Washington Administrative Code

This regulation is issued in accordance with RCW 49.46.060, to provide for the employment under special certificates of student learners at wages less than the minimum provided in RCW 49.46.020, in order to prevent curtailment of opportunities for employment. Such certificates sh…

(1) A "student learner" is a student who is receiving instruction in an accredited school, college, or university, and who is employed on a part-time basis in a bona fide vocational training program, or in a job-training program established by an accredited school and approved by…

(1) Whenever the employment of a student learner at wages lower than the minimum wage applicable under RCW 49.46.020 is believed necessary to prevent curtailment of opportunities for employment, an application for a special certificate authorizing the employment of such student l…

(1) Upon receipt of application for the employment of a student learner the director or his authorized representative shall either issue a special certificate or deny the application. To the extent deemed necessary the director or his authorized representative may provide an oppo…

The following conditions must be satisfied before a special certificate may be issued authorizing employment of student learners at subminimum wages:(1) Any training program under which the student learner will be employed must be a bona fide vocational training program as define…

(1) The special student learner certificate if issued shall specify among other things: (a) The name of the student learner; (b) the name and address of the employer; (c) the name of the school which provides the related school instruction; (d) the occupation in which the student…

A special student learner certificate may be issued for a period not to exceed the length of one school year unless the director finds that a longer period is justified by extraordinary circumstances.[§ 7, Regulation 294.6.004, filed 3/23/60.]

Any person aggrieved by the action of the director or his authorized representative in denying or granting a special student learner certificate may within fifteen days after the mailing of notice of such action file a written request for review which will be granted where such r…

Any person desiring revision of any of the terms of this regulation may submit in writing to the director a petition setting forth the changes desired and the reasons for proposing them. If the director believes that reasonable cause for amendment of this regulation is set forth …

The director or his authorized representative, to the extent necessary to prevent curtailment of employment opportunities, shall issue special certificates to employers or apprenticeship committees as defined in RCW 49.04.040 authorizing the employment of apprentices in skilled t…

The term "apprentice" shall mean a person at least 16 years of age who is covered by a written agreement registered with the Washington state apprenticeship council providing for not less than 4,000 hours of reasonably continuous employment for such person, and for his participat…

Before an apprentice may be employed at subminimum wages, the employer or apprenticeship committee shall have submitted an apprenticeship agreement for registration with the director of apprenticeship or the apprenticeship council of the department of labor and industries.[§ 3, R…

(1) Upon being informed by the director of apprenticeship that such apprenticeship agreement has been accepted for registration in accordance with RCW 49.04.030, and that such agreement calls for employment of apprentices at subminimum wages, the director, or his authorized repre…

(1) Each special certificate shall specify the conditions and limitations under which it is granted, including the name of the apprentice, the skilled trade in which he is to be employed, the subminimum wage rates and the periods of time during which such wage rates may be paid.(…

The director or his authorized representative may conduct an investigation, which may include a hearing, prior to issuing or denying an application for special certificate. To the extent he deems appropriate, the director, or his authorized representative, may provide an opportun…

The regulations hereinafter set forth are issued pursuant to RCW 49.46.060 to provide for the employment by educational institutions under special certificates of student workers as learners at wages lower than the minimum wage applicable under RCW 49.46.020. Such certificates sh…

As used in the regulations:(1) A "student worker" is a student who is receiving instruction in a bona fide educational program in an educational institution and who is employed on a part-time basis by the educational institution from which the student is receiving his instruction…

Whenever the employment of student workers as learners at wages lower than the minimum wage applicable under RCW 49.46.020 is believed necessary to prevent curtailment of opportunities for employment in a specified educational institution, applications for special certificates au…

Upon receipt of an application for the employment of student workers as learners, the director or his authorized representative shall issue or deny a special certificate authorizing employment of student workers. To the extent he deems appropriate, the director or his authorized …

The following conditions shall govern the issuance of a special certificate authorizing the employment of student workers as learners by an educational institution at subminimum wage rates:(1) The employment of the student workers at subminimum wages authorized by the certificate…

The student worker certificate, if issued, shall specify, among other things:(1) The name and address of the educational institution employing the student workers;(2) The occupations in which the student workers are employed;(3) The number of student workers to be employed in any…

The subminimum wage rate shall be not less than 75 percent of the minimum wage rate established by RCW 49.46.020, as it may be amended.[§ 7, Regulation 294.6.001, filed 3/23/60.]

In addition to any other records required by reason of the Washington Minimum Wage and Hour Act, the educational institution shall keep and maintain the following records specifically relating to student workers employed at subminimum wage rates:(1) Each student worker employed u…

The director of the department of labor and industries or his authorized representative may amend the provisions of a student worker certificate or he may revoke such certificate where it is shown to his satisfaction that its provisions have not been complied with.[§ 9, Regulatio…

(1) Applicability of order. This order shall apply to all minors employed in any industry or establishment in the state of Washington who are not expressly covered by another minimum wage and welfare order issued by the industrial welfare committee, except: Minors employed:(a) By…

(1) This regulation is adopted in accordance with chapter 49.46 RCW to define the terms "bona fide executive, administrative, or professional capacity or in the capacity of outside salesperson," to define salary basis and to establish a procedure for computing overtime pay.(2) An…

(1) "Customarily and regularly" means a frequency that must be greater than occasional but which, of course, may be less than constant. Tasks or work performed "customarily and regularly" includes work normally and recurrently performed every workweek; it does not include isolate…

(1) The term "individual employed in a bona fide executive … capacity" in RCW 49.46.010 (3)(c) shall mean any employee:(a) Whose primary duty is management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof; and(b)…

(1) The term "individual employed in a bona fide … administrative … capacity" in RCW 49.46.010 (3)(c) shall mean any employee:(a) Whose primary duty is the performance of office or nonmanual work directly related to the management or general business operations of the employer or…

(1) The term "individual employed in a bona fide … professional capacity" in RCW 49.46.010 (3)(c) shall mean any employee:(a) Whose primary duty consists of the performance of work:(i) Requiring knowledge of an advanced type in a field of science or learning customarily acquired …

(1) When does this section apply? This section applies to any employee who is paid on a salary basis and who meets the definitions of executive, administrative, or professional.(2) What does salary basis mean? Salary is where an employee regularly receives for each pay period of …

(1) How do the provisions specified in WAC 296-128-532 affect public employees? WAC 296-128-532 (1) through (5) is applicable to public employees, except that deductions from salary or leave banks are permitted in the following additional circumstances.(a) Deductions from salary …

(1) The term "individual employed in a bona fide … professional capacity" in RCW 49.46.010 (3)(c) shall also mean any employee:(a) Who is a computer system analyst, computer programmer, software engineer, or other similarly skilled worker; and(b) Whose primary duty consists of on…

The term "individual employed in the capacity of outside salesperson" in RCW 49.46.010 (3)(c) shall mean any employee:(1) Whose primary duty is:(a) Making sales; including any sale, exchange, contract to sell, consignment for sale, shipment for sale or other disposition; or(b) Ob…

To qualify as an exempt employee under this section, an employee must be compensated on a salary or fee basis, exclusive of board, lodging, or other facilities, as follows:(1) Beginning July 1, 2020, and through December 31, 2020, an amount not less than 1.25 times the minimum wa…

The regular rate of pay shall be the hourly rate at which the employee is being paid, but may not be less than the established minimum wage rate. Employees who are compensated on a salary, commission, piece rate or percentage basis, rather than an hourly wage rate, unless specifi…

The provisions of chapter 49.46 RCW requiring one and one-half times the regular rate of pay for hours worked in excess of forty per week does not apply to any person who requests compensating time off in lieu of overtime pay. Therefore, compensating time may be as agreed upon by…

(1) "Absences exceeding three days" means absences exceeding three consecutive days an employee is required to work. For example, assume an employee is required to work on Mondays, Wednesdays, and Fridays, and then the employee uses paid sick leave for any portion of those three …

Where these rules set forth requirements for an employer to have a written policy (WAC 296-128-650(3), 296-128-660(2), 296-128-710(2), and 296-128-730(4)), the department shall, in consultation with employee and employer representatives, develop sample policies which meet the dep…

(1) Employees accrue paid sick leave for all hours worked. An employee must accrue at least one hour of paid sick leave for every forty hours worked as an employee. Employers may provide employees with a more generous paid sick leave accrual rate.(2) Paid sick leave for employees…

(1) An employee is entitled to use paid sick leave for the authorized purposes outlined in RCW 49.46.210 (1)(b) and (c). This right means an employee has the choice about whether or not to use accrued, unused paid sick leave when a qualified purpose occurs and an employer may not…

(1) The department shall grant a variance from the increments required by WAC 296-128-630(4) for "good cause." Good cause means situations where an employer can establish that compliance with the requirements for increments of use are infeasible, and that granting a variance does…

(1) An employer may require employees to give reasonable notice of an absence from work for the use of paid sick leave for an authorized purpose under RCW 49.46.210 (1)(b). Employers may require employees to comply with the employer's notification policies, as long as such polici…

(1) For absences exceeding three days, an employer may require verification that an employee's use of paid sick leave is for an authorized purpose under RCW 49.46.210 (1)(b) and (c).(2) If an employer requires verification for the use of paid sick leave under RCW 49.46.210 (1)(b)…

(1) For each hour of paid sick leave used, an employee must be paid the greater of the minimum hourly wage rate established by RCW 49.46.020 or their normal hourly compensation.(2) For each hour of paid sick leave paid out to a construction worker following separation, the constr…

(1) Unless verification for absences exceeding three days is required by an employer, the employer must pay paid sick leave to an employee no later than the payday for the pay period in which the paid sick leave was used by the employee. If verification is required by the employe…

Except as provided for construction workers by RCW 49.46.210 (1)(l) (effective January 1, 2024) and applicable rules, and provided for construction workers covered by collective bargaining agreements by RCW 49.46.180 and applicable rules:(1) When an employee separates from employ…

(1) A PTO program is a program that combines more than one type of leave, including all paid sick leave, into one bank of leave (i.e., a program that combines vacation leave, or other discretionary forms of leave, and paid sick leave into one bank). Paid time off (PTO) provided t…

(1) An employer may establish a shared paid sick leave program in which an employee may choose to donate paid sick leave to a co-worker.(2) If an employer establishes a shared paid sick leave program, the employer must have a written policy or a collective bargaining agreement wh…

(1) An employer may not require, as a condition of an employee using paid sick leave, that the employee search for or find a replacement worker to cover the hours during which the employee is using paid sick leave.(2) Upon mutual agreement by the employer and employee(s) involved…