Washington Administrative Code

(1) A transportation network company must not request or require verification of a driver's authorized use except as permitted under RCW 49.46.210.(2) For a driver's use of paid sick time for an absence exceeding three calendar days, a transportation network company may require v…

(1) A transportation network company may, but is not required to, frontload paid sick time to a driver in advance of accrual.(2) If a transportation network company frontloads paid sick time, the transportation network company must ensure that such frontloaded paid sick time comp…

(1) Transportation network companies may contract with a third-party administrator in order to administer the earned paid sick time requirements under RCW 49.46.210 and applicable rules. A transportation network company may contract with the driver resource center to act as a thi…

(1) Transportation network companies must notify each driver of the driver's entitlement to paid sick time, the rate at which the driver will accrue paid sick time, the authorized purposes for which paid sick time may be used, and that retaliation by the transportation network co…

(1) A transportation network company may, but is not required to, establish a shared paid sick time program in which a driver may choose to donate paid sick time to another driver.(2) If a transportation network company establishes a shared paid sick time program, the company mus…

(1) If a transportation network company can demonstrate that a driver's use of paid sick time was for a purpose not authorized under RCW 49.46.210(5), the transportation network company may withhold payment of paid sick time for such hours, but may not subsequently deduct those h…

(1) If a driver files a complaint with the department alleging a transportation network company violated any compensation-related requirements of RCW 49.46.300, or any associated rules, the department will investigate the complaint under the provisions of RCW 49.46.320. "Compensa…

(1) Upon receiving information suggesting that a transportation network company may have violated the remittance provisions of RCW 49.46.330, the department will investigate the applicable provisions of that section.(2) If the department determines that a transportation network c…

(1) If a driver files a complaint with the department alleging that the transportation network company failed to provide the driver with earned paid sick time as provided in RCW 49.46.210, or any associated rules, the department will investigate the complaint as an alleged violat…

(1) The department will investigate any allegations that a transportation network company violated any of the protections of RCW 49.46.340, or any associated rules, pursuant to the enforcement procedures outlined in RCW 49.46.340.(2) During an investigation, if the department dis…

(1) If a driver files a complaint with the department alleging a violation of any noncompensation requirement of RCW 49.46.210, 49.46.300 or any associated rules, the department will investigate the complaint under RCW 49.46.330.(2) During an investigation, if the department disc…

(1) Nothing in these rules limits the department's authority to enforce RCW 49.46.200 through 49.46.350, or associated rules, as otherwise provided under Title 49 RCW.(2)(a) A transportation network company that qualifies under (b) of this subsection may seek a temporary variance…

It is in the public interest for employers to accommodate employees by providing reasonable leaves from work for family reasons. This chapter serves to establish a minimum standard allowing an employee to use the employee's sick leave or other paid time off to care for a sick fam…

(1) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees. Employer also includes the state, any …

(1) If, under the terms of a collective bargaining agreement or employer policy applicable to an employee, the employee is entitled to sick leave or other paid time off, then an employer must allow an employee to use any or all of the employee's choice of sick leave or other paid…

An employer must not discharge, threaten to discharge, demote, suspend, discipline, or otherwise discriminate against an employee because the employee:(1) Has exercised, or attempted to exercise, any right provided under RCW 49.12.270 through 49.12.295; or(2) Has filed a complain…

(1) An employee who believes that his or her employer has not complied with RCW 49.12.270 through 49.12.295, or this chapter, may file a complaint with the department within six months of the alleged violation. The complaint should contain the following:(a) The name and address o…

(1) The department will furnish each employer a poster describing an employee's rights and an employer's obligations provided in this chapter.(2) The employer must keep posted a current edition department poster stipulating the provisions of this chapter. The employer must displa…

The department may issue a notice of infraction to an employer who violates RCW 49.12.270 through 49.12.295. The employment standards supervisor will direct that notices of infraction contain the following when issued:(1) A statement that the notice represents a determination tha…

(1) If an employer is a corporation or a partnership, the department is not required to serve the employer personally. In such a case, if no officer or partner of a violating employer is present, the department may issue a notice of infraction to any supervisor or managerial empl…

(1) If an employer desires to contest the notice of infraction issued, the employer will file two copies of a notice of appeal with the department at the office designated on the notice of infraction, within twenty days of issuance of the infraction.(2) The department must:(a) Co…

An employer found to have committed an infraction under RCW 49.12.270 through 49.12.295 may be assessed the maximum penalty of a fine of two hundred dollars for the first noncompliance violation. An employer that continues to violate the terms of the statute may be subject to a f…

Nothing in this chapter will be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish leave benefits in excess of the applicable provisions o…

These standards, adopted pursuant to sections 83 through 86, chapter 380, Laws of 1989, shall apply to persons employed in agricultural labor as defined in RCW 50.04.150 and WAC 296-131-005. The standards in this chapter beginning at WAC 296-131-100 shall apply only to minors emp…

For the purpose of these rules:(1) A "minor" is a person of either gender, employed in agricultural labor, who is under the age of eighteen years.(2) "Agricultural labor" is defined as services performed:(a) On a farm, in the employ of any person, in connection with the cultivati…

In order to carry out the purposes of this chapter, the director or the director's authorized representative is authorized:(1) To enter without delay any work site or area or other environment where work is performed by an employee or where employment records are, or are required…

(1) This rule shall apply to employers and employees engaged in agricultural labor as defined in RCW 50.04.150 and subject to WAC 296-131-001.Note:Employers and employees not subject to this regulation may still be subject to the payment interval requirements of WAC 296-126-023 o…

A pay statement shall be provided to each employee at the time wages are paid. The pay statement shall identify the employee, show the number of hours worked or the number of days worked based on an eight-hour day, the rate or rates of pay, the number of piece work units earned i…

(1) Every employer shall keep for at least three years a record of the name, address, and occupation of each employee, dates of employment, rate or rates of pay, amount paid each pay period to each such employee and the hours worked.(2) Every employer shall make the records descr…

(1) Every employee employed more than five hours shall receive a meal period of at least thirty minutes. Employees working eleven or more hours in a day shall be allowed at least one additional thirty-minute meal period.(2) Every employee shall be allowed a rest period of at leas…

(1) Within three days after the commencement of employment of one or more minors, an employer shall file with the department an application for a permit to employ minors. When validated by the supervisor of employment standards, this permit will authorize the employer to employ f…

(1) An employer of a minor shall be required to annually obtain written authorization from a minor's parent before employing the minor.(2) Except when performing intermittent weekend work, a minor who is legally required to attend school and who is working during the school year …

(1) At least one copy of a valid permit to employ minors shall be posted in a conspicuous place at the workplace specified in the permit.(2) An informational poster supplied by the department, describing in English and Spanish the rights of agricultural employees under this chapt…

No minor under the age of fourteen shall be employed in agriculture at any time except as follows: Minors twelve and thirteen years of age may be employed in the hand harvest of berries, bulbs, and cucumbers and in the hand cultivation of spinach during weeks when school is not i…

Except where a higher minimum wage is required by Washington state or federal law:(1) Every employer shall pay to each employee who has reached their sixteenth or seventeenth year of age a rate of pay per hour which is equal to the hourly rate required by RCW 49.46.020 for employ…

(1) Minors legally required to attend school may not be employed during school hours except by special permission from school officials as provided in RCW 28A.27.010 and 28A.27.090.(2)(a) Minors under the age of sixteen may work up to three hours a day on school days, up to eight…

(1) Employment in the following occupations in agriculture is prohibited to minors under the age of sixteen:(a) Operating a tractor of over 20 PTO horsepower, or connecting or disconnecting an implement or any of its parts to or from such a tractor.(b) Operating or assisting to o…

Where weights in excess of twenty pounds are to be lifted, carried, pushed, or pulled as a normal part of an employee's responsibility, the employer shall instruct minors on correct weight lifting techniques prior to the commencement of work and display a poster developed by the …

In addition to the records required under WAC 296-131-017, an employer is responsible for obtaining and keeping on file for one year the following information concerning each minor employee:(1) Proof of age by means of a copy of one of the following: Birth certificate; driver's l…

(1) The department may revoke any employer's permit to employ minors upon a showing that the conditions of its issuance are not being met, or that other conditions exist which are detrimental to the health, safety, or welfare of the minor.(2) The department may refuse to issue or…

(1) Upon written application from an employer or an organization representing employers, a variance permitting employment of minors otherwise prohibited under WAC 296-131-120 or 296-131-125 may be granted for good cause shown. The employer or the organization representing employe…

These rules are adopted pursuant to the authority of section 8, chapter 156, Laws of 1972 ex. sess., (hereinafter referred to as the "act") as supplementary to the act for the purpose of providing rules of procedure to aid and assist the department of labor and industries, its au…

It is the policy of the department to expedite the settlement of labor disputes between health care activities and their employees and to promote peace in labor relations and nothing in these rules should be construed to prevent the department and its authorized agents, where not…

These rules shall be liberally construed to effectuate the purposes and provisions of the act.[Order 72-13, § 296-133-030, filed 7/31/72.]

Any terms used in these rules that are defined in the act shall have the same meaning as set forth therein.[Order 72-13, § 296-133-040, filed 7/31/72.]

"Petitioner" shall mean any person, employer or employee association authorized to request the department to take action under the provisions of the act or these rules.[Order 72-13, § 296-133-050, filed 7/31/72.]

"Authorized agent" of the department shall mean the director, the supervisor of industrial relations, a labor mediator or a hearing officer specifically authorized by the director to conduct proceedings under the act.[Order 72-13, § 296-133-060, filed 7/31/72.]

In order to qualify as an employee association as referred to in section 3 of the act, any such organization or association:(1) Upon request by the authorized agent, or any party of interest, must produce authentic records of how, when and by whom the organization was formed.(2) …

Applications to the department regarding the selection of a bargaining representative to represent employees of a bargaining unit of an employer shall be by petition on such form or forms as may be provided by the department. A written petition may be accepted by the department i…

The petition for certification, decertification or amendment of certification of the representative of a bargaining unit must be filed either:(1) With the Supervisor, Division of Industrial Relations, Department of Labor and Industries, General Administration Building, Olympia, W…