Washington Administrative Code

Determinations as to whether individuals are workers, laborers, or mechanics are based on the scope of work actually performed by the individuals, rather than the title of their occupations.(1) Where additional supervisory duties are required of workers, laborers, or mechanics by…

Current prevailing wage data will be furnished by the office of the industrial statistician upon request.[Statutory Authority: Chapters 39.04 and 39.12 RCW and RCW 43.22.270. WSR 92-01-104, § 296-127-017, filed 12/18/91, effective 1/31/92. Statutory Authority: RCW 39.12.015, 39.1…

(1) The materials covered under this section include but are not limited to: Sand, gravel, crushed rock, concrete, asphalt, or other similar materials.(2) All workers, regardless of by whom employed, are subject to the provisions of chapter 39.12 RCW when they perform any or all …

(1) The industrial statistician shall establish prevailing wage rates by:(a) Conducting wage and hour surveys for established trades and occupations;(b) Adopting the wage and benefit adjustments established in collective bargaining agreements for those trades or occupations where…

(1) The "acceptance date of the public works project" referred to in RCW 39.12.065 is the date that the contract awarding agency formally accepts the completed public works project pursuant to state law.(2) RCW 39.12.050 and 39.12.065 refer to "inadvertent filing or reporting err…

Any apprentice employed on public works projects for whom an apprentice agreement is registered and approved by the state apprenticeship council pursuant to chapter 49.04 RCW within sixty days of hiring may be considered an apprentice and paid the applicable prevailing hourly rat…

(1) Work performed on public works contracts will not require the payment of overtime rates for the first two hours worked in excess of eight hours per day when the employer and employee voluntarily enter into an agreement wherein the employee will work up to ten hours per day in…

The "public building service maintenance contracts" referred to in RCW 39.12.020 shall mean janitorial service contracts and cover only work performed by janitors, waxers, shampooers, and window cleaners.For all building service maintenance contracts, the prevailing wage rates wh…

(1) When a public works project is subject to the provisions of the Washington state public works law, chapter 39.12 RCW, and the Federal Davis-Bacon and related acts, the contractor and every subcontractor on that project must pay at least the Washington state prevailing wage ra…

The prevailing wage requirements of chapter 39.12 RCW do not apply to:(1) Sole owners and their spouses.(2) Any partner who owns at least thirty percent of a partnership.(3) The president, vice president and treasurer of a corporation if each one owns at least thirty percent of t…

Contracts awarded by irrigation districts for the reclamation or development of waste or undeveloped lands are not covered by the prevailing wage law, pursuant to RCW 39.04.010. Any work, construction alteration, repair or improvement that is not solely for the reclamation or dev…

(1) All statements of intent to pay prevailing wages submitted to the industrial statistician of the department shall be accompanied by a forty-dollar filing fee for each statement. Fees shall be made payable to the department of labor and industries.(2) Any agency, division, or …

(1) All affidavits of wages paid submitted to the industrial statistician of the department shall be accompanied by a forty-dollar filing fee for each affidavit of wages paid. All fees shall be made payable to the department of labor and industries.(2) Any agency, division, or de…

A contract awarding agency may, as part of a public works contract, enter into an agreement with a contractor to approve statements of intent to pay prevailing wages and affidavits of wages paid on behalf of the department as provided in RCW 39.12.040(2), pursuant to the followin…

(1) The contract executed between a public authority and the successful bidder or contractor and all of his or her subcontractors shall contain a provision that in case any dispute arises as to what are the prevailing rates of wages for a specific trade, craft or occupation and s…

(1) The petition for arbitration (original and two copies) shall be filed with: Director, Department of Labor and Industries, 7273 Linderson Way Southwest, Tumwater, Washington, or by mail to: Post Office Box 44001, Olympia, WA 98504-4001. In addition, copies of the petition shal…

(1) Interested persons other than the petitioner shall have a reasonable opportunity as specified by the director in particular cases to submit to the director written data, views, or arguments relating to the petition. Such material (original and four copies) shall be filed with…

Any interested party, as defined in RCW 39.12.010(4) may file with the department a complaint alleging a violation of the prevailing wage laws. The complaint must describe the alleged violation and identify the alleged violator. It would aid the department's investigation if the …

(1) The department shall investigate a complaint filed by an interested party unless the complaint was filed more than 60 days after the date the public agency accepted the public work that gave rise to the complaint. The department may, in its sole discretion, investigate a comp…

(1) If the department determines after its investigation that there is reasonable cause to believe that the prevailing wage law has been violated, the department shall notify the violator of its determination. The notice of violation shall be served on the violator personally or …

The violator or any of its sureties who are interested in the matter may request a hearing on a notice of violation. The request for hearing must be filed with the director within 30 days after the date the department issued the notice. The party requesting the hearing must also …

(1) The director may hear the appeal personally or may delegate the authority to hold the hearing and draft a proposed decision to an administrative law judge pursuant to chapter 34.12 RCW. The plaintiff in the hearing shall be the department, and the defendants shall be the viol…

If the director issues a final decision that includes a finding that a contractor violated RCW 39.12.065 and that the contractor owes unpaid prevailing wages, and the finding is not timely appealed or is affirmed by the courts, the findings and the decision are res judicata in an…

(1) Upon receipt of a timely complaint that a contractor has violated RCW 39.12.065, and that the contractor owes unpaid prevailing wages, the department may file a lien against the retainage or bond obtained by the contractor under RCW 60.28.011.(2) Upon issuance by the director…

(1) RCW 39.12.065 (2)(c) authorizes the director to require a contractor to obtain a surety bond "running to the director in the amount of the violation found." The intent and wording indicates that the director may require such a bond only after issuing a final decision finding …

(1) If the director issues a final decision that includes a finding that the contractor has violated RCW 39.12.065 or 39.12.050, and the finding is not timely appealed or is affirmed by the courts, the department may file suit against the appropriate retainage and bonds to recove…

(1) Upon making a recovery pursuant to RCW 39.12.065(2) against a contractor's retainage or bonds, the department shall distribute the proceeds and any award of attorneys' fees and costs as follows:(a) The recovery shall be paid to the employees of the violator who did not receiv…

All papers required to be filed with the director under this chapter or chapter 39.12 RCW shall be addressed to: Director, Department of Labor and Industries, 7273 Linderson Way Southwest, Tumwater, Washington, or by mail to: Post Office Box 44001, Olympia, WA 98504-4001.Filing a…

The department shall maintain a list of all contractors who are forbidden to bid on a public works project, or to have a bid accepted, pursuant to RCW 39.12.065(3), 39.12.055, 39.12.050, and 39.12.130. To the extent required by RCW 39.12.065(3), 39.12.055, 39.12.050, and 39.12.13…

(1) Each contractor, subcontractor, or employer shall keep accurate payroll records for three years from the date of acceptance of the public works project by the contract awarding agency, showing the employee's full name, address, Social Security number, trade or occupation, cla…

If any provision of this chapter or its application to any persons or circumstances is held invalid by state or federal court, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.[Statutory Authority: Chapters 39.04 a…

For all employees who are subject to RCW 49.46.020, employers shall be required to keep and preserve payroll or other records containing the following information and data with respect to each and every employee to whom said section of said act applies:(1) Name in full, and on th…

(1) In addition to the records required by WAC 296-128-010, employers who employ individuals as truck or bus drivers subject to the provisions of the Federal Motor Carrier Act shall maintain records indicating the base rate of pay, the overtime rate of pay, the hours worked by ea…

(1)(a) The compensation system under which a truck or bus driver subject to the provisions of the Federal Motor Carrier Act is paid shall include overtime pay at least reasonably equivalent to that required by RCW 49.46.130 for working in excess of forty hours a week. To meet thi…

(1) A workweek is a fixed and regularly recurring period of one hundred sixty-eight hours or seven consecutive twenty-four-hour periods. It may begin on any day of the week and any hour of the day, and need not coincide with a calendar week.(2) A workday is a fixed and regularly …

Unless otherwise specifically authorized by the director all records required under WAC 296-128-010 shall be kept for a period of at least three years.[Regulation 294.7.001 (part), filed 12/30/60.]

Each employer shall keep the records required by this regulation safe and accessible at the place or places of employment or at one or more established central recordkeeping offices where such records are customarily maintained. All such records shall be open at any time to inspe…

(1) Submission of petitions for relief. Any employer or group of employers who, due to peculiar conditions under which he or they must operate, desires authority to maintain records in a manner other than required in this regulation, or to be relieved of preserving certain record…

(1) This rule shall apply to employers and employees subject to chapter 49.46 RCW.Note:Employers and employees not subject to this regulation may still be subject to the payment interval requirements of WAC 296-126-023 or 296-131-010.(2) Definitions:(a) "Monthly interval" means a…

This regulation is promulgated in accordance with RCW 49.46.060.[§ 1, Regulation 294.6.003, filed 3/23/60.]

As used in this regulation:(1) A "learner" is a worker whose total experience in an authorized learner occupation is less than the period of time allowed as a learning period for that occupation in a learner certificate issued pursuant to these regulations.(2) An "experienced wor…

(1) Whenever the employment of learners at wages lower than the minimum wage applicable under RCW 49.46.020 is believed necessary to prevent curtailment of opportunities for employment by a specified employer, an application for a certificate authorizing the employment of such le…

(1) Upon receipt of an application for a learner certificate or renewal of such certificate the director or his authorized representative shall consider all relevant facts and, subject to the conditions specified in WAC 296-128-120, shall issue or deny a learner certificate or, i…

The following conditions shall govern the issuance of a special certificate authorizing the employment of learners at subminimum wage rates:(1) An adequate supply of qualified experienced workers is not available for employment; the experienced workers presently employed in occup…

(1) A learner certificate, if issued, shall specify, among other things:(a) The number or proportion of learners authorized to be employed on any one day;(b) The occupations in which learners may be employed;(c) The subminimum wage rates permitted for each learner occupation duri…

The director or his authorized representative may specify additional records to be kept by employers of learners as a condition to compliance with the learner certificate.[§ 7, Regulation 294.6.003, filed 3/23/60.]

The director may amend or revoke a learner certificate when it is necessary by reason of changes in these regulations, or where the employer has violated its terms, or where the certificate was obtained by misleading or false statements, or where changed conditions warrant it in …

(1) Upon application of any person or persons, representing any industry or branch thereof, or upon his own motion, the director, if he deems it advisable, may, after appropriate and timely notice to interested parties, cause a hearing to be held to determine the need for employm…

(1) Any person aggrieved by the action of the director or his authorized representative denying or granting a learner certificate may within fifteen days after mailing of notice of such action file a written request for reconsideration with the director.(2) A request for a recons…

The director may at any time upon his own motion or upon written request of any interested persons setting forth reasonable grounds therefor amend or revoke any of the terms of this regulation or of any supplemental regulations promulgated in accordance with WAC 296-128-140 after…