.]

catchline: Recovery of attorney's fees and costs.


title: RCW 49.38.060

text:
Any person who violates this chapter is guilty of a gross misdemeanor.
[ 1984 c 89 s 6.]

catchline: Penalty.


title: RCW 49.38.070

text:
The department may adopt rules under chapter 34.05 RCW to carry out the provisions of this chapter.
[ 1984 c 89 s 7.]

catchline: Department to adopt rules.


title: RCW 49.39.005

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Bargaining representative" means any lawful organization which represents symphony musicians in their employment relations with their employers.
(2) "Collective bargaining" means the performance of the mutual obligations of the employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours, and working conditions, which may be peculiar to an appropriate bargaining unit of such employer, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter.
(3) "Commission" means the public employment relations commission.
(4)(a) "Employer" means a symphony orchestra with a gross annual revenue of more than three hundred thousand dollars that does not meet the jurisdictional standards of the national labor relations board, and includes any person acting as an agent of an employer, directly or indirectly.
(b) In determining whether any person is acting as an "agent" of another person so as to make such other person responsible for his or her acts, the question of whether the specific acts performed were actually authorized or subsequently ratified shall not be controlling.
(5) "Executive director" means the executive director of the commission.
(6) "Labor dispute" includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association of representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and symphony musician employee. In the event of a dispute between an employer and an exclusive bargaining representative over the matters that are terms and conditions of employment, the commission shall decide which items are mandatory subjects for bargaining.
(7) "Labor organization" means an organization of any kind, or an agency or employee representation committee or plan, in which symphony musicians participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of employment.
(8) "Person" includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees in bankruptcy, or receivers.
(9) "Unfair labor practice" means any activity listed in RCW 49.39.120 and 49.39.130.
[ 2010 c 6 s 1.]

catchline: Definitions.


title: RCW 49.39.010

text:
No employer, or other person, shall directly or indirectly interfere with, restrain, coerce, or discriminate against any symphony musician or group of symphony musicians in the free exercise of their right to organize and designate bargaining representatives of their own choosing for the purpose of collective bargaining, or in the free exercise of any other right under this chapter.
[ 2010 c 6 s 2.]

catchline: Collective bargaining rights.


title: RCW 49.39.020

text:
If an employer and its symphony musician employees are in disagreement as to the selection of a bargaining representative the commission shall be invited to intervene as is provided in RCW 49.39.030 through 49.39.060.
[ 2010 c 6 s 3.]

catchline: Selection of bargaining representative.


title: RCW 49.39.023

text:
RCW 41.56.067 applies to this chapter.
[ 2018 c 250 s 7.]

catchline: Application of RCW 41.56.067—Bargaining representative access to new employees.


title: RCW 49.39.030

text:
The commission, upon reasonable notice, shall decide in each application for certification as an exclusive bargaining representative the unit appropriate for the purpose of collective bargaining. In determining, modifying, or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the symphony musicians; the history of collective bargaining by the symphony musicians and their bargaining representatives; the extent of organization among the symphony musicians; and the desire of the symphony musicians. The commission shall determine the bargaining representative by: (1) Comparison of signatures on organization bargaining authorization cards; or (2) conducting an election specifically therefor.
[ 2010 c 6 s 4.]

catchline: Certification of exclusive bargaining representative.


title: RCW 49.39.040

text:
If the commission elects to conduct an election to ascertain the exclusive bargaining representative, and upon the request of a prospective bargaining representative showing written proof of at least thirty percent representation of the symphony musicians within the unit, the commission shall hold an election by secret ballot to determine the issue. The ballot shall contain the name of the bargaining representative and of any other bargaining representative showing written proof of at least ten percent representation of the symphony musicians within the unit, together with a choice for any symphony musician to designate that he or she does not desire to be represented by any bargaining agent. Where more than one organization is on the ballot and neither of the three or more choices receives a majority vote of valid ballots cast, a runoff election shall be held. The runoff ballot shall contain the two choices which received the largest and second-largest number of votes. No question concerning representation may be raised within one year of a certification or attempted certification. Where there is a valid collective bargaining agreement in effect, no question of representation may be raised except during the period not more than ninety nor less than sixty days prior to the expiration date of the agreement. Any agreement which contains a provision for automatic renewal or extension of the agreement shall not be a valid agreement; nor shall any agreement be valid if it provides for a term of existence for more than three years.
[ 2010 c 6 s 5.]

catchline: Election to ascertain exclusive bargaining representative.


title: RCW 49.39.050

text:
The bargaining representative which has been determined to represent a majority of the symphony musicians in a bargaining unit shall be certified by the commission as the exclusive bargaining representative of, and shall be required to represent, all the symphony musicians within the unit without regard to membership in the bargaining representative. However, any symphony musician at any time may present his or her grievance to the employer and have such grievance adjusted without the intervention of the exclusive bargaining representative, if the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect, and if the exclusive bargaining representative has been given reasonable opportunity to be present at any initial meeting called for the resolution of the grievance.
[ 2010 c 6 s 6.]

catchline: Exclusive bargaining representative—Must represent all symphony musicians—Exception.


title: RCW 49.39.060

text:
The commission may adopt rules necessary to administer this chapter in conformity with the intent and purpose of this chapter and consistent with the best standards of labor-management relations.
[ 2010 c 6 s 7.]

catchline: Rules—Commission.


title: RCW 49.39.065

text:
If only one employee organization is seeking certification as exclusive bargaining representative of a bargaining unit for which there is no incumbent exclusive bargaining representative, the commission may determine the question concerning representation by conducting a cross-check comparing the employee organization's membership records or bargaining authorization cards against the employment records of the employer. A determination through a cross-check process may be made upon a showing of interest submitted in support of the exclusive bargaining representative by more than fifty percent of the employees. The commission may adopt rules to implement this section.
[ 2019 c 230 s 21.]

catchline: Certification of bargaining representative—Cross-check.


title: RCW 49.39.070

text:
An employer may engage in collective bargaining with the exclusive bargaining representative and no employer may refuse to engage in collective bargaining with the exclusive bargaining representative. Upon the failure of the employer and the exclusive bargaining representative to conclude a collective bargaining agreement, any matter in dispute may be submitted by either party to the commission. If an employer implements its last and best offer where there is no contract settlement, allegations that either party is violating the terms of the implemented offer are subject to grievance arbitration procedures if and as such procedures are set forth in the implemented offer, or, if not in the implemented offer, if and as such procedures are set forth in the parties' last contract.
[ 2010 c 6 s 8.]

catchline: Failure to conclude collective bargaining agreement.


title: RCW 49.39.080

text:
(1) Upon the authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer must deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and must transmit the same to the treasurer of the exclusive bargaining representative.
(2)(a) An employee's written, electronic, or recorded voice authorization to have the employer deduct membership dues from the employee's salary must be made by the employee to the exclusive bargaining representative. If the employer receives a request for authorization of deductions, the employer shall as soon as practicable forward the request to the exclusive bargaining representative.
(b) Upon receiving notice of the employee's authorization from the exclusive bargaining representative, the employer shall deduct from the employee's salary membership dues and remit the amounts to the exclusive bargaining representative.
(c) The employee's authorization remains in effect until expressly revoked by the employee in accordance with the terms and conditions of the authorization.
(d) An employee's request to revoke authorization for payroll deductions must be in writing and submitted by the employee to the exclusive bargaining representative in accordance with the terms and conditions of the authorization.
(e) After the employer receives confirmation from the exclusive bargaining representative that the employee has revoked authorization for deductions, the employer shall end the deduction no later than the second payroll after receipt of the confirmation.
(f) The employer shall rely on information provided by the exclusive bargaining representative regarding the authorization and revocation of deductions.
(3) If the employer and the exclusive bargaining representative of a bargaining unit enter into a collective bargaining agreement that includes requirements for deductions of other payments, the employer must make such deductions upon authorization of the employee.
[ 2019 c 230 s 22; 2018 c 247 s 6; 2010 c 6 s 9.]

catchline: Employee authorization of membership dues and other payments—Revocation.


title: RCW 49.39.090

text:
A collective bargaining agreement may provide for binding arbitration of a labor dispute arising from the application or the interpretation of the matters contained in a collective bargaining agreement.
[ 2019 c 230 s 23; 2010 c 6 s 10.]

catchline: Collective bargaining agreement—Binding arbitration.


title: RCW 49.39.100

text:
(1) After the termination date of a collective bargaining agreement, all of the terms and conditions specified in the collective bargaining agreement remain in effect until the effective date of a subsequent agreement, not to exceed one year from the termination date stated in the agreement. Thereafter, the employer may unilaterally implement according to law.
(2) This section does not apply to provisions of a collective bargaining agreement which both parties agree to exclude from the provisions of subsection (1) of this section and to provisions within the collective bargaining agreement with separate and specific termination dates.
(3) This section shall not apply to collective bargaining agreements in effect or being bargained on June 10, 2010.
[ 2010 c 6 s 11.]

catchline: After termination date of collective bargaining agreement.


title: RCW 49.39.110

text:
In addition to any other method for selecting arbitrators, the parties may request the commission to appoint a qualified person who may be an employee of the commission to act as an arbitrator to assist in the resolution of a labor dispute between the employer and the bargaining representative arising from the application of the matters contained in a collective bargaining agreement. The arbitrator must conduct the arbitration of the dispute in a manner as provided for in the collective bargaining agreement. The commission may not collect any fees or charges from the employer or the bargaining representative for services performed by the commission under this chapter. The provisions of chapter 49.08 RCW do not apply to this chapter.
[ 2010 c 6 s 12.]

catchline: Selection of arbitrators.


title: RCW 49.39.120

text:
It is an unfair labor practice for an employer:
(1) To interfere with, restrain, or coerce symphony musicians in the exercise of their rights guaranteed by this chapter;
(2) To control, dominate, or interfere with a bargaining representative;
(3) To discriminate against a symphony musician who has filed an unfair labor practice charge or who has given testimony under this chapter;
(4) To refuse to engage in collective bargaining.
[ 2010 c 6 s 13.]

catchline: Unfair labor practice—Employer.


title: RCW 49.39.130

text:
It is an unfair labor practice for a bargaining representative:
(1) To interfere with, restrain, or coerce employees in the exercise of their rights guaranteed by this chapter;
(2) To induce the employer to commit an unfair labor practice;
(3) To discriminate against a symphony musician who has filed an unfair labor practice charge or who has given testimony under this chapter;
(4) To refuse to engage in collective bargaining.
[ 2010 c 6 s 14.]

catchline: Unfair labor practice—Bargaining representative.


title: RCW 49.39.140

text:
(1) The commission must prevent unfair labor practices and issue appropriate remedial orders. However, a complaint may not be processed for an unfair labor practice occurring more than six months before the filing of the complaint with the commission or in superior court.
(2) If the commission determines that a person has engaged in or is engaging in an unfair labor practice, the commission must issue and serve upon the person an order requiring the person to cease and desist from the unfair labor practice. The commission may take action to carry out the purposes and policy of this chapter, including requiring the person to pay damages and reinstate employees.
(3) The commission may petition the superior court for the county in which the main office of the employer is located or in which the person who has engaged or is engaging in the unfair labor practice resides or transacts business, for the enforcement of its order and for appropriate temporary relief.
[ 2018 c 252 s 6; 2010 c 6 s 15.]

catchline: Commission must prevent unfair labor practices.


title: RCW 49.39.150

text:
Actions taken by or on behalf of the commission shall be pursuant to chapter 34.05 RCW, or rules adopted in accordance with chapter 34.05 RCW, and the right of judicial review provided by chapter 34.05 RCW is applicable to all actions and rules.
[ 2010 c 6 s 16.]

catchline: Actions by commission subject to chapter 34.05 RCW.


title: RCW 49.40.010

text:
For the purpose of this chapter the term "seasonal labor" shall include all work performed by any person employed for a period of time greater than one month and where the wages for such work are not to be paid at any fixed interval of time, but at the termination of such employment, and where such person is hired within this state for work to be performed outside the state and the wages earned during said employment are to be paid in this state at the termination of such employment: PROVIDED, That this chapter shall not apply to wages earned by seamen or other persons where the payment of their wages is regulated by federal statutes.
[ 1919 c 191 s 1; RRS s 7603.]

catchline: Seasonal labor defined.


title: RCW 49.40.020

text:
Every contract for seasonal labor shall be in writing and signed by the employer and the employee, and may provide for advances of moneys to be earned under such contract or for the furnishing of supplies to the employee before the wages are earned, and for the payment of money or the furnishing of supplies during the season.
[ 1919 c 191 s 2; RRS s 7604.]

catchline: Contracts to be in writing—Advances.


title: RCW 49.40.030

text:
Every employee who with intent to defraud shall have secured advances of money or supplies under a contract for seasonable labor and who with intent to defraud shall wilfully fail to perform sufficient labor to compensate for such advances and supplies made under such contract shall be guilty of a gross misdemeanor.
[ 1919 c 191 s 3; RRS s 7605.]

catchline: Fraud in securing advances—Penalty.


title: RCW 49.40.040

text:
Upon the written petition of either the employer or the employee setting forth in ordinary and concise language the facts and questions in dispute, the director of labor and industries shall, in person or by his or her duly authorized deputy, and is hereby authorized to hear and determine all disputes concerning wages earned at seasonal labor, and allow or reject deductions made from such wages for moneys advanced or supplies furnished before the wages are earned for money paid or supplies furnished during the season or for money paid to third persons upon the written order of the employee.
[ 2010 c 8 s 12033; 1919 c 191 s 4; RRS s 7606.]

catchline: Disputes determined by director of labor and industries.


title: RCW 49.40.050

text:
Upon the filing of any such petition, the director of labor and industries shall notify the other party to the dispute of the time and place when and where such petition will be heard, and may set said petition for a hearing before a regularly appointed deputy at such place in the state as he or she shall determine is most convenient for the parties, and the director or his or her deputy shall have power and authority to issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records at such hearing, and to administer oaths. Obedience to such subpoenas shall be enforced by the courts of the county where such hearing is held.
[ 2010 c 8 s 12034; 1919 c 191 s 5; RRS s 7607.]

catchline: Hearings.


title: RCW 49.40.060

text:
The director of labor and industries, or his or her deputy holding the hearing shall, after such hearing, determine the amount due from the employer to the employee, and shall make findings of fact and an award in accordance therewith, which findings and award shall be filed in the office of the director and a copy thereof delivered to the employer and the employee using an electronic or nonelectronic method by which the findings and award can be tracked or the delivery can be confirmed directed to their last known address. Before using an electronic method for the first time under this section, the director or his or her deputy must provide the employer and the employee the option to receive communication through a nonelectronic method.
[ 2026 c 77 s 19; 2011 c 301 s 15; 2010 c 8 s 12035; 1919 c 191 s 6; RRS s 7608.]

catchline: Findings and award.


title: RCW 49.40.070

text:
Any person aggrieved by the finding or award of the director of labor and industries has the right of appeal in the manner provided in chapter 34.05 RCW.
[ 1987 c 202 s 217; 1919 c 191 s 7; RRS s 7609.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Appeal.


title: RCW 49.40.080

text:
In case no appeal is taken from the award of the director of labor and industries and suit shall be brought upon the contract for seasonal labor in any court of competent jurisdiction, the findings and award of the director made in any proceeding under this chapter at a hearing at which both parties to such suit shall have appeared may be introduced in evidence in such suit, for the information of the court in which the suit is pending, and may, in the discretion of the court, be submitted to the jury as a part of the evidence in the case; but such findings and award shall not be conclusive or binding upon the court or the jury in any such case.
[ 1919 c 191 s 8; RRS s 7610.]

catchline: Findings and award as evidence.


title: RCW 49.44.010

text:
Every person in this state who shall wilfully and maliciously, send or deliver, or make or cause to be made, for the purpose of being delivered or sent or part with the possession of any paper, letter or writing, with or without name signed thereto, or signed with a fictitious name, or with any letter, mark or other designation, or publish or cause to be published any statement for the purpose of preventing any other person from obtaining employment in this state or elsewhere, and every person who shall wilfully and maliciously "blacklist" or cause to be "blacklisted" any person or persons, by writing, printing or publishing, or causing the same to be done, the name, or mark, or designation representing the name of any person in any paper, pamphlet, circular or book, together with any statement concerning persons so named, or publish or cause to be published that any person is a member of any secret organization, for the purpose of preventing such person from securing employment, or who shall wilfully and maliciously make or issue any statement or paper that will tend to influence or prejudice the mind of any employer against the person of such person seeking employment, or any person who shall do any of the things mentioned in this section for the purpose of causing the discharge of any person employed by any railroad or other company, corporation, individual or individuals, shall, on conviction thereof, be adjudged guilty of misdemeanor and punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ninety days nor more than three hundred sixty-four days, or by both such fine and imprisonment.
[ 2011 c 96 s 42; 1899 c 23 s 1; RRS s 7599.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Interference with or discharge from employment of member of organized militia: RCW 38.40.040, 38.40.050.

catchline: Blacklisting—Penalty.


title: RCW 49.44.020

text:
Every person who shall give, offer, or promise, directly or indirectly, any compensation, gratuity, or reward to any duly constituted representative of a labor organization, with intent to influence him or her in respect to any of his or her acts, decisions or other duties as such representative, or to induce him or her to prevent or cause a strike by the employees of any person or corporation, shall be guilty of a gross misdemeanor.
[ 2010 c 8 s 12036; 1909 c 249 s 424; RRS s 2676.]

catchline: Bribery of labor representative.


title: RCW 49.44.030

text:
Every person who, being the duly constituted representative of a labor organization, shall ask or receive, directly or indirectly, any compensation, gratuity, or reward, or any promise thereof, upon any agreement or understanding that any of his or her acts, decisions, or other duties as such representative, or any act to prevent or cause a strike of the employees of any person or corporation shall be influenced thereby, shall be guilty of a gross misdemeanor.
[ 2010 c 8 s 12037; 1909 c 249 s 425; RRS s 2677.]

catchline: Labor representative receiving bribe.


title: RCW 49.44.040

text:
Every person who shall obtain employment or appointment to any office or place of trust, by color or aid of any false or forged letter or certificate of recommendation, shall be guilty of a misdemeanor.
[ 1909 c 249 s 371; RRS s 2623.]

catchline: Obtaining employment by false letter or certificate.


title: RCW 49.44.050

text:
Every employment agent or broker who, with intent to influence the action of any person thereby, shall misstate or misrepresent verbally, or in any writing or advertisement, any material matter relating to the demand for labor, the conditions under which any labor or service is to be performed, the duration thereof or the wages to be paid therefor, shall be guilty of a misdemeanor.
[ 1909 c 249 s 372; RRS s 2624.]
Notes:
Discrimination—Unfair practices of employment agencies: RCW 49.60.200.
False advertising: RCW 9.04.010.

catchline: Fraud by employment agent.


title: RCW 49.44.060

text:
Every person who shall give, offer, or promise, directly or indirectly, any compensation, gratuity, or reward to any agent, employee, or servant of any person or corporation, with intent to influence his or her action in relation to his or her principal's, employer's, or master's business, shall be guilty of a gross misdemeanor.
[ 2010 c 8 s 12038; 1909 c 249 s 426; RRS s 2678.]

catchline: Corrupt influencing of agent.


title: RCW 49.44.080

text:
Every person who shall wilfully and maliciously, either alone or in combination with others, break a contract of service or employment, knowing or having reasonable cause to believe that the consequence of his or her so doing will be to endanger human life or to cause grievous bodily injury, or to expose valuable property to destruction or serious injury, shall be guilty of a misdemeanor.
[ 2010 c 8 s 12039; 1909 c 249 s 281; RRS s 2533.]
Notes:
Injunctions in labor disputes: Chapter 49.32 RCW.
Labor unions—Injunctions in labor disputes: RCW 49.36.015.

catchline: Endangering life by refusal to labor.


title: RCW 49.44.085

text:
A provision of an employment contract or agreement is against public policy and is void and unenforceable if it requires an employee to waive the employee's right to publicly pursue a cause of action arising under chapter 49.60 RCW or federal antidiscrimination laws or to publicly file a complaint with the appropriate state or federal agencies, or if it requires an employee to resolve claims of discrimination in a dispute resolution process that is confidential.
[ 2018 c 120 s 1.]

catchline: Provision requiring an employee to waive right to publicly pursue cause of action is unenforceable.


title: RCW 49.44.090

text:
It shall be an unfair practice:
(1) For an employer or licensing agency, because an individual is forty years of age or older, to refuse to hire or employ or license or to bar or to terminate from employment such individual, or to discriminate against such individual in promotion, compensation or in terms, conditions or privileges of employment: PROVIDED, That employers or licensing agencies may establish reasonable minimum and/or maximum age limits with respect to candidates for positions of employment, which positions are of such a nature as to require extraordinary physical effort, endurance, condition or training, subject to the approval of the executive director of the Washington state human rights commission or the director of labor and industries through the division of industrial relations.
(2) For any employer, licensing agency or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses any limitation, specification or discrimination respecting individuals forty years of age or older: PROVIDED, That nothing herein shall forbid a requirement of disclosure of birthdate upon any form of application for employment or by the production of a birth certificate or other sufficient evidence of the applicant's true age after an employee is hired.
Nothing contained in this section or in RCW 49.60.180 as to age shall be construed to prevent the termination of the employment of any person who is physically unable to perform his or her duties or to affect the retirement policy or system of any employer where such policy or system is not merely a subterfuge to evade the purposes of this section; nor shall anything in this section or in RCW 49.60.180 be deemed to preclude the varying of insurance coverages according to an employee's age; nor shall this section be construed as applying to any state, county, or city law enforcement agencies, or as superseding any law fixing or authorizing the establishment of reasonable minimum or maximum age limits with respect to candidates for certain positions in public employment which are of such a nature as to require extraordinary physical effort, or which for other reasons warrant consideration of age factors.
[ 1993 c 510 s 24; 1985 c 185 s 30; 1983 c 293 s 2; 1961 c 100 s 5.]
Notes:
Severability—1993 c 510: See note following RCW 49.60.010.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
Unfair practices, discrimination because of age: RCW 49.60.180 through 49.60.205.

catchline: Unfair practices in employment because of age of employee or applicant—Exceptions.


title: RCW 49.44.100

text:
(1) It shall be unlawful for any person, firm or corporation not directly involved in a labor strike or lockout to recruit and bring into this state from outside this state any person or persons for employment, or to secure or offer to secure for such person or persons any employment, when the purpose of such recruiting, securing or offering to secure employment is to have such persons take the place in employment of employees in a business owned by a person, firm or corporation involved in a labor strike or lockout, or to have such persons act as pickets of a business owned by a person, firm or corporation where a labor strike or lockout exists: PROVIDED, That this section shall not apply to activities and services offered by or through the Washington employment security department.
(2) Any person violating this section is guilty of a gross misdemeanor.
[ 2003 c 53 s 277; 1961 c 180 s 1.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Bringing in out-of-state persons to replace employees involved in labor dispute—Penalty.