RCW 50.24.015 — Washington Code / Title 50 / Chapter 24 / Section 015
RCW 50.24.015: Wages—Deemed paid when contractually due.
Status: in_force

For the purposes of liability for, collection of, and assessment of contributions, wages shall be deemed paid when such wages are contractually due but are unpaid because of the refusal or inability of the employer to make such payment.
RCW 50A.25.080 — Washington Code / Title 50A / Chapter 25 / Section 080
RCW 50A.25.080: Access to information—Legislature.
Status: in_force

The state legislature may have access to information or records deemed private and confidential under this chapter if the following requirements are met: (1) The legislature, a legislative committee, a legislator, or a staff member finds that the information or records are necessary and for official purposes; and (2) The individuals and organizations whose information is contained within the confidential records requested must provide a signed disclosure that manifests the individual's or organization's informed consent to the disclosure of the records or information to the legislature, legislative committee, legislator, or staff member.
RCW 50.20.044 — Washington Code / Title 50 / Chapter 20 / Section 044
RCW 50.20.044: Ineligibility for benefits for failure to attend job search workshop or training course.
Status: in_force

If an otherwise eligible individual fails without good cause, as determined by the commissioner under rules prescribed by the commissioner, to attend a job search workshop or a training or retraining course when directed by the department and such workshop or course is available at public expense, such individual shall not be eligible for benefits with respect to any week in which such failure occurred.
RCW 50.04.074 — Washington Code / Title 50 / Chapter 04 / Section 074
RCW 50.04.074: Department.
Status: in_force

"Department" means the employment security department, unless the context clearly indicates otherwise.
RCW 50A.40.030 — Washington Code / Title 50A / Chapter 40 / Section 030
RCW 50A.40.030: Damages.
Status: in_force

(1) Any employer who violates RCW 50A.40.010 is liable for damages. (2) Damages are owed to the employee and must be paid by the employer to the employee directly. (3)(a) Damages include: (i) Any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; or (ii) In a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to wages or salary for the employee for up to sixteen weeks, or eighteen weeks if the employee experiences a serious health condition with a pregnancy that results in incapacity. (b) Any employer who violates RCW 50A.40.010 is also liable for interest accrued on the damages assessed in this subsection. (4) For a willful violation, the employer is also liable for an additional amount as liquidated damages equal to the sum of the amount described in subsection (3)(a) of this section and the interest described in subsection (3)(b) of this section. For purposes of this section, "willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute. All liquidated damages are owed to the employee and must be paid to the employee directly. (5) Interest in this section is calculated at the prevailing rate.
RCW 50.06.030 — Washington Code / Title 50 / Chapter 06 / Section 030
RCW 50.06.030: Application for initial determination of disability—Special base year—Special individual benefit year.
Status: in_force

(1) In the case of individuals eligible under RCW 50.06.020 (1), an application for initial determination made pursuant to this chapter, to be considered timely, must be filed in accordance with RCW 50.20.140 within twenty-six weeks following the week in which the period of temporary total disability commenced. Notice from the department of labor and industries shall satisfy this requirement. The records of the agency supervising the award of compensation shall be conclusive evidence of the fact of temporary disability and the beginning date of such disability. (2) In the case of individuals eligible under RCW 50.06.020 (2), an application for initial determination must be filed in accordance with RCW 50.20.140 within twenty-six weeks following the week in which the period of temporary total physical disability commenced. This filing requirement is satisfied by filing a signed statement from the attending physician stating the date that the disability commenced and stating that the individual was unable to reenter the workforce during the time of the disability. The department may examine any medical information related to the disability. If the claim is appealed, a base year employer may examine the medical information related to the disability and require, at the employer's expense, that the individual obtain the opinion of a second health care provider selected by the employer concerning any information related to the disability. (3) The employment security department shall process and issue an initial determination of entitlement or nonentitlement as the case may be. (4) For the purpose of this chapter, a special base year is established for an individual consisting of either the first four of the last five completed calendar quarters or the last four completed calendar quarters immediately prior to the first day of the calendar week in which the individual's temporary total disability commenced, and a special individual benefit year is established consisting of the entire period of disability and a fifty-two consecutive week period commencing with the first day of the calendar week immediately following the week or part thereof with respect to which the individual received his or her final temporary total disability compensation under the applicable industrial insurance or crime victims compensation laws, or the week in which the individual reentered the workforce after an absence under subsection (2) of this section, as applicable, except that no special benefit year shall have a duration in excess of three hundred twelve calendar weeks: PROVIDED HOWEVER, That such special benefit year will not be established unless the criteria contained in RCW 50.04.030 has been met, except that an individual meeting the eligibility requirements of this chapter and who has an unexpired benefit year established which would overlap the special benefit year provided by this chapter, notwithstanding the provisions in RCW 50.04.030 relating to the establishment of a subsequent benefit year and RCW 50.40.010 relating to waiver of rights, may elect to establish a special benefit year under this chapter: PROVIDED FURTHER, that the unexpired benefit year shall be terminated with the beginning of the special benefit year if the individual elects to establish such special benefit year. (5) For the purposes of establishing a benefit year, the department shall initially use the first four of the last five completed calendar quarters as the base year. If a benefit year is not established using the first four of the last five calendar quarters as the base year, the department shall use the last four completed calendar quarters as the base year.
RCW 50.32.160 — Washington Code / Title 50 / Chapter 32 / Section 160
RCW 50.32.160: Attorneys' fees.
Status: in_force

It shall be unlawful for any attorney engaged in any appeal to the courts on behalf of an individual involving the individual's application for initial determination, or claim for waiting period credit, or claim for benefits to charge or receive any fee therein in excess of a reasonable fee to be fixed by the superior court in respect to the services performed in connection with the appeal taken thereto and to be fixed by the supreme court or the court of appeals in the event of appellate review, and if the decision of the commissioner shall be reversed or modified, such fee and the costs shall be payable out of the unemployment compensation administration fund. In the allowance of fees the court shall give consideration to the provisions of this title in respect to fees pertaining to proceedings involving an individual's application for initial determination, claim for waiting period credit, or claim for benefits. In other respects the practice in civil cases shall apply.
RCW 50.20.220 — Washington Code / Title 50 / Chapter 20 / Section 220
RCW 50.20.220: Federal income tax deduction and withholding—Notice—Rules.
Status: in_force

(1) An individual filing a new claim for unemployment insurance must, at the time of filing such claim, be advised that: (a) Unemployment insurance is subject to federal income tax; (b) Requirements exist pertaining to estimated tax payments; (c) The individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment insurance at the amount specified in the federal internal revenue code; and (d) The individual is permitted to change a previously elected withholding status. (2) Amounts deducted and withheld from unemployment compensation must remain in the unemployment fund until transferred to the federal taxing authority as a payment of income tax. (3) The commissioner shall follow all procedures specified by the United States department of labor and the federal internal revenue service pertaining to the deducting and withholding of income tax. (4) The commissioner shall adopt rules to implement this section. Amounts shall be deducted and withheld in accordance with the priorities established in rules adopted by the commissioner.
RCW 50.12.140 — Washington Code / Title 50 / Chapter 12 / Section 140
RCW 50.12.140: Destruction of office records.
Status: in_force

The commissioner may destroy any form, claim, ledger, check, letter, or other record of the employment security department at the expiration of three years after such record was originated by or filed with the employment security department, except that warrants and claims, claim determination, employer liability forms and contribution reports may be destroyed at the expiration of six years after such form is originated by or filed with the employment security department, and except that this section shall not apply to records pertaining to grants, accounts or expenditures for administration, records of the unemployment compensation fund and the unemployment compensation administration fund.
RCW 50.13.020 — Washington Code / Title 50 / Chapter 13 / Section 020
RCW 50.13.020: Information or records deemed private and confidential—Exceptions.
Status: in_force

Any information or records concerning an individual or employing unit obtained by the employment security department pursuant to the administration of this title shall be private and confidential, except as otherwise provided in this chapter. This chapter does not create a rule of evidence. Information or records may be released by the employment security department when the release is: (1) Required by the federal government in connection with, or as a condition of funding for, a program being administered by the employment security department; or (2) Requested by a county clerk for the purposes of RCW 9.94A.760 . The provisions of RCW 50.13.060 (1) (a), (b) and (c) will not apply to such release.
RCW 50.04.110 — Washington Code / Title 50 / Chapter 04 / Section 110
RCW 50.04.110: Employment—Situs of service.
Status: in_force

The term "employment" shall include an individual's entire service performed within or without or both within and without this state, if (1) The service is localized in this state; or (2) The service is not localized in any state, but some of the service is performed in this state, and (a) the base of operations, or if there is no base of operations, then the place from which such service is directed or controlled is in this state; or (b) the base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this state; or (3) The service is performed within the United States, the Virgin Islands or Canada, if (a) such service is not covered under the unemployment compensation law of any other state, the Virgin Islands or Canada, and (b) the place from which the service is directed or controlled is in this state.
RCW 50.60.050 — Washington Code / Title 50 / Chapter 60 / Section 050
RCW 50.60.050: Approved plan—Misrepresentation—Penalties.
Status: in_force

If an approved plan or any representation for implementation of the plan is intentionally and substantially misleading or false, any individual who participated in any such misrepresentation shall be subject to criminal prosecution as well as personal liability for any amount of benefits deemed by the commissioner to have been improperly paid from the fund as a result thereof. This provision for personal liability is in addition to any remedy against individual claimants for collection of overpayment of benefits if such claimants participated in or were otherwise at fault in the overpayment.
RCW 50.04.230 — Washington Code / Title 50 / Chapter 04 / Section 230
RCW 50.04.230: Employment—Services of insurance agent, broker, or solicitor, real estate broker or real estate salesperson, and investment company agent or solicitor.
Status: in_force

The term "employment" shall not include service performed by an insurance agent, insurance broker, or insurance solicitor or a real estate broker or a real estate salesperson to the extent he or she is compensated by commission and service performed by an investment company agent or solicitor to the extent he or she is compensated by commission. The term "investment company", as used in this section is to be construed as meaning an investment company as defined in the act of congress entitled "Investment Company Act of 1940."
RCW 50.29.030 — Washington Code / Title 50 / Chapter 29 / Section 030
RCW 50.29.030: "Wages" defined for purpose of prorating benefit charges.
Status: in_force

For the purpose of prorating benefit charges "wages" shall mean "wages" as defined for purpose of payment of benefits in RCW 50.04.320 .
RCW 50.24.230 — Washington Code / Title 50 / Chapter 24 / Section 230
RCW 50.24.230: Corporate or limited liability company officers, members, and owners—Personal liability.
Status: in_force

(1) Upon termination, dissolution, or abandonment of a corporate or limited liability company business, any officer, member, or owner who, having control or supervision of payment of unemployment tax contributions under RCW 50.24.010 or 50.24.014 : (a) Willfully evades any contributions imposed under this title; (b) willfully destroys, mutilates, or falsifies any book, document, or record; or (c) willfully fails to truthfully account for, or makes under oath, any false statement relating to the financial condition of the corporation or limited liability company business, is personally liable for any unpaid contributions and interest and penalties on those contributions. For purposes of this section, "willfully" means an intentional, conscious, and voluntary course of action. (2) Persons liable under subsection (1) of this section are liable only for contributions that became due during the period he or she had the control, supervision, responsibility, or duty to act for the corporation or limited liability company, plus interest and penalties on those contributions. (3) Persons liable under subsection (1) of this section are exempt from liability if all of the assets of the corporation or limited liability company have been applied to its debts through bankruptcy or receivership. (4) Any person having been issued a notice of assessment under this section is entitled to the appeal procedures under chapter 50.32 RCW. (5) This section applies only when the employment security department determines that there is no reasonable means of collecting the contributions owed directly from the corporation or limited liability company. (6) This section does not relieve the corporation or limited liability company of other tax liabilities under this title or impair other tax collection remedies afforded by law. (7) Collection authority and procedures described in this chapter apply to collections under this section.
RCW 50.38.030 — Washington Code / Title 50 / Chapter 38 / Section 030
RCW 50.38.030: Occupational forecast—Agency consultation.
Status: in_force

The employment security department shall consult with the following agencies prior to the issuance of the state occupational forecast: (1) Office of financial management; (2) Department of commerce; (3) Department of labor and industries; (4) State board for community and technical colleges; (5) Superintendent of public instruction; (6) Department of social and health services; (7) Workforce training and education coordinating board; and (8) Other state and local agencies as deemed appropriate by the commissioner of the employment security department. These agencies shall cooperate with the employment security department, submitting information relevant to the generation of occupational forecasts.
RCW 50.20.113 — Washington Code / Title 50 / Chapter 20 / Section 113
RCW 50.20.113: Unemployment of sport or athletic event participant during period between sport seasons.
Status: in_force

Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during the period between two successive sport seasons (or similar periods) if the individual performed the services in the first of the seasons (or similar periods) and there is a reasonable assurance that the individual will perform the services in the latter of the seasons (or similar periods).
RCW 50.04.360 — Washington Code / Title 50 / Chapter 04 / Section 360
RCW 50.04.360: Week.
Status: in_force

"Week" means any period of seven consecutive calendar days ending at midnight as the commissioner may by regulation prescribe.
RCW 50.12.350 — Washington Code / Title 50 / Chapter 12 / Section 350
RCW 50.12.350: Use of social security numbers in correspondence with third parties.
Status: in_force

(1) For the purposes of preventing fraud and protecting personal privacy, the employment security department shall examine its current practices in which it discloses the full social security numbers of persons in its correspondence with nongovernmental third parties. (2) If the disclosure of full social security numbers in its correspondence with nongovernmental third parties is not required by any state or federal law, the employment security department shall: (a) Institute procedures to replace the use of full social security numbers with other forms of personal identifiers in its correspondence with nongovernmental third parties; and (b) By July 1, 2023, cease disclosing the full social security numbers of persons in its correspondence with nongovernmental third parties. (3) The definitions in this subsection apply throughout this section: (a) "Correspondence" means letters, emails, or other similar communications. "Correspondence" does not include financial transactions or communications sent via secured or encrypted methods. (b) "Nongovernmental third party" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, or other legal commercial entity. The term does not include a government or governmental subdivision, agency, instrumentality, or private persons or organizations covered by RCW 50.13.080 .
RCW 50.12.120 — Washington Code / Title 50 / Chapter 12 / Section 120
RCW 50.12.120: Protection against self-incrimination.
Status: in_force

No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before any duly authorized representative of the commissioner or any appeal tribunal in obedience to the subpoena of such representative of the commissioner or such appeal tribunal, on the ground that the testimony or evidence, documentary or otherwise, required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she is compelled, after having claimed his or her privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
RCW 50B.04.070 — Washington Code / Title 50B / Chapter 04 / Section 070
RCW 50B.04.070: Payment of benefits.
Status: in_force

(1) Benefits provided under this chapter shall be paid periodically and promptly to long-term services and supports providers who provide approved services to: (a) Eligible beneficiaries in Washington if the long-term services and supports provider is registered with the department of social and health services; and (b) Eligible beneficiaries outside Washington if the long-term services and supports providers meet minimum standards established by the department. (2) Qualified family members may be paid for approved personal care services in the same way as individual providers, through a licensed home care agency, or through a third option if recommended by the commission and adopted by the department of social and health services.
RCW 50.12.370 — Washington Code / Title 50 / Chapter 12 / Section 370
RCW 50.12.370: Unemployment insurance claims—Online data dashboard—Quarterly reports, performance metrics.
Status: in_force

The department must: (1) Maintain an online data dashboard; (2) Provide quarterly reports with performance metrics that include: (a) Updates of unemployment rates; (b) Total numbers of claims paid, amount compensated, claims denied, claims pending in adjudication, claims on which payment has been halted for review, pending appeals, appeals redetermined by the department, and appeals sent to the office of administrative hearings; (c) Claims center phone statistics including call volume, hold times, abandoned calls, repeat calls, and all-circuits-busy messages for both claimants and employers; (d) Ratio of staff phone agents to employers and ratio of staff phone agents to claimants; (e) Number and dollar total of overpayments imposed and overpayment waiver approval rate; and (f) The percentage of unemployed persons in the state receiving benefits (recipiency rate).
RCW 50A.45.015 — Washington Code / Title 50A / Chapter 45 / Section 015
RCW 50A.45.015: Delinquency—Order and notice of assessment.
Status: in_force

At any time after the commissioner shall find that any premiums, interest, or penalties have become delinquent, the commissioner may issue an order and notice of assessment specifying the amount due, which order and notice of assessment shall be served upon the delinquent employer in the manner prescribed for the service of a summons in a civil action, or using a method by which the mailing can be tracked or the delivery can be confirmed. Failure of the employer to receive such notice or order whether served or mailed shall not release the employer from any tax, or any interest or penalties thereon.
RCW 50.04.265 — Washington Code / Title 50 / Chapter 04 / Section 265
RCW 50.04.265: Employment—Indian tribes.
Status: in_force

The term "employment" includes services performed in the employ of an Indian tribe as provided in RCW 50.50.010 .
RCW 50.20.170 — Washington Code / Title 50 / Chapter 20 / Section 170
RCW 50.20.170: Payment of benefits.
Status: in_force

An individual who has received an initial determination finding that he or she is potentially entitled to receive waiting period credit or benefits shall, during the benefit year, be given waiting period credit or be paid benefits in accordance with such initial determination for any week with respect to which the conditions of eligibility for such credit or benefits, as prescribed by this title, are met, unless the individual is denied waiting period credit or benefits under the disqualification provisions of this title. All benefits shall be paid through employment offices in accordance with such regulations as the commissioner may prescribe.
RCW 50.36.010 — Washington Code / Title 50 / Chapter 36 / Section 010
RCW 50.36.010: Violations generally.
Status: in_force

(1) It shall be unlawful for any person to knowingly give any false information or withhold any material information required under the provisions of this title. (2) Any person who violates any of the provisions of this title which violation is declared to be unlawful, and for which no contrary provision is made, is guilty of a misdemeanor and shall be punished by a fine of not less than twenty dollars nor more than two hundred and fifty dollars or by imprisonment in the county jail for not more than ninety days. (3) Any person who in connection with any compromise or offer of compromise willfully conceals from any officer or employee of the state any property belonging to an employing unit which is liable for contributions, interest, or penalties, or receives, destroys, mutilates, or falsifies any book, document, or record, or makes under oath any false statement relating to the financial condition of the employing unit which is liable for contributions, is guilty of a gross misdemeanor and shall upon conviction thereof be fined not more than five thousand dollars or be imprisoned for up to three hundred sixty-four days, or both. (4) The penalty prescribed in this section shall not be deemed exclusive, but any act which shall constitute a crime under any law of this state may be the basis of prosecution under such law notwithstanding that it may also be the basis for prosecution under this section.
RCW 50.04.030 — Washington Code / Title 50 / Chapter 04 / Section 030
RCW 50.04.030: Benefit year.
Status: in_force

"Benefit year" with respect to each individual, means the fifty-two consecutive week period beginning with the first day of the calendar week in which the individual files an application for an initial determination and thereafter the fifty-two consecutive week period beginning with the first day of the calendar week in which the individual next files an application for an initial determination after the expiration of the individual's last preceding benefit year: PROVIDED, HOWEVER, That the foregoing limitation shall not be deemed to preclude the establishment of a new benefit year under the laws of another state pursuant to any agreement providing for the interstate combining of employment and wages and the interstate payment of benefits nor shall this limitation be deemed to preclude the commissioner from backdating an initial application at the request of the claimant either for the convenience of the department of employment security or for any other reason deemed by the commissioner to be good cause. An individual's benefit year shall be extended to be fifty-three weeks when at the expiration of fifty-two weeks the establishment of a new benefit year would result in the use of a quarter of wages in the new base year that had been included in the individual's prior base year. No benefit year will be established unless it is determined that the individual earned wages in "employment" in not less than six hundred eighty hours of the individual's base year: PROVIDED, HOWEVER, That a benefit year cannot be established if the base year wages include wages earned prior to the establishment of a prior benefit year unless the individual worked and earned wages since the last separation from employment immediately before the application for initial determination in the previous benefit year if the applicant was an unemployed individual at the time of application, or since the initial separation in the previous benefit year if the applicant was not an unemployed individual at the time of filing an application for initial determination for the previous benefit year, of not less than six times the weekly benefit amount computed for the individual's new benefit year. If an individual's prior benefit year was based on the last four completed calendar quarters, a new benefit year shall not be established until the new base year does not include any hours used in the establishment of the prior benefit year. If the wages of an individual are not based upon a fixed duration of time or if the individual's wages are paid at irregular intervals or in such manner as not to extend regularly over the period of employment, the wages for any week shall be determined in such manner as the commissioner may by regulation prescribe. Such regulation shall, so far as possible, secure results reasonably similar to those which would prevail if the individual were paid his or her wages at regular intervals.
RCW 50.62.010 — Washington Code / Title 50 / Chapter 62 / Section 010
RCW 50.62.010: Legislative findings.
Status: in_force

The legislature finds and declares that: (1) The number of persons unemployed in the state is significantly above the national average. (2) Persons who are unemployed represent a skilled resource to the economy and the quality of life for all persons in the state. (3) There are jobs available in the state that can be filled by unemployed persons. (4) A public labor exchange can appreciably expedite the employment of unemployed job seekers and filling employer vacancies thereby contributing to the overall health of the state and national economies. (5) The Washington state job service of the employment security department has provided a proven service of assisting persons to find employment for the past fifty years. (6) Expediting the reemployment of unemployment insurance claimants will reduce payment of claims drawn from the state unemployment insurance trust fund. (7) Increased emphasis on assisting in the reemployment of claimants and monitoring claimants' work search efforts will positively impact employer tax rates resulting from the recently enacted experience rating legislation, chapter 205, Laws of 1984. (8) Special employment service efforts are necessary to adequately serve agricultural employers who have unique needs in the type of workers, recruitment efforts, and the urgency of obtaining sufficient workers. (9) Study and research of issues related to employment and unemployment provides economic information vital to the decision-making process. (10) Older workers and the long-term unemployed experience greater difficulty finding new employment at wages comparable to their prelayoff earnings relative to all unemployment insurance claimants who return to work. (11) After a layoff, older unemployed workers and the long-term unemployed workers fail to find unemployment insurance-covered employment at a much higher rate than other groups of unemployment insurance claimants. The legislature finds it necessary and in the public interest to have a program of job service to assist persons drawing unemployment insurance claims to find employment, to provide employment assistance to the agricultural industry, and to conduct research into issues related to employment and unemployment.
RCW 50A.50.200 — Washington Code / Title 50A / Chapter 50 / Section 200
RCW 50A.50.200: Remedies exclusive.
Status: in_force

The remedies provided in this title for determining the justness or correctness of assessments, refunds, adjustments, or claims shall be exclusive and no court shall entertain any action to enjoin an assessment or require a refund or adjustment except in accordance with the provisions of this title. Matters which may be determined by the procedures set out in this title shall not be the subject of any declaratory judgment.
RCW 50.20.195 — Washington Code / Title 50 / Chapter 20 / Section 195
RCW 50.20.195: Assessed interest—Use.
Status: in_force

All receipts from interest assessed against unemployment insurance claimants shall be deposited in the administrative contingency fund and shall be used for the purpose of RCW 50.20.190 (6).
RCW 50.65.300 — Washington Code / Title 50 / Chapter 65 / Section 300
RCW 50.65.300: Washington serves—Volunteers—Assistance to defer student loan payments.
Status: in_force

The commissioner or the commissioner's designee may assist any volunteer serving full-time under the Washington serves program in obtaining a service deferment of federally funded student loan payments during his or her period of service.
RCW 50.04.293 — Washington Code / Title 50 / Chapter 04 / Section 293
RCW 50.04.293: Misconduct.
Status: in_force

With respect to claims that have an effective date before January 4, 2004, "misconduct" means an employee's act or failure to act in willful disregard of his or her employer's interest where the effect of the employee's act or failure to act is to harm the employer's business.
RCW 50.04.220 — Washington Code / Title 50 / Chapter 04 / Section 220
RCW 50.04.220: Employment—Service covered by federal act.
Status: in_force

The term "employment" shall not include service with respect to which unemployment compensation is payable under an unemployment compensation system established by an act of congress: PROVIDED, That the commissioner is hereby authorized to enter into agreements with the proper agencies under such act of congress, which agreements shall become effective ten days after publication thereof in the manner provided in this title for publication of general rules, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this title, acquired right to unemployment compensation under such act of congress, or who have, after acquiring potential rights to unemployment compensation under such act of congress, acquired rights to benefits under this title.
RCW 50.44.020 — Washington Code / Title 50 / Chapter 44 / Section 020
RCW 50.44.020: Instrumentalities of this state, other states, political subdivisions.
Status: in_force

Commencing with benefit years beginning on or after January 28, 1971, services performed subsequent to September 30, 1969 in the employ of this state or any of its wholly owned instrumentalities or jointly owned instrumentalities of this state and another state or this state and one or more of its political subdivisions shall be deemed services in employment unless such services are excluded from the term employment by RCW 50.44.040 . The state shall make payments in lieu of contributions with respect to benefits attributable to such employment as provided with respect to nonprofit organizations in subsections (2) and (3) of RCW 50.44.060 : PROVIDED, HOWEVER, That for weeks of unemployment beginning after January 1, 1979, the state shall pay in addition to the full amount of regular and additional benefits so attributable the full amount of extended benefits so attributable: PROVIDED, FURTHER, That no payment will be required from the state until the expiration of the twelve-month period following the end of the biennium in which the benefits attributable to such employment were paid. The amount of this payment shall include an amount equal to the amount of interest that would have been realized for the benefit of the unemployment compensation trust fund had such payments been received within thirty days after the day of the quarterly billing provided for in RCW 50.44.060 (2)(a).
RCW 50.72.060 — Washington Code / Title 50 / Chapter 72 / Section 060
RCW 50.72.060: Grant applications—Requirements.
Status: in_force

(1) An application for a grant under this chapter shall be submitted by the applicant in such form and in accordance with the requirements as determined by the commissioner. (2) The application for a grant under this chapter shall contain at a minimum: (a) The amount of the grant request and its proposed use; (b) A description of the applicant and a statement of its qualifications, including a description of the applicant's past experience with housing rehabilitation or construction with youth and youth education and employment training programs, and its relationship with local unions and apprenticeship programs and other community groups; (c) A description of the proposed site for the program; (d) A description of the educational and job training activities, work opportunities, and other services that will be provided to participants; (e) A description of the proposed construction or rehabilitation activities to be undertaken and the anticipated schedule for carrying out such activities; (f) A description of the manner in which eligible participants will be recruited and selected, including a description of arrangements which will be made with federal or state agencies, community-based organizations, local school districts, the courts of jurisdiction for status and youth offenders, shelters for homeless individuals and other agencies that serve homeless youth, foster care agencies, and other appropriate public and private agencies; (g) A description of the special outreach efforts that will be undertaken to recruit eligible young women, including young women with dependent children; (h) A description of how the proposed program will be coordinated with other federal, state, local, and private resources and programs, including vocational, adult, and bilingual education programs, and job training programs; (i) Assurances that there will be a sufficient number of adequately trained supervisory personnel in the program who have attained journey level status or have served an apprenticeship through the Washington state apprenticeship training council; (j) A description of the applicant's relationship with building contractor groups and trade unions regarding their involvement in training, and the relationship of the youthbuild program with established apprenticeship and training programs; (k) A description of activities that will be undertaken to develop the leadership skills of the participants; (l) A description of the commitments for any additional resources to be made available to the local program from the applicant, from recipients of other federal, state, local, or private sources; and (m) Other factors the commissioner deems necessary.
RCW 50B.04.180 — Washington Code / Title 50B / Chapter 04 / Section 180
RCW 50B.04.180: Out-of-state participants—Reporting—Collection of wages.
Status: in_force

(1) Beginning July 1, 2026, an employee or self-employed person, who has elected coverage under RCW 50B.04.090 , who relocates outside of Washington may elect to continue participation in the program if: (a) The employee or self-employed person has been assessed premiums by the employment security department for at least three years in which the employee or self-employed person has worked at least 500 hours in each of those years in Washington; and (b) The employee or self-employed person notifies the employment security department within one year of establishing a primary residence outside of Washington that the employee or self-employed person is no longer a resident of Washington and elects to continue participation in the program. (2) Out-of-state participants under subsection (1) of this section must report their wages or self-employment earnings to the employment security department according to standards for manner and timing of reporting and documentation submission, as adopted by rule by the employment security department. An out-of-state participant must submit documentation to the employment security department whether or not the out-of-state participant earned wages or self-employment earnings, as applicable, during the applicable reporting period. When an out-of-state participant reaches the age of 67, the participant is no longer required to provide the documentation of their wages or self-employment earnings, but if the participant earns wages or self-employment earnings, the participant must submit reports of those wages or self-employment earnings and remit the required premiums. (3) Out-of-state participants under subsection (1) of this section must provide documentation of wages and self-employment earnings earned at the time that they report their wages or self-employment earnings to the employment security department. (4) The employment security department may cancel elective coverage if the out-of-state participant fails to make required payments or submit reports. The employment security department may collect due and unpaid premiums and may levy an additional premium for the remainder of the period of coverage. The cancellation must be effective no later than 30 days from the date of the notice in writing advising the out-of-state participant of the cancellation. (5) The employment security department shall: (a) Adopt standards by rule for the manner and timing of reporting and documentation submission for out-of-state participants. The employment security department must consider user experience with the wage and self-employment earnings reporting process and the document submission process and regularly update the standards to minimize the procedural burden on out-of-state participants and support the accurate reporting of wages and self-employment earnings at the time of the payment of premiums; (b) Collect premiums from out-of-state participants as provided in RCW 50B.04.080 and 50B.04.090 , as relevant to out-of-state participants; and (c) Verify the wages or self-employment earnings as reported by an out-of-state participant. (6) For the purposes of this section, "wages" includes remuneration for services performed within or without or both within and without this state. (7) Entities providing services to an eligible beneficiary outside Washington are subject to RCW 50B.04.200 and may not discriminate based upon race, gender, age, or preexisting condition. (8) An employee or self-employed person who has elected coverage under RCW 50B.04.090 who relocates outside of Washington may elect to opt out of coverage by no longer reporting wages to the department, rather than become an out-of-state participant in the program. (9) By extending the premium base to out-of-state participants under subsection (1) of this section, chapter 120, Laws of 2024 will increase the state's investment in long-term care services.
RCW 50.32.010 — Washington Code / Title 50 / Chapter 32 / Section 010
RCW 50.32.010: Appeal tribunals.
Status: in_force

The commissioner shall establish one or more impartial appeal tribunals, each of which shall consist of an administrative law judge appointed under chapter 34.12 RCW who shall decide the issues submitted to the tribunal. No administrative law judge may hear or decide any disputed claim in any case in which he or she is an interested party. Wherever the term "appeal tribunal" or "the appeal tribunal" is used in this title the same refers to an appeal tribunal established under the provisions of this section. Notice of any appeal or petition for hearing taken to an appeal tribunal in any proceeding under this title may be filed with such agency as the commissioner may by regulation prescribe.
RCW 50A.15.010 — Washington Code / Title 50A / Chapter 15 / Section 010
RCW 50A.15.010: Employee eligibility.
Status: in_force

Employees are eligible for family and medical leave benefits as provided in this title after working for at least eight hundred twenty hours in employment during the qualifying period.
RCW 50.04.294 — Washington Code / Title 50 / Chapter 04 / Section 294
RCW 50.04.294: Misconduct—Gross misconduct.
Status: in_force

With respect to claims that have an effective date on or after January 4, 2004: (1) "Misconduct" includes, but is not limited to, the following conduct by a claimant: (a) Willful or wanton disregard of the rights, title, and interests of the employer or a fellow employee; (b) Deliberate violations or disregard of standards of behavior which the employer has the right to expect of an employee; (c) Carelessness or negligence that causes or would likely cause serious bodily harm to the employer or a fellow employee; or (d) Carelessness or negligence of such degree or recurrence to show an intentional or substantial disregard of the employer's interest. (2) The following acts are considered misconduct because the acts signify a willful or wanton disregard of the rights, title, and interests of the employer or a fellow employee. These acts include, but are not limited to: (a) Insubordination showing a deliberate, willful, or purposeful refusal to follow the reasonable directions or instructions of the employer; (b) Repeated inexcusable tardiness following warnings by the employer; (c) Dishonesty related to employment, including but not limited to deliberate falsification of company records, theft, deliberate deception, or lying; (d) Repeated and inexcusable absences, including absences for which the employee was able to give advance notice and failed to do so; (e) Deliberate acts that are illegal, provoke violence or violation of laws, or violate the collective bargaining agreement. However, an employee who engages in lawful union activity may not be disqualified due to misconduct; (f) Violation of a company rule if the rule is reasonable and if the claimant knew or should have known of the existence of the rule; or (g) Violations of law by the claimant while acting within the scope of employment that substantially affect the claimant's job performance or that substantially harm the employer's ability to do business. (3) "Misconduct" does not include: (a) Inefficiency, unsatisfactory conduct, or failure to perform well as the result of inability or incapacity; (b) Inadvertence or ordinary negligence in isolated instances; (c) Good faith errors in judgment or discretion; or (d)(i) A health care worker who left work for the period of quarantine consistent with the recommended guidance from the United States centers for disease control and prevention or subject to the direction of the state or local health jurisdiction because of exposure to or contracting the disease that is the subject of the declaration of the public health emergency. (ii) For purposes of this subsection, "health care worker" means an individual who worked at a health care facility as defined in RCW 9A.50.010 , and was directly involved in the delivery of health services. (4) "Gross misconduct" means a criminal act in connection with an individual's work for which the individual has been convicted in a criminal court, or has admitted committing, or conduct connected with the individual's work that demonstrates a flagrant and wanton disregard of and for the rights, title, or interest of the employer or a fellow employee.
RCW 50.29.010 — Washington Code / Title 50 / Chapter 29 / Section 010
RCW 50.29.010: Definitions.
Status: in_force

As used in this chapter: (1) "Computation date" means July 1st of any year; (2) "Cut-off date" means September 30th next following the computation date; (3) "Payroll" means all wages (as defined for contribution purposes) paid by an employer to individuals in his or her employment; (4) "Qualification date" means April 1st of the second year preceding the computation date; (5) "Qualified employer" means any employer who (a) reported some employment in the twelve-month period beginning with the qualification date, (b) had no period of four or more consecutive calendar quarters for which he or she reported no employment in the two calendar years immediately preceding the computation date, and (c) has submitted by the cut-off date all reports, contributions, interest, and penalties required under this title for the period preceding the computation date. Unpaid contributions, interest, and penalties must be disregarded for the purposes of this section if they constitute less than either one hundred dollars or one-half of one percent of the employer's total tax reported for the twelve-month period immediately preceding the computation date. Late reports, contributions, penalties, or interest may be disregarded for the purposes of this section if showing is made to the satisfaction of the commissioner, as the commissioner may define by rule, that an otherwise qualified employer acted in good faith and that forfeiture of qualification for a reduced contribution rate because of such delinquency would be inequitable; (6) "Rate year" means the calendar year immediately following the computation date.
RCW 50.38.010 — Washington Code / Title 50 / Chapter 38 / Section 010
RCW 50.38.010: Intent.
Status: in_force

It is the intent of this chapter to establish the duties and authority of the employment security department relating to labor market information and economic analysis. State and federal law mandate the use of labor market information in the planning, coordinating, management, implementation, and evaluation of certain programs. Often this labor market information is also needed in studies for the legislature and state programs, like those dealing with growth management, community diversification, export assistance, prison industries, energy, agriculture, social services, and environment. Employment, training, education, job creation, and other programs are often mandated without adequate federal or state funding for the needed labor market information. Clarification of the department's duties and authority will assist users of state and local labor market information products and services to have realistic expectations and provide the department authority to recover actual costs for labor market information products and services developed in response to individual requests.
RCW 50.24.014 — Washington Code / Title 50 / Chapter 24 / Section 014
RCW 50.24.014: Financing special unemployment assistance—Financing the employment security department's administrative costs—Accounts—Contributions.
Status: in_force

*** CHANGE IN 2026 *** (SEE 5998-S.SL ) ***

(1)(a) A separate and identifiable account to provide for the financing of special programs to assist the unemployed is established in the administrative contingency fund. All money in this account shall be expended solely for the purposes of this title and for no other purposes whatsoever, except as provided in subsection (4) of this section. Contributions to this account shall accrue and become payable by each employer, except employers as described in RCW 50.44.010 and 50.44.030 who have properly elected to make payments in lieu of contributions, taxable local government employers as described in RCW 50.44.035 , and those employers who are required to make payments in lieu of contributions, at a basic rate of two one-hundredths of one percent. The amount of wages subject to tax shall be determined under RCW 50.24.010 . (b) A separate and identifiable account is established in the administrative contingency fund for financing the employment security department's administrative costs under RCW 50.22.150 and 50.22.155 and the costs under RCW 50.22.150 (11) and 50.22.155 (1)(m) and (2)(m). All money in this account shall be expended solely for the purposes of this title and for no other purposes whatsoever. Contributions to this account shall accrue and become payable by each employer, except employers as described in RCW 50.44.010 and 50.44.030 who have properly elected to make payments in lieu of contributions, taxable local government employers as described in RCW 50.44.035 , those employers who are required to make payments in lieu of contributions, those employers described under RCW 50.29.025 (1)(d), and those qualified employers assigned rate class 20 or rate class 40, as applicable, under RCW 50.29.025 , at a basic rate of one one-hundredth of one percent. The amount of wages subject to tax shall be determined under RCW 50.24.010 . Any amount of contributions payable under this subsection (1)(b) that exceeds the amount that would have been collected at a rate of four one-thousandths of one percent must be deposited in the account created in (a) of this subsection. (2)(a) Contributions under this section shall become due and be paid by each employer under rules as the commissioner may prescribe, and shall not be deducted, in whole or in part, from the remuneration of individuals in the employ of the employer. Any deduction in violation of this section is unlawful. (b) In the payment of any contributions under this section, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent. (3) If the commissioner determines that federal funding has been increased to provide financing for the services specified in chapter 50.62 RCW, the commissioner shall direct that collection of contributions under this section be terminated on the following January 1st. (4) During the 2023-2025 and 2025-2027 fiscal biennia, moneys in the account in subsection (1)(a) of this section may be appropriated for poverty reduction programs that coordinate employment, training, education, and other existing systems designed to assist low-income individuals attain self-sufficiency.
RCW 50A.50.150 — Washington Code / Title 50A / Chapter 50 / Section 150
RCW 50A.50.150: Judicial review—Bond—Stay.
Status: in_force

(1) A bond of any kind shall not be required of any employee seeking judicial review from a commissioner's decision affecting such employee's application for initial determination or claim for waiting period credit or for benefits. (2) A commissioner's decision shall not be stayed by a petition for judicial review unless the petitioning employer shall first deposit an undertaking in an amount deemed by the commissioner to be due, if any, from the petitioning employer, together with interest thereon, if any, with the commissioner or in the registry of the court. (3) This section does not authorize a stay in the payment of benefits to an employee when such employee has been held entitled thereto by a decision of the commissioner which decision either affirms, reverses, or modifies a decision of an appeals tribunal.
RCW 50.50.040 — Washington Code / Title 50 / Chapter 50 / Section 040
RCW 50.50.040: Option to make payments in lieu of contributions—Revocation—Reinstatement—Notices.
Status: in_force

(1)(a) The commissioner shall revoke the option for an Indian tribe or tribal unit to make payments in lieu of contributions as described in RCW 50.50.030 if the Indian tribe or tribal unit: (i) Did not make payments, including assessments of interest and penalties, required under this chapter within ninety days of receipt of statement; or (ii) entered into an approved agency deferred payment contract, and was not in compliance with the contract on the cut-off date, as authorized in chapter 50.29 RCW. The revocation shall begin on January 1 of the first calendar year after the Indian tribe or tribal unit meets these conditions, and shall continue until the option is reinstated as described in (b) of this subsection. (b) The commissioner shall reinstate the option if, as of the cut-off date, an Indian tribe or tribal unit whose option was revoked as described in (a) of this subsection: (i) Paid contributions owed in the current calendar year when due; and (ii) made required payments, including assessments of interest and penalties, for any preceding calendar years. The reinstatement shall begin on January 1 of the first calendar year after the Indian tribe or tribal unit satisfies these conditions. (2)(a) Services performed for an Indian tribe or tribal unit are not services in "employment" for purposes of RCW 50.04.265 and 50.50.010 if: (i) The Indian tribe or tribal unit elected to make payments in lieu of contributions, had the option revoked, and has not met the conditions for reinstatement of the option; and (ii) The Indian tribe or tribal unit either: (A) Did not make required payments, including assessments of interest and penalties, within one hundred eighty days of receipt of statement; or (B) entered into an approved agency deferred payment contract, and was not in compliance with the contract on the last day of the current calendar quarter. This revocation of coverage shall begin on the first day of the first calendar quarter after the Indian tribe or tribal unit meets these conditions, and shall continue until coverage is reinstated as described in (c) of this subsection. (b) Services performed for an Indian tribe or tribal unit are not services in "employment" for purposes of RCW 50.04.265 and 50.50.010 if: (i) The Indian tribe or tribal unit is a contribution-paying employer; and (ii) The Indian tribe or tribal unit either: (A) Did not make required payments, including assessments of interest and penalties, within one hundred eighty days of receipt of statement; or (B) entered into an approved agency deferred payment contract, and was not in compliance with the contract on the last day of the current calendar quarter. This revocation of coverage shall begin on the first day of the first calendar quarter after the Indian tribe or tribal unit meets these conditions, and shall continue until coverage is reinstated as described in (c) of this subsection. (c) The commissioner may reinstate coverage if the Indian tribe or tribal unit has made required payments, including assessments of interest and penalties. This reinstatement of coverage may begin on the first day of the first calendar quarter after these payments are made. (3)(a) The commissioner shall immediately notify the United States internal revenue service and the United States department of labor if an Indian tribe or tribal unit does not make required payments, including assessments of interest and penalties, within ninety days of receipt of statement. (b) The commissioner shall immediately notify the United States internal revenue service and the United States department of labor of any revocation or reinstatement of the option to make payments in lieu of contributions under subsection (1) of this section or any revocation or reinstatement of coverage under subsection (2) of this section.
RCW 50A.05.005 — Washington Code / Title 50A / Chapter 05 / Section 005
RCW 50A.05.005: Intent.
Status: in_force

The legislature finds that the demands of the workplace and of families need to be balanced to promote family stability and economic security. The legislature also finds that families across the state own and operate businesses. Workplace leave policies are desirable to accommodate changes in the workforce such as rising numbers of dual-career couples, working single parents, and an aging population. In addition the impact of significant new requirements should be reasonably balanced to help small businesses thrive. The legislature also finds that access to paid leave is associated with many important health benefits. Research confirms that paid leave results in decreased infant mortality and more well-baby visits and reductions in maternal postpartum depression and stress. The legislature further finds that paid leave increases the duration of breastfeeding, which supports bonding, stimulates positive neurological and psychological development, strengthens a child's immune system, and reduces the risks of serious or costly health problems such as asthma, acute ear infections, obesity, Type 2 diabetes, leukemia, and sudden infant death syndrome. The legislature also finds that when fathers have access to paid leave they are more directly engaged during the child's first few months, thereby increasing father infant bonding and reducing overall stress on the family. The legislature declares it to be in the public interest to create a family and medical leave insurance program to provide reasonable paid family leave for the birth or placement of a child with the employee, for the care of a family member who has a serious health condition, and for a qualifying exigency under the federal family and medical leave act, and reasonable paid medical leave for an employee's own serious health condition and to reasonably assist businesses in implementing and maintaining a program to support their employees and family.
RCW 50.22.025 — Washington Code / Title 50 / Chapter 22 / Section 025
RCW 50.22.025: Extended benefit period.
Status: in_force

(1) Beginning December 27, 2020, through April 12, 2021, or such subsequent date as may be provided by the employment security department by rule, an individual's eligibility period under RCW 50.22.010 (8)(a) shall also include any week that begins in an extended benefit period that is in effect in this state and after the individual exhausted all rights to pandemic emergency unemployment compensation, as established in the CARES act (P.L. 116-136), as amended. (2) With respect to determining whether the state is in an extended benefit period beginning November 1, 2020, through December 31, 2021, or such subsequent date as may be provided by the employment security department by rule, the state shall disregard the requirement in RCW 50.22.010 (1)(b) that no extended benefit period may begin before the fourteenth week following the end of a prior extended benefit period which was in effect. (3) For purposes of subsections (1) and (2) of this section, the employment security department may not adopt a subsequent date by rule if the federal share of extended benefits is less than 50 percent minus any reductions required by the budget control act of 2011, P.L. 112-25.
RCW 50A.50.040 — Washington Code / Title 50A / Chapter 50 / Section 040
RCW 50A.50.040: When deemed filed and received.
Status: in_force

The appeal or petition from a determination, redetermination, order and notice of assessment, appeals decision, or commissioner's decision is deemed filed and received if properly addressed and with sufficient postage: (1) If transmitted through the United States mail, on the date shown by the United States postal service cancellation mark; (2) If mailed but not received by the addressee, or where received and the United States postal service cancellation mark is illegible, erroneous, or omitted, on the date it was mailed, if the sender establishes by competent evidence that the appeal or petition was deposited in the United States mail on or before the date due for filing; or (3) In the case of a metered cancellation mark by the sender and a United States postal service cancellation mark on the same envelope or other wrapper, the latter shall control.
RCW 50.29.105 — Washington Code / Title 50 / Chapter 29 / Section 105
RCW 50.29.105: Department-approved deferred payment contracts—Department determination of eligibility—Notice.
Status: in_force

(1) By September 1st of each year, the department must determine which employers have not paid all contributions, penalties, or interest due, and have not entered into a department-approved deferred payment contract, as of that date. (2) By September 1st of each year, for each employer meeting the criteria in subsection (1) of this section, the department must notify the employer of the availability of deferred payment contracts with the department. The department must provide technical, and culturally and linguistically relevant, assistance as needed to the employer in navigating the process for entering into a department-approved payment contract.
RCW 50.24.140 — Washington Code / Title 50 / Chapter 24 / Section 140
RCW 50.24.140: Collection remedies cumulative.
Status: in_force

Remedies given to the state under this title for the collection of contributions, interest, or penalties shall be cumulative and no action taken by the commissioner or his or her duly authorized representative, the attorney general, or any other officer shall be construed to be an election on the part of the state or any of its officers to pursue any remedy to the exclusion of any other.
RCW 50.20.070 — Washington Code / Title 50 / Chapter 20 / Section 070
RCW 50.20.070: Disqualification for misrepresentation—Penalties.
Status: in_force

(1) With respect to determinations delivered or mailed before January 1, 2008, an individual is disqualified for benefits for any week he or she has knowingly made a false statement or representation involving a material fact or knowingly failed to report a material fact and, as a result, has obtained or attempted to obtain any benefits under the provisions of this title, and for an additional twenty-six weeks beginning with the first week for which he or she completes an otherwise compensable claim for waiting period credit or benefits following the date of the delivery or mailing of the determination of disqualification under this section. However, such disqualification shall not be applied after two years have elapsed from the date of the delivery or mailing of the determination of disqualification under this section. (2) With respect to determinations delivered or mailed on or after January 1, 2008: (a) An individual is disqualified for benefits for any week he or she has knowingly made a false statement or representation involving a material fact or knowingly failed to report a material fact and, as a result, has obtained or attempted to obtain any benefits under the provisions of this title; (b) An individual disqualified for benefits under this subsection for the first time is also: (i) Disqualified for an additional twenty-six weeks beginning with the Sunday of the week in which the determination is mailed or delivered; and (ii) With respect to determinations delivered or mailed on or after October 20, 2013, subject to an additional penalty of fifteen percent of the amount of benefits overpaid or deemed overpaid; (c) An individual disqualified for benefits under this subsection for the second time is also disqualified for an additional fifty-two weeks beginning with the Sunday of the week in which the determination is mailed or delivered, and is subject to an additional penalty of twenty-five percent of the amount of benefits overpaid or deemed overpaid; (d) An individual disqualified for benefits under this subsection a third time and any time thereafter is also disqualified for an additional one hundred four weeks beginning with the Sunday of the week in which the determination is mailed or delivered, and is subject to an additional penalty of fifty percent of the amount of benefits overpaid or deemed overpaid. (3) All penalties collected under this section must be expended for the proper administration of this title as authorized under RCW 50.16.010 and for no other purposes. (4) All overpayments and penalties established by such determination of disqualification must be collected as otherwise provided by this title.
RCW 50.16.080 — Washington Code / Title 50 / Chapter 16 / Section 080
RCW 50.16.080: Federal targeted jobs tax credit program—Administration—Processing fee—Deposit of fees.
Status: in_force

The cost of administering the federal targeted jobs tax credit program shall be fully borne by the employers requesting the credits. The commissioner shall establish the amount of the processing fee and procedures for collecting the fee. The commissioner shall establish the processing fee at a sufficient level to defray the costs of administering the federal targeted jobs tax credit program. The fee shall be established by the commissioner by rule. However, if federal funding is provided to finance such services, the commissioner shall revise or eliminate this fee based on the amount of federal funding received. Fees received for processing shall be deposited in a special account in the unemployment compensation administration fund.
RCW 50.04.080 — Washington Code / Title 50 / Chapter 04 / Section 080
RCW 50.04.080: Employer.
Status: in_force

"Employer" means any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company, limited liability company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or the legal representative of a deceased person, having any person in employment or, having become an employer, has not ceased to be an employer as provided in this title.
RCW 50.32.020 — Washington Code / Title 50 / Chapter 32 / Section 020
RCW 50.32.020: Filing of benefit appeals.
Status: in_force

The applicant or claimant, his or her most recent employing unit or any interested party which the commissioner by regulation prescribes, may file an appeal from any determination or redetermination with the appeal tribunal within thirty days after the date of notification or mailing, whichever is earlier, of such determination or redetermination to his or her last known address: PROVIDED, That in the event an appeal with respect to any determination is pending as of the date when a redetermination thereof is issued, such appeal, unless withdrawn, shall be treated as an appeal from such redetermination. Any appeal from a determination of denial of benefits which is effective for an indefinite period shall be deemed to be an appeal as to all weeks subsequent to the effective date of the denial for which benefits have already been denied. If no appeal is taken from any determination, or redetermination, within the time allowed by the provisions of this section for appeal therefrom, said determination, or redetermination, as the case may be, shall be conclusively deemed to be correct except as hereinbefore provided in respect to reconsideration by the commissioner of any determination.
RCW 50.04.070 — Washington Code / Title 50 / Chapter 04 / Section 070
RCW 50.04.070: Contributions.
Status: in_force

"Contributions" means the money payments due to the state unemployment compensation fund as provided in RCW 50.24.010 or to the special account in the administrative contingency fund under RCW 50.24.014 .
RCW 50.12.130 — Washington Code / Title 50 / Chapter 12 / Section 130
RCW 50.12.130: Oaths and witnesses—Subpoenas—Application for court approval prior to issuance—No notice required.
Status: in_force

(1) In the discharge of the duties imposed by this title, the appeal tribunal and any duly authorized representative of the commissioner shall have power to administer oaths and affirmations, take depositions, certify to official acts and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed to be necessary as evidence in connection with any dispute or the administration of this title. It shall be unlawful for any person, without just cause, to fail to comply with subpoenas issued pursuant to the provisions of this section. (2)(a) Any authorized representative of the commissioner may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed records or documents are located, or in Thurston county. The application must: (i) State that an order is sought pursuant to this subsection; (ii) Adequately specify the records, documents, or testimony; and (iii) Declare under oath that an investigation is being conducted for a lawfully authorized purpose related to an investigation within the department's authority and that the subpoenaed documents or testimony are reasonably related to an investigation within the department's authority. (b) Where the application under this subsection is made to the satisfaction of the court, the court must issue an order approving the subpoena. An order under this subsection constitutes authority of law for the agency to subpoena the records or testimony. (c) Any authorized representative of the commissioner may seek approval and a court may issue an order under this subsection without prior notice to any person, including the person to whom the subpoena is directed and the person who is the subject of an investigation.
RCW 50.76.900 — Washington Code / Title 50 / Chapter 76 / Section 900
RCW 50.76.900: Short title.
Status: in_force

This chapter may be known and cited as the Washington call center jobs act.
RCW 50A.15.050 — Washington Code / Title 50A / Chapter 15 / Section 050
RCW 50A.15.050: Timing of benefit payments—Employer contest of application.
Status: in_force

(1) Benefits provided under this title shall be paid periodically and promptly, except when an employer contests a period of family or medical leave. The department must send the first benefit payment to the employee within fourteen calendar days after the first properly completed weekly application is received by the department. Subsequent payments must be sent at least biweekly thereafter. If the employer contests an initial application for family or medical leave benefits, the employer must notify the employee and the department in a manner prescribed by the commissioner within eighteen days of receipt of notice from the department of the employee's filing of an application for benefits, as provided under RCW 50A.05.020 . Failure to timely contest an initial application shall constitute a waiver of objection to the family or medical leave application. Any inquiry which requires the employee's response in order to continue benefits uninterrupted or unmodified shall provide a reasonable time period in which to respond and include a clear and prominent statement of the deadline for responding and consequences of failing to respond. (2) If an employee has received one or more benefit payments under this title, is in continued claim status, and his or her eligibility for benefits is questioned by the department or contested by the employer, the employee will be conditionally paid benefits without delay for any periods for which the employee files a claim for benefits, until and unless the employee has been provided adequate notice and an opportunity to be heard. The employee's right to retain such payments is conditioned upon the department's finding the employee to be eligible for such payments. (a) At the employee's request, the department may hold conditional payments until the question of eligibility has been resolved. (b) Payments will be issued for any benefits withheld under (a) of this subsection if the department determines the employee is eligible for benefits. (c) If it is determined that the employee is ineligible for the weeks paid conditionally, the overpayment cannot be waived and must be repaid. (3) The department must develop, in rule, a process by which an employer may contest an initial application for family or medical leave benefits.
RCW 50.13.040 — Washington Code / Title 50 / Chapter 13 / Section 040
RCW 50.13.040: Access of individual or employing unit to records and information.
Status: in_force

(1) An individual shall have access to all records and information concerning that individual held by the employment security department, unless the information is exempt from disclosure under RCW 42.56.410 . (2) An employing unit shall have access to its own records and to any records and information relating to a benefit claim by an individual if the employing unit is either the individual's last employer or is the individual's base year employer. (3) An employing unit shall have access to any records and information relating to any decision to allow or deny benefits if: (a) The decision is based on employment or an offer of employment with the employing unit; or (b) If the decision is based on material information provided by the employing unit. (4) An employing unit shall have access to general summaries of benefit claims by individuals whose benefits are chargeable to the employing unit's experience rating or reimbursement account. (5) The employment security department may disclose records and information deemed confidential under this chapter to a third party acting on behalf of an individual or employing unit that would otherwise be eligible to receive records under subsections (1) through (4) of this section when the employment security department receives a release from the individual, the employing unit, or the third party. The release must be signed and include a statement: (a) Specifically identifying the information that is to be disclosed; (b) That state government files will be accessed to obtain the information; (c) Of the specific purpose or purposes for which the information is sought and that the information obtained under the release will only be used for that purpose or purposes; and (d) Indicating all the parties who may receive the information disclosed.
RCW 50A.25.040 — Washington Code / Title 50A / Chapter 25 / Section 040
RCW 50A.25.040: Access to records and information—Individuals—Interested parties—Employers—Third parties.
Status: in_force

(1) An individual shall have access to all records and information concerning that individual held by the department unless the information is exempt from disclosure under RCW 42.56.410 . (2) An employer shall have access to: (a) Its own records relating to any claim or determination for family or medical leave benefits by an individual; (b) Records and information relating to a decision to allow or deny benefits if the decision is based on material information provided by the employer; and (c) Records and information related to that employer's premium assessment. (3)(a) Any interested party may have access to the following records and information related to an employee's paid family or medical leave claim: (i) Type of leave being taken; (ii) Requested duration of leave including the approved dates of leave; and (iii) Whether the employee was approved for benefits and was paid benefits for any given week. (b) Any information provided under this subsection shall be considered accurate to the extent possible based on information available to the department at the time the request is processed. (c) Any information provided under this subsection may only be used for the purpose of administering internal employer leave or benefit practices under established employer policies. The department may investigate unauthorized uses of records and information obtained under this subsection in accordance with RCW 50A.40.010 . (d) For the purposes of this subsection, "interested party" means a current employer, a current employer's third-party administrator, or an employee. "Interested party" may be specified further in rule by the department. (4) The department may disclose records and information deemed confidential under this chapter to a third party acting on behalf of an individual or employer that would otherwise be eligible to receive records under subsection (1) or (2) of this section when the department receives a signed release from the individual or employer. The release must include a statement: (a) Specifically identifying the information that is to be disclosed; (b) That state government files will be accessed to obtain that information; (c) Of the specific purpose or purposes for which the information is sought and a statement that information obtained under the release will only be used for that purpose or purposes; and (d) Indicating all the parties who may receive the information disclosed. (5) Until February 15, 2029, to verify coverage and make payments to drivers for premiums paid, the department may disclose the following information to a transportation network company, as defined in RCW 49.46.300 , about a driver, as defined in RCW 49.46.300 : (a) When a driver has elected coverage; (b) A driver's assessed and paid premiums; (c) When a driver's elective coverage has been withdrawn or canceled; and (d) Information related to a third party acting on a driver's behalf with regard to reporting and paying of premiums.
RCW 50.65.020 — Washington Code / Title 50 / Chapter 65 / Section 020
RCW 50.65.020: Definitions.
Status: in_force

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Commissioner" means the commissioner of the employment security department. (2) "Department" means the employment security department. (3) "Enrollees" means those persons who have completed enrollment forms, completed a work agreement, and who have entered into the Washington service corps following the approval of the director of the supervising agency. (4) "Corps" means the Washington service corps. (5) "Work agreement" means the written agreement between the department, the enrollee and the supervising agency under this chapter for a period of up to eighteen months. (6) "Supervising agencies" means those private or public agencies which develop and implement full-time service projects in which enrollees agree to participate. (7) "Matching funds" means funding that is provided to the employment security department by agencies or individuals as financial support for a portion of the stipend or wage and benefits paid to the enrollee. (8) "Financial support" means any thing of value contributed by agencies or individuals to the department for a youth employment project which is reasonably calculated to support directly the development and expansion of a particular program under this chapter and which represents an addition to any financial support previously or customarily provided by the individual or agency. "Financial support" includes, but is not limited to funds, equipment, facilities, and training. (9) "Director" means the individual who shall serve as the director of the exchange.
RCW 50A.45.060 — Washington Code / Title 50A / Chapter 45 / Section 060
RCW 50A.45.060: Civil actions—Service of process.
Status: in_force

(1) If after due notice, any employer defaults in any payment of premiums, interest, or penalties, the amount due may be collected by civil action in the name of the state, and the employer adjudged in default shall pay the cost of such action. Any lien created by this title may be foreclosed by decree of the court in any such action. Civil actions brought under this title to collect premiums, interest, or penalties from an employer shall be heard by the court at the earliest possible date and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for judicial review under this title, cases arising under the unemployment compensation laws of this state, and cases arising under the industrial insurance laws of this state. (2) Any employer that is not a resident of this state and that exercises the privilege of having one or more individuals perform service for it within this state, and any resident employer that exercises that privilege and thereafter removes from this state, shall be deemed thereby to appoint the secretary of state as its agent and attorney for the acceptance of process in any action under this title. In instituting such an action against any such employer the commissioner shall cause such process or notice to be filed with the secretary of state and such service shall be sufficient service upon such employer, and shall be of the same force and validity as if served upon it personally within this state: PROVIDED, That the commissioner shall forthwith send notice of the service of such process or notice, together with a copy thereof, by registered mail, return receipt requested, to such employer at its last known address and such return receipt, the commissioner's affidavit of compliance with the provisions of this section, and a copy of the notice of service shall be appended to the original of the process filed in the court in which such action is pending.
RCW 50.04.340 — Washington Code / Title 50 / Chapter 04 / Section 340
RCW 50.04.340: Wages, remuneration—Death benefits excepted.
Status: in_force

Prior to January 1, 1951, the term "wages" shall not include the amount of any payment by an employing unit for or on behalf of an individual in its employ under a plan or system established by such employing unit which makes provision for individuals in its employ generally, or for a class or classes of such individuals (including any amount paid by an employing unit for insurance or annuities or into a fund to provide for any payment) on account of death, provided the individual in its employ (1) has not the option to receive instead of provisions for such death benefits, any part of such payment, or, if such death benefit is insured, any part of the premium (or contributions to premiums) paid by his or her employing unit; and (2) has not the right under the provisions of the plan or system or policy of insurance providing for such death benefits to assign such benefits or to receive a cash consideration in lieu of such benefits, either upon his or her withdrawal from the plan or system providing for such benefits or upon termination of such plan or system or policy of insurance or of his or her services with such employing unit.
RCW 50A.30.030 — Washington Code / Title 50A / Chapter 30 / Section 030
RCW 50A.30.030: Employees no longer covered.
Status: in_force

(1) An employee is no longer covered by an approved voluntary plan if family leave or the employee's medical leave occurred after the employment relationship with the voluntary plan employer ends, or if the commissioner terminates a voluntary plan. (2) An employee who has ceased to be covered by an approved voluntary plan is, if otherwise eligible, immediately entitled to benefits from the state program to the same extent as though there had been no exemption as provided in this title.
RCW 50.24.030 — Washington Code / Title 50 / Chapter 24 / Section 030
RCW 50.24.030: Contributions erroneously paid to United States or another state.
Status: in_force

Payments of contributions erroneously paid to an unemployment compensation fund of another state or to the United States government which should have been paid to this state and which thereafter shall be refunded by such other state or the United States government and paid by the employer to this state, shall be deemed to have been paid to this state and to have filed contribution reports thereon at the date of payment to the United States government or such other state.
RCW 50.20.043 — Washington Code / Title 50 / Chapter 20 / Section 043
RCW 50.20.043: Training provision.
Status: in_force

No otherwise eligible individual shall be denied benefits for any week because the individual is in training with the approval of the commissioner, nor shall such individual be denied benefits with respect to any week in which the individual is satisfactorily progressing in a training program with the approval of the commissioner by reason of the application of RCW 50.20.010 (1)(c), 50.20.080 , or 50.22.020 (1) relating to availability for work and active search for work, or failure to apply for or refusal to accept suitable work. An individual who the commissioner determines to be a dislocated worker as defined by RCW 50.04.075 and who is satisfactorily progressing in a training program approved by the commissioner shall be considered to be in training with the approval of the commissioner.
RCW 50.38.060 — Washington Code / Title 50 / Chapter 38 / Section 060
RCW 50.38.060: Department—Powers.
Status: in_force

To implement this chapter, the department has authority to: (1) Establish mechanisms to recover actual costs incurred in producing and providing otherwise nonfunded labor market information. (a) If the commissioner, in his or her discretion, determines that providing labor market information is in the public interest, the requested information may be provided at reduced costs. (b) The department shall provide access to labor market information products that constitute public records available for public inspection and copying under chapter 42.56 RCW, at fees not exceeding those allowed under RCW 42.56.120 and consistent with the department's fee schedule; (2) Receive federal set aside funds from several federal programs that are authorized to fund state and local labor market information and are required to use such information in support of their programs; (3) Enter into agreements with other public agencies for statistical analysis, research, or evaluation studies of local, state, and federally funded employment, training, education, and job creation programs to increase the efficiency or quality of service provided to the public consistent with chapter 50.13 RCW; (4) Coordinate with other state agencies to study ways to standardize federal and state multiagency administrative records, such as unemployment insurance information and other information to produce employment, training, education, and economic analysis needed to improve labor market information products and services; and (5) Produce agricultural labor market information and economic analysis needed to facilitate the efficient and effective matching of the local supply and demand of agricultural labor critical to an effective agricultural labor exchange in Washington state. Information collected for an agricultural labor market information effort will be coordinated with other federal, state, and local statistical agencies to minimize reporting burden through cooperative data collection efforts for statistical analysis, research, or studies.
RCW 50.06.900 — Washington Code / Title 50 / Chapter 06 / Section 900
RCW 50.06.900: Application of chapter—Recipients of industrial insurance or crime victims compensation.
Status: in_force

(1) This chapter shall be available to individuals who suffer a temporary total disability, compensable by an industrial insurance program, after June 29, 1975. (2) This chapter shall also be available to individuals who suffer a temporary total disability compensable under crime victims compensation laws, after June 7, 1984.
RCW 50A.45.055 — Washington Code / Title 50A / Chapter 45 / Section 055
RCW 50A.45.055: Liens—Insolvency, dissolution, or distribution of assets.
Status: in_force

In the event of any distribution of an employer's assets pursuant to an order of any court, including any receivership, probate, legal dissolution, or similar proceeding, or in case of any assignment for the benefit of creditors, composition, or similar proceeding, premiums, interest, or penalties then or thereafter due shall be a lien upon all the assets of such employer. Said lien is prior to all other liens or claims except prior tax liens, other liens provided by this title, and claims for remuneration for services of not more than two hundred fifty dollars to each claimant earned within six months of the commencement of the proceeding. The mere existence of a condition of insolvency or the institution of any judicial proceeding for legal dissolution or of any proceeding for distribution of assets shall cause such a lien to attach without action on behalf of the commissioner or the state. In the event of an employer's adjudication in bankruptcy, judicially confirmed extension proposal, or composition, under the federal bankruptcy act of 1898, as amended, premiums, interest, or penalties then or thereafter due shall be entitled to such priority as provided in that act, as amended.
RCW 50.75.060 — Washington Code / Title 50 / Chapter 75 / Section 060
RCW 50.75.060: Data collection.
Status: in_force

(1) Whenever the department conducts a field check or field visit of an employer, the department must collect the following information: (a) The number of H-2A workers the employer has at each work site; and (b) The actual geographic location of where the H-2A workers are living during their employment with the employer. (2) The department must compile the information and compare the number of workers sought by an employer on the employer's H-2A application with the number of H-2A workers actually working for the employer. (3) The department must make the information available to the advisory committee appointed under RCW 50.75.040 on a quarterly basis.
RCW 50.44.055 — Washington Code / Title 50 / Chapter 44 / Section 055
RCW 50.44.055: Finding—Intent—Reasonable assurance, application to employees of educational institutions.
Status: in_force

The legislature finds the interests of the state and its citizens are best served by a strong education system. Paramount to that system's success is the attraction and retention of qualified instructors. In order to attract and retain instructors, those who are subject to uncertainties of employment must be provided assurance that their economic needs are addressed. Contingent assurances of future employment are often speculative and do not rise to the level of other forms of assurance. As such, the factors presented in RCW 50.44.053 must be used to determine if reasonable assurance of employment exists. It is the intent of the legislature that reasonable assurance continue to apply to all employees of educational institutions as required by federal provisions and RCW 50.44.080 .
RCW 50A.30.060 — Washington Code / Title 50A / Chapter 30 / Section 060
RCW 50A.30.060: Amendment.
Status: in_force

(1) The commissioner must approve any amendment to a voluntary plan adjusting the provisions thereof, as to periods after the effective date of the amendment, when the commissioner finds: (a) That the plan, as amended, will conform to the standards set forth in this title; and (b) that notice of the amendment has been delivered to the employees at least ten days prior to the approval. (2) Nothing contained in this section is intended to deny or limit the right of the commissioner to adopt supplementary rules regarding voluntary plans.
RCW 50.04.170 — Washington Code / Title 50 / Chapter 04 / Section 170
RCW 50.04.170: Employment—Maritime service—Exceptions.
Status: in_force

(1)(a) Except for services subject to RCW 50.44.010 , 50.44.020 , 50.44.030 , or 50.50.010 , the term "employment" includes an individual's entire service as an officer or member of a crew of an American vessel wherever performed and whether in intrastate or interstate or foreign commerce, if the employer maintains within this state at the beginning of the pay period an operating office from which the operations of the vessel are ordinarily and regularly supervised, managed, directed, and controlled. (b) The term "employment" does not include: (i) Services performed by an individual on a boat engaged in catching fish or other forms of aquatic animal life under an arrangement with the owner or operator of the boat under which: (A) The individual does not receive any cash remuneration except as provided in (b)(i)(B) and (C) of this subsection; (B) The individual receives a share of the boat's, or the boats' in the case of a fishing operation involving more than one boat, catch of fish or other forms of aquatic animal life or a share of the proceeds from the sale of the catch; and (C) The amount of the individual's share depends on the amount of the boat's, or the boats' in the case of a fishing operation involving more than one boat, catch of fish or other forms of aquatic animal life, but only if the operating crew of the boat, or each boat from which the individual receives a share in the case of a fishing operation involving more than one boat, is normally made up of fewer than ten individuals. (ii) Services performed as an officer or member of the crew of a vessel not an American vessel and services on or in connection with an American vessel under a contract of service which is not entered into within the United States and during the performance of which the vessel does not touch at a port of the United States. (2) For the purposes of this section, "American vessel" means any vessel documented or numbered under the laws of the United States, and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country if its crew is employed solely by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any state.
RCW 50A.30.055 — Washington Code / Title 50A / Chapter 30 / Section 055
RCW 50A.30.055: Voluntary plans—Successor employer.
Status: in_force

A voluntary plan in force and effect at the time a successor acquires the organization, trade, or business, or substantially all the assets thereof, or a distinct and severable portion of the organization, trade, or business, and continues its operation without substantial reduction of personnel resulting from the acquisition, must continue the voluntary plan and may not withdraw the plan without a specific request for withdrawal in a manner and at a time specified by the commissioner. A successor may terminate a voluntary plan with notice to the commissioner and without a request to withdraw the plan within ninety days from the date of the acquisition.
RCW 50.65.060 — Washington Code / Title 50 / Chapter 65 / Section 060
RCW 50.65.060: Washington service corps—Placement under work agreements.
Status: in_force

Placements in the Washington service corps shall be made in supervising agencies under work agreements as provided under this chapter and shall include those assignments which provide for addressing community needs and conservation problems and will assist the community in economic development efforts. Each work agreement shall: (1) Demonstrate that the service project is appropriate for the enrollee's interests, skills, and abilities and that the project is designed to meet unmet community needs; (2) Include a requirement of regular performance evaluation. This shall include clear work performance standards set by the supervising agency and procedures for identifying strengths, recommended improvement areas and conditions for probation or dismissal of the enrollee; and (3) Include a commitment for partial financial support for the enrollee from private industry, public agencies, community groups, or foundations. The commissioner may establish additional standards for the development of placements for enrollees with supervising agencies and assure that the work agreements comply with those standards. This section shall not apply to conservation corps programs established by chapter 43.220 RCW. Agencies of the state may use the Washington service corps for the purpose of employing youth qualifying under this chapter.
RCW 50A.30.070 — Washington Code / Title 50A / Chapter 30 / Section 070
RCW 50A.30.070: Employer penalties.
Status: in_force

(1) An employer of a voluntary plan found to have violated this title shall be assessed the following monetary penalties: (a) One thousand dollars for the first violation; and (b) Two thousand dollars for the second and subsequent violations. (2) The commissioner shall waive collection of the penalty if the employer corrects the violation within thirty days of receiving a notice of the violation and the notice is for a first violation. (3) The commissioner may waive collection of any penalties if the commissioner determines the violation to be an inadvertent error by the employer. (4) Monetary penalties collected under this section shall be deposited in the family and medical leave enforcement account. (5) The department shall enforce the collection of penalties through conference and conciliation. (6) These penalties may be appealed as provided in RCW 50A.50.010 through 50A.50.200 .
RCW 50.12.290 — Washington Code / Title 50 / Chapter 12 / Section 290
RCW 50.12.290: Printed materials—Department's duties.
Status: in_force

When an employer initially files a business license application under chapter 19.02 RCW for the purpose, in whole or in part, of registering to pay unemployment insurance taxes, the employment security department must send to the employer any printed material the department recommends or requires the employer to post. Any time the printed material has substantive changes in the information, the department must send a copy to each employer.
RCW 50.04.206 — Washington Code / Title 50 / Chapter 04 / Section 206
RCW 50.04.206: Employment—Nonresident alien.
Status: in_force

The term "employment" shall not include service that is performed by a nonresident alien for the period he or she is temporarily present in the United States as a nonimmigrant under subparagraph (F), (H)(ii), (H)(iii), or (J) of section 101(a)(15) of the federal immigration and naturalization [nationality] act, as amended, and that is performed to carry out the purpose specified in the applicable subparagraph of the federal immigration and naturalization [nationality] act.
RCW 50.44.040 — Washington Code / Title 50 / Chapter 44 / Section 040
RCW 50.44.040: Services excluded under "employment" for certain purposes.
Status: in_force

The term "employment" as used in RCW 50.44.010 , 50.44.020 , and 50.44.030 shall not include service performed: (1) In the employ of (a) a church or convention or association of churches, or (b) an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches; however, the employer shall notify its employees as required by RCW 50.44.045 ; or (2) By a duly ordained, commissioned, or licensed minister of a church in the exercise of his or her ministry or by a member of a religious order in the exercise of duties required by such order; or (3) In a facility conducted for the purpose of carrying out a program of (a) rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury, or (b) providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market, by an individual receiving such rehabilitation or remunerative work; or (4) As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by a federal agency or an agency of a state or political subdivision thereof, by an individual receiving such work-relief or work-training; or (5) For a custodial or penal institution by an inmate of the custodial or penal institution; or (6) In the employ of a hospital, if such service is performed by a patient of such hospital; or (7) In the employ of a school, college, or university, if such service is performed (a) by a student who is enrolled and is regularly attending classes at such school, college, or university, or (b) by the spouse of such a student, if such spouse is advised, at the time such spouse commences to perform such service, that (i) the employment of such spouse to perform such service is provided under a program to provide financial assistance to such student by such school, college, or university, and (ii) such employment will not be covered by any program of unemployment insurance; or (8) By an individual under the age of twenty-two who is enrolled at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on as a student in a full time program, taken for credit at such institution, which combines academic instruction with work experience, if such service is an integral part of such program, and such institution has so certified to the employee, except that this subsection shall not apply to service performed in a program established for or on behalf of an employer or group of employers; or (9) In the employ of a nongovernmental preschool which is devoted exclusively to the area of child development training of preschool age children through an established curriculum of formal classroom or laboratory instruction which did not employ four or more individuals on each of some twenty days during the calendar year or the preceding calendar year, each day being in a different calendar week; or (10) In the employ of the state or any of its instrumentalities or political subdivisions of this state in any of its instrumentalities by an individual in the exercise of duties: (a) As an elected official; (b) As a member of the national guard or air national guard; or (c) In a policymaking position the performance of the duties of which ordinarily do not require more than eight hours per week.
RCW 50.50.903 — Washington Code / Title 50 / Chapter 50 / Section 903
RCW 50.50.903: Retroactive application—2001 1st sp.s. c 11.
Status: in_force

This act applies retroactively to services performed on or after December 21, 2000. Indian tribes or tribal units may elect to make payments in lieu of contributions effective December 21, 2000, or a subsequent date.
RCW 50.65.903 — Washington Code / Title 50 / Chapter 65 / Section 903
RCW 50.65.903: Conflict with federal requirements—1987 c 167.
Status: in_force

If any part of this chapter is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, such conflicting part of this chapter is declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this chapter. The rules under this chapter shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.
RCW 50.20.250 — Washington Code / Title 50 / Chapter 20 / Section 250
RCW 50.20.250: Self-employment assistance program—Finding—Department provides information to eligible individuals—Rules.
Status: in_force

(1) The legislature finds that the establishment of a self-employment assistance program would assist unemployed individuals and create new businesses and job opportunities in Washington state. The department must inform all individuals eligible under the terms of RCW 50.20.010 of the availability of self-employment assistance and entrepreneurial training programs and of the training provisions of RCW 50.20.043 which would allow them to pursue commissioner-approved training. In addition, when individuals are identified as likely to exhaust benefits under RCW 50.20.011 , and when individuals are otherwise eligible for commissioner-approved training under RCW 50.20.043 , the department must inform such individuals of the opportunity to enroll in commissioner-approved self-employment assistance programs. (2) An unemployed individual is eligible to participate in a self-employment assistance program if it has been determined that he or she: (a) Is otherwise eligible for regular benefits as defined in RCW 50.22.010 ; (b) Has been identified as likely to exhaust regular unemployment benefits under a profiling system established by the commissioner as defined in P.L. 103-152 or is otherwise eligible for commissioner-approved training under RCW 50.20.043 ; and (c) Is enrolled in a self-employment assistance program that is approved by the commissioner, and includes entrepreneurial training, business counseling, technical assistance, and requirements to engage in activities relating to the establishment of a business and becoming self-employed. (3) Individuals participating in a self-employment assistance program approved by the commissioner are eligible to receive their regular unemployment benefits. (a) The requirements of RCW 50.20.010 and 50.20.080 relating to availability for work, active search for work, and refusal to accept suitable work are not applicable to an individual in the self-employment assistance program for the first fifty-two weeks of the individual's participation in the program. However, enrollment in a self-employment assistance program does not entitle the enrollee to any benefit payments he or she would not be entitled to had he or she not enrolled in the program. (b) An individual who meets the requirements of this section is considered to be "unemployed" under RCW 50.04.310 and 50.20.010 . (4) An individual who fails to participate in his or her approved self-employment assistance program as prescribed by the commissioner is disqualified from continuation in the program. (5) The commissioner must take all steps necessary in carrying out this section to assure collaborative involvement of interested parties in program development, and to ensure that the self-employment assistance programs meet all federal criteria for withdrawal from the unemployment fund. The commissioner may approve, as self-employment assistance programs, existing self-employment training programs available through community colleges, workforce development boards, or other organizations and is not obligated by this section to expend any departmental funds for the operation of self-employment assistance programs, unless specific funding is provided to the department for that purpose through federal or state appropriations. (6) The commissioner may adopt rules as necessary to implement this section.
RCW 50A.05.100 — Washington Code / Title 50A / Chapter 05 / Section 100
RCW 50A.05.100: Discrimination laws not affected.
Status: in_force

Nothing in this title shall be construed to modify or affect any state or local law prohibiting discrimination on the basis of race, creed, religion, color, national origin, families with children, sex, marital status, sexual orientation including gender expression or identity, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
RCW 50.13.090 — Washington Code / Title 50 / Chapter 13 / Section 090
RCW 50.13.090: Disclosure of records or information to contracting governmental or private organizations.
Status: in_force

Where the employment security department contracts to provide services to other governmental or private organizations, the department may disclose to those organizations information or records deemed private and confidential which have been acquired in the performance of the department's obligations under the contracts.
RCW 50.16.060 — Washington Code / Title 50 / Chapter 16 / Section 060
RCW 50.16.060: Replacement of federal funds.
Status: in_force

The state of Washington hereby pledges that it will replace within a reasonable time any moneys paid to this state under Title III of the social security act, and the Wagner-Peyser act, which, because of any action or contingency, have been lost or have been expended for purposes other than, or in amounts in excess of, those found necessary by the secretary of labor for the proper administration of the Washington employment security act.
RCW 50A.45.035 — Washington Code / Title 50A / Chapter 45 / Section 035
RCW 50A.45.035: Collection by distraint, seizure, and sale—Procedure.
Status: in_force

The commissioner, upon making a distraint, shall seize the property and shall make an inventory of the property distrained, a copy of which shall be mailed to the owner of such property or personally delivered to him or her, and shall specify the time and place when said property shall be sold. A notice specifying the property to be sold and the time and place of sale shall be posted in at least two public places in the county wherein the seizure has been made. The time of sale shall be not less than ten nor more than twenty days from the date of posting of such notices. Said sale may be adjourned from time to time at the discretion of the commissioner, but not for a time to exceed in all sixty days. Said sale shall be conducted by the commissioner or his or her authorized representative who shall proceed to sell such property by parcel or by lot at a public auction, and who may set a minimum price to include the expenses of making a levy and of advertising the sale, and if the amount bid for such property at the sale is not equal to the minimum price so fixed, the commissioner or his or her representative may declare such property to be purchased by the employment security department for such minimum price. In such event the delinquent account shall be credited with the amount for which the property has been sold. Property acquired by the employment security department as herein prescribed may be sold by the commissioner or his or her representative at public or private sale, and the amount realized shall be placed in the family and medical leave account. In all cases of sale, as aforesaid, the commissioner shall issue a bill of sale or a deed to the purchaser and said bill of sale or deed shall be prima facie evidence of the right of the commissioner to make such sale and conclusive evidence of the regularity of his or her proceeding in making the sale, and shall transfer to the purchaser all right, title, and interest of the delinquent employer in said property. The proceeds of any such sale, except in those cases wherein the property has been acquired by the employment security department, shall be first applied by the commissioner in satisfaction of the delinquent account, and out of any sum received in excess of the amount of delinquent premiums, interest, and penalties the administration fund shall be reimbursed for the costs of distraint and sale. Any excess which shall thereafter remain in the hands of the commissioner shall be refunded to the delinquent employer. Sums so refundable to a delinquent employer may be subject to seizure or distraint in the hands of the commissioner by any other taxing authority of the state or its political subdivisions.
RCW 50.13.110 — Washington Code / Title 50 / Chapter 13 / Section 110
RCW 50.13.110: Disclosure of confidential information—Duty to prevent—Prohibition—Penalties—Exemptions.
Status: in_force

(1) All private persons, governmental agencies, and organizations authorized to receive information from the employment security department under this chapter have an affirmative obligation to take all reasonable actions necessary that are designed to prevent the disclosure of confidential information. (2) The disclosure of any records or information by a private person, governmental agency, or organization that obtained the records or information from the employment security department under this chapter is prohibited unless expressly permitted by this chapter. (3) If misuse or an unauthorized disclosure of confidential records or information occurs, all parties aware of the violation must inform the employment security department immediately and take all reasonably available actions to rectify the disclosure to the employment security department's standards. (4) The misuse or unauthorized disclosure of records or information deemed private and confidential under this chapter by any private person, governmental agency, or organization to which access is permitted by this chapter shall subject the person, governmental agency, or organization to a civil penalty of up to twenty thousand dollars in 2018 and annually adjusted by the employment security department on the first calendar day of each year based on changes in the United States consumer price index for all urban consumers. Other applicable sanctions under state and federal law also apply. The amount of any penalties collected shall be paid into the employment security department administrative contingency fund. The attorney general may recover reasonable attorneys' fees for any action brought to enforce this section. (5) Any redisclosure of information obtained under this chapter by a private person, governmental agency, or organization must be expressly permitted by the employment security department prior to redisclosure. Failure to obtain prior approval by the employment security department could subject the private person, governmental agency, or organization to the penalties described in subsection (4) of this section. (6) State and local governmental agencies and federally recognized Indian tribes as defined in Title 26 U.S.C. Sec. 3306(u) of the federal unemployment tax act are exempt from the penalties described in subsection (4) of this section if the redisclosure is necessary for the state, local, or tribal government to conduct a criminal prosecution.
RCW 50.65.240 — Washington Code / Title 50 / Chapter 65 / Section 240
RCW 50.65.240: Washington serves—Disqualification for Washington service corps participation.
Status: in_force

No individual may participate in the Washington serves program created by chapter 7, Laws of 1993 sp. sess., if the person has previously participated for six months or longer in the Washington service corps within the last three years.
RCW 50.04.232 — Washington Code / Title 50 / Chapter 04 / Section 232
RCW 50.04.232: Employment—Travel services.
Status: in_force

The term "employment" shall not include service performed by an outside agent who sells or arranges for travel services that are provided to a travel agent as defined and registered under RCW 19.138.021 , to the extent the outside agent is compensated by commission.
RCW 50.08.010 — Washington Code / Title 50 / Chapter 08 / Section 010
RCW 50.08.010: Employment security department established.
Status: in_force

There is established the employment security department for the state, to be administered by a commissioner. The commissioner shall be appointed by the governor with the consent of the senate, and shall hold office at the pleasure of, and receive such compensation for his or her services as may be fixed by, the governor.
RCW 50.65.906 — Washington Code / Title 50 / Chapter 65 / Section 906
RCW 50.65.906: Conflict with federal requirements—1993 sp.s. c 7.
Status: in_force

If any part of this act is found to be in conflict with federal requirements which are prescribed conditions to the receipt of federal funds or participation in any federal program, such conflicting part of this act is declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of the act. Rules adopted pursuant to this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.
RCW 50B.04.010 — Washington Code / Title 50B / Chapter 04 / Section 010
RCW 50B.04.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Account" means the long-term services and supports trust account created in RCW 50B.04.100 . (2) "Approved service" means long-term services and supports including, but not limited to: (a) Adult day services; (b) Care transition coordination; (c) Memory care; (d) Adaptive equipment and technology; (e) Environmental modification; (f) Personal emergency response system; (g) Home safety evaluation; (h) Respite for family caregivers; (i) Home delivered meals; (j) Transportation; (k) Dementia supports; (l) Education and consultation; (m) Eligible relative care; (n) Professional services; (o) Services that assist paid and unpaid family members caring for eligible individuals, including training for individuals providing care who are not otherwise employed as long-term care workers under RCW 74.39A.074 ; (p) In-home personal care; (q) Assisted living services; (r) Adult family home services; and (s) Nursing home services. (3) "Benefit unit" means up to $100 paid by the department of social and health services to a long-term services and supports provider as reimbursement for approved services provided to an eligible beneficiary on a specific date. The benefit unit must be adjusted annually at a rate no greater than the Washington state consumer price index, as determined solely by the council. Any changes adopted by the council shall be subject to revision by the legislature. (4) "Commission" means the long-term services and supports trust commission established in RCW 50B.04.030 . (5) "Council" means the long-term services and supports trust council established in RCW 50B.04.040 . (6) "Eligible beneficiary" means a qualified individual who is age 18 or older, has been determined to meet the minimum level of assistance with activities of daily living necessary to receive benefits through the trust program, as established in this chapter, and has not exhausted the lifetime limit of benefit units. (7) "Employee" has the meaning provided in RCW 50A.05.010 . (8) "Employer" has the meaning provided in RCW 50A.05.010 . (9) "Employment" has the meaning provided in RCW 50A.05.010 . (10) "Exempt employee" means a person who has been granted a premium assessment exemption by the employment security department. (11) "Long-term services and supports provider" means: (a) For entities providing services to an eligible beneficiary in Washington, an entity that meets the qualifications applicable in law to the approved service they provide, including a qualified or certified home care aide, licensed assisted living facility, licensed adult family home, licensed nursing home, licensed in-home services agency, adult day services program, vendor, instructor, qualified family member, or other entities as registered by the department of social and health services; and (b) For entities providing services to an eligible beneficiary outside Washington, an entity that meets minimum standards for care provision and program administration, as established by the department of social and health services, and that is appropriately credentialed in the jurisdiction in which the services are being provided as established by the department of social and health services. (12) "Premium" or "premiums" means the payments required by RCW 50B.04.080 and paid to the employment security department for deposit in the account created in RCW 50B.04.100 . (13) "Program" means the long-term services and supports trust program established in this chapter. (14) "Qualified family member" means a relative of an eligible beneficiary qualified to meet requirements established in state law for the approved service they provide that would be required of any other long-term services and supports provider to receive payments from the state. (15) "Qualified individual" means an individual who meets the duration of payment requirements, as established in this chapter. (16) "State actuary" means the office of the state actuary created in RCW 44.44.010 . (17) "Wage or wages" means all remuneration paid by an employer to an employee. Remuneration has the meaning provided in RCW 50A.05.010 . All wages are subject to a premium assessment and not limited by the commissioner of the employment security department, as provided under RCW 50A.10.030 (4).
RCW 50A.05.040 — Washington Code / Title 50A / Chapter 05 / Section 040
RCW 50A.05.040: Ombuds.
Status: in_force

(1) The commissioner shall establish an ombuds office for family and medical leave within the department. The ombuds shall be appointed by the governor and report directly to the commissioner of the department. The ombuds is available to all employers and employees in the state. (2) The person appointed ombuds shall hold office for a term of six years and shall continue to hold office until reappointed or until his or her successor is appointed. The governor may remove the ombuds only for neglect of duty, misconduct, or inability to perform duties. Any vacancy shall be filled by similar appointment for the remainder of the unexpired term. (3) The ombuds shall: (a) Offer and provide information on family and medical leave to employers and employees; (b) Act as an advocate for employers and employees in their dealings with the department; (c) Identify, investigate, and facilitate resolution of disputes and complaints under this title; and (d) Refer complaints to the department when appropriate. (4) The ombuds may conduct surveys of employees. Survey questions and results are confidential and not subject to public disclosure. (5) The ombuds is not liable for the good faith performance of responsibilities under this title. (6) All of the ombuds' records and files relating to any complaint or investigation made pursuant to carrying out the ombuds' duties and the identities of complainants, witnesses, workers, or employers shall remain confidential unless disclosure is authorized by the complainant worker or his or her guardian or legal representative or the employer or the employer's legal representative. No disclosures may be made outside the office of the ombuds without the consent of the named witnesses or complainants unless the disclosure is made without the identity of any of the individuals being disclosed.
RCW 50.12.020 — Washington Code / Title 50 / Chapter 12 / Section 020
RCW 50.12.020: Personnel appointed by commissioner.
Status: in_force

The commissioner is authorized to appoint and fix the compensation of such officers, accountants, experts, and other personnel as may be necessary to carry out the provisions of this title: PROVIDED, That such appointment shall be made on a nonpartisan merit basis in accordance with the provisions of this title relating to the selection of personnel. The commissioner may delegate to any person appointed such power and authority as the commissioner deems reasonable and proper for the effective administration of this title, including the right to decide matters placed in the commissioner's discretion under this title, and may in his or her discretion bond any person handling moneys or signing checks hereunder.
RCW 50.62.030 — Washington Code / Title 50 / Chapter 62 / Section 030
RCW 50.62.030: Job service program or activity—Enrollment in self-employment assistance or entrepreneurial training programs.
Status: in_force

(1) Job service resources must be used to assist with the reemployment of unemployed workers using the most efficient and effective means of service delivery. The job service program of the employment security department may undertake any program or activity for which funds are available and which furthers the goals of this chapter. These programs and activities must include, but are not limited to: (a) Giving older unemployed workers and the long-term unemployed the highest priority for all services made available under this section. The employment security department must make the services provided under this chapter available to the older unemployed workers and the long-term unemployed as soon as they register under the employment assistance program; (b) Supplementing basic employment services, with special job search and claimant placement assistance designed to assist unemployment insurance claimants to obtain employment; (c) Providing employment services, such as recruitment, screening, and referral of qualified workers, to agricultural areas where these services have in the past contributed to positive economic conditions for the agricultural industry; and (d) Providing otherwise unobtainable information and analysis to the legislature and program managers about issues related to employment and unemployment. (2) Individuals who are eligible for services under the federal workforce innovation and opportunity act, P.L. 113-128 or its successor, must be provided the opportunity to enroll in self-employment assistance or entrepreneurial training programs to prepare them for self-employment on the same basis as they are provided the opportunity to enroll in other training programs funded under the federal workforce innovation and opportunity act. The department must work with local workforce development councils to ensure that the contracting process with training providers is efficient and that the number of entrepreneurial training providers on the state's eligible training provider list is sufficient to meet demand. Each local workforce development council must: (a) Notify all individuals eligible for services under the workforce innovation and opportunity act of the availability of self-employment assistance and entrepreneurial training; and (b) Establish and implement a plan for expending workforce innovation and opportunity act funds on self-employment assistance and entrepreneurial training at a rate that is commensurate with either the demand for such services or the rate of self-employment within the council's workforce development area.
RCW 50.22.050 — Washington Code / Title 50 / Chapter 22 / Section 050
RCW 50.22.050: Total extended benefit amount—Reduction.
Status: in_force

(1) The total extended benefit amount payable to any eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts: (a) Fifty percent of the total amount of regular benefits which were payable to him or her under this title in his or her applicable benefit year; (b) Thirteen times his or her weekly benefit amount which was payable to him or her under this title for a week of total unemployment in the applicable benefit year; or (c) Thirty-nine times his or her weekly benefit amount which was payable to him or her under this title for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid (or deemed paid) to him or her under this title with respect to the benefit year. (2) Notwithstanding any other provision of this chapter, if the benefit year of any eligible individual ends within an extended benefit period, the extended benefits which the individual would otherwise be entitled to receive with respect to weeks of unemployment beginning after the end of the benefit year and within the extended benefit period shall be reduced (but not below zero) by the product of the number of weeks for which the individual received any amount as a trade readjustment allowance within that benefit year, multiplied by the individual's weekly extended benefit amount. (3) Effective for weeks beginning in a high unemployment period as defined in RCW 50.22.010 (3) the total extended benefit amount payable to any eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts: (a) Eighty percent of the total amount of regular benefits that were payable to him or her under this title in his or her applicable benefit year; (b) Twenty times his or her weekly benefit amount that was payable to him or her under this title for a week of total unemployment in the applicable benefit year; or (c) Forty-six times his or her weekly benefit amount that was payable to him or her under this title for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid, or deemed paid, to him or her under this title with respect to the benefit year.
RCW 50.12.365 — Washington Code / Title 50 / Chapter 12 / Section 365
RCW 50.12.365: Plain language required for letters, alerts, and notices.
Status: in_force

(1) The department must designate department employees to assure that letters, alerts, and notices produced manually or by the department's unemployment insurance technology system are written in plainly understood language and tested on claimants before they are approved for use. Criteria for approval must include comprehensibility, clarity, and readability. If the messaging of any letter, alert, or notice falls short of those criteria, manual methods of producing a comprehensible version shall be considered while the department waits for their unemployment insurance technology system to incorporate required modifications. (2) Determinations and redeterminations must clearly convey applicable statute numbers, a brief explanation of pertinent law, outline of relevant facts, reasoning, decision, and result. (3) The department will work with an unemployment insurance advisory committee comprised of business and worker advocates to explore: (a) Establishing thresholds that will trigger automatic adjustments in department staffing assignments and phone agent staffing levels; (b) Establishing a pilot to provide a caseworker approach to the claims of a group of claimants with that casework carrying over to reemployment services; (c) Increasing language access, including by providing translation of notices sent to claimants as part of their unemployment insurance claims; and (d) Frequency of the initial and continuing training to meet the needs of RCW 50.12.360 . (4) Dedicated toll-free phone lines must be established for claimants who lack computer skills or access to computers, claimants with disabilities, and claimants with limited English proficiency.
RCW 50.24.050 — Washington Code / Title 50 / Chapter 24 / Section 050
RCW 50.24.050: Lien for contributions generally.
Status: in_force

The claim of the employment security department for any contributions, interest, or penalties not paid when due, shall be a lien prior to all other liens or claims and on a parity with prior tax liens against all property and rights to property, whether real or personal, belonging to the employer. In order to avail itself of the lien hereby created, the department shall file with any county auditor where property of the employer is located a statement and claim of lien specifying the amount of delinquent contributions, interest, and penalties claimed by the department. From the time of filing for record, the amount required to be paid shall constitute a lien upon all property and rights to property, whether real or personal, in the county, owned by the employer or acquired by him or her. The lien shall not be valid against any purchaser, holder of a security interest, mechanic's lien, or judgment lien creditor until notice thereof has been filed with the county auditor. This lien shall be separate and apart from, and in addition to, any other lien or claim created by, or provided for in, this title. When any such notice of lien has been so filed, the commissioner may release the same by filing a certificate of release when it shall appear that the amount of delinquent contributions, interest, and penalties have been paid, or when such assurance of payment shall be made as the commissioner may deem to be adequate. Fees for filing and releasing the lien provided herein may be charged to the employer and may be collected from the employer utilizing the remedies provided in this title for the collection of contributions.
RCW 50.65.250 — Washington Code / Title 50 / Chapter 65 / Section 250
RCW 50.65.250: Washington serves—Volunteers—Selection—Placement.
Status: in_force

(1) Program volunteers shall be selected from among qualified individuals submitting applications for full-time service at such time, in such form, and containing such information as may be necessary to evaluate the suitability of each individual for service, and available placements. The commissioner or the commissioner's designee shall review the application of each individual who applies in conformance with selection criteria established by the commissioner after consultation with the council, and who, on the basis of the information provided in the application, is determined to be suitable to serve as a volunteer under the Washington serves program. (2) Within available funds, volunteers may be placed with any public or private nonprofit organization, program, or project that qualifies to accept program volunteers according to the rules and application procedures established by the commissioner. Work shall benefit the community or state at large and may include but is not limited to programs, projects, or activities that: (a) Address the problems of jobless, homeless, hungry, illiterate, or functionally illiterate persons, and low-income youths; (b) Provide support and a special focus on those project activities that address the needs of the unemployed and those in need of job training or retraining; (c) Address significant health care problems, including services to homeless individuals and other low-income persons, especially children, through prevention and treatment; (d) Meet the health, education, welfare, or related needs of low-income persons, particularly children and low-income minority communities; (e) Provide care or rehabilitation services to the mentally ill, developmentally disabled, or other persons with disabilities; (f) Address the educational and education-related needs of children, youth, families, and young adults within public educational institutions or related programs; (g) Address alcohol and drug abuse prevention, education, and related activities; and (h) Seek to enhance, improve, or restore the environment or that educate or advocate for a sustainable environment. (3) Every reasonable effort shall be made to place participants in programs, projects, or activities of their choice if the agencies, programs, or activities are consistent with the intent and purposes of the Washington serves program, if there is mutual agreement between the agency, program, or activity and the volunteer, and if the volunteer's service is consistent with the intent and purpose of the program and would benefit the community or the state as a whole.
RCW 50.04.152 — Washington Code / Title 50 / Chapter 04 / Section 152
RCW 50.04.152: Employment—Farm internship program.
Status: in_force

(1) Except for services subject to RCW 50.44.010 , 50.44.020 , 50.44.030 , or 50.50.010 , the term "employment" does not include service performed in agricultural labor by a farm intern providing his or her services under a farm internship program as established in RCW 49.12.471 . (2) For purposes of this section, "agricultural labor" means: (a) Services performed on a farm, in the employ of any person, in connection with the cultivation of the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wildlife, or in the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment; (b) Services performed in packing, packaging, grading, storing, or delivering to storage, or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; but only if such service is performed as an incident to ordinary farming operations. The exclusions from the term "employment" provided in this subsection (2)(b) are not applicable with respect to commercial packing houses, commercial storage establishments, commercial canning, commercial freezing, or any other commercial processing or with respect to services performed in connection with the cultivation, raising, harvesting, and processing of oysters or raising and harvesting of mushrooms; or (c) Direct local sales of any agricultural or horticultural commodity after its delivery to a terminal market for distribution or consumption.
RCW 50A.25.050 — Washington Code / Title 50A / Chapter 25 / Section 050
RCW 50A.25.050: Access to information or records for use in a proceeding before the appeal tribunal or commissioner.
Status: in_force

(1) Any interested party, as defined by rule, in a proceeding before the appeal tribunal or commissioner shall have access to any information or records deemed private and confidential under this chapter if the information or records are material to the issues in that proceeding. (2) No decision by the commissioner or the appeals tribunal shall be deemed private and confidential under this chapter unless the decision is based on information obtained in a closed hearing.
RCW 50.13.120 — Washington Code / Title 50 / Chapter 13 / Section 120
RCW 50.13.120: Administration and oversight of this chapter—Agency privacy officer—Report to governor and legislature.
Status: in_force

(1) The employment security department shall designate an agency privacy officer to oversee the administration of this chapter and chapter 50A.25 RCW. In coordination with the state office of privacy and data protection, the agency privacy officer must: (a) Develop an agency personal information minimization policy to reduce the use and retention of personal information wherever possible; (b) Create a work plan that includes the estimated costs of execution for the following: (i) An inventory of all personal information prepared, owned, used, or retained by the employment security department, that would include the specific type of information, the purpose for its collection, and the extent to which the information is protected from unauthorized access; and (ii) A map of the physical or digital location of all personal information collected by the employment security department, indexed to the inventory created in (b)(i) of this subsection; and (c) Report the work plan created under (b) of this subsection to the state office of privacy and data protection annually. (2) Any inventory or data map records created under subsection (1)(b) of this section that reveal the location of personal information or the extent to which it is protected may not be disclosed under the public records act, chapter 42.56 RCW. (3) On December 1st of each odd-numbered year, the employment security department must report to the governor and the legislature on the implementation and maintenance of this section, including best practices and recommendations for developing and implementing the employment security department's policy and plan under this section. (4) For purposes of this section, "personal information" means any information obtained by the employment security department deemed private and confidential under this chapter and chapter 50A.25 RCW.
RCW 50.40.010 — Washington Code / Title 50 / Chapter 40 / Section 010
RCW 50.40.010: Waiver of rights void.
Status: in_force

(1) Any agreement by an individual to waive, release, or commute his or her rights to benefits or any other rights under this title shall be void. (2) Any agreement by an individual in the employ of any person or concern to pay all or any portion of an employer's contributions, required under this title from such employer, shall be void. (3) No employer shall directly or indirectly make or require or accept any deduction from remuneration for services to finance the employer's contributions required from him or her, or require or accept any waiver of any right hereunder by any individual in his or her employ. (4) A person violating this section is guilty of a gross misdemeanor.
RCW 50.20.095 — Washington Code / Title 50 / Chapter 20 / Section 095
RCW 50.20.095: Disqualification for attending school or institution of higher education.
Status: in_force

Any individual registered at an established school in a course of study providing scholastic instruction of twelve or more hours per week, or the equivalent thereof, shall be disqualified from receiving benefits or waiting period credit for any week during the school term commencing with the first week of such scholastic instruction or the week of leaving employment to return to school, whichever is the earlier, and ending with the week immediately before the first full week in which the individual is no longer registered for twelve or more hours of scholastic instruction per week: PROVIDED, That registration for less than twelve hours will be for a period of sixty days or longer. The term "school" includes primary schools, secondary schools, and "institutions of higher education" as that phrase is defined in RCW 50.44.037 . This disqualification shall not apply to any individual who: (1) Is in approved training within the meaning of RCW 50.20.043 ; (2) Is in an approved self-employment assistance program under RCW 50.20.250 ; or (3) Demonstrates to the commissioner by a preponderance of the evidence his or her actual availability for work, and in arriving at this determination the commissioner shall consider the following factors: (a) Prior work history; (b) Scholastic history; (c) Past and current labor market attachment; and (d) Past and present efforts to seek work.
RCW 50.24.180 — Washington Code / Title 50 / Chapter 24 / Section 180
RCW 50.24.180: Injunction proceedings.
Status: in_force

Any employer who shall be delinquent in the payment of contributions, interest, or penalties may be enjoined upon the suit of the state of Washington from continuing in business in this state or employing persons herein until the delinquent contributions, interest, and penalties shall have been paid, or until the employer shall have furnished a good and sufficient bond in a sum equal to double the amount of contributions, interest, and penalties already delinquent, plus such further sum as the court shall deem adequate to protect the department in the collection of contributions, interest, and penalties which will become due from such employer during the next ensuing calendar year, said bond to be conditioned upon payment of all contributions, interest, and penalties due and owing within thirty days after the expiration of the next ensuing calendar year or at such earlier date as the court may fix. Action pursuant to the provisions of this section may be instituted in the superior court of any county of the state wherein the employer resides, has its principal place of business, or where it has anyone performing services for it, whether or not such services constitute employment.
RCW 50A.10.040 — Washington Code / Title 50A / Chapter 10 / Section 040
RCW 50A.10.040: Out-of-state employees—Premium waiver.
Status: in_force

(1) An employer may file an application with the department for a conditional waiver for the payment of family and medical leave premiums, assessed under RCW 50A.10.030 , for any employee who: (a) Primarily performs work outside of the state; (b) Is employed in the state on a limited or temporary work schedule; and (c) Is not expected to be employed in the state for eight hundred twenty hours or more in a period of four consecutive completed calendar quarters. (2) Both the employee and employer must sign the application verifying their belief that the conditions in subsection (1) of this section will be met. (3) If the department finds any of the conditions in subsection (1) of this section are no longer satisfied, or were not satisfied at any point after a conditional waiver was approved and is in effect, the department will consider the conditional waiver expired and the employer and employee will be responsible for their shares of all premiums that would have been paid during this period had the waiver not been granted. Upon payment of the missed premiums, the employee will be credited for the hours worked and will be eligible for benefits under this title as if the premiums were originally paid.
RCW 50.65.320 — Washington Code / Title 50 / Chapter 65 / Section 320
RCW 50.65.320: Washington serves—Service placement—Work agreements—Contracts—Rules for agencies—Financial support for organizations.
Status: in_force

The executive administrator of the Washington serves program shall recruit and develop service placements and may enter into work agreements or contracts as needed to implement the Washington serves program. The commissioner, after consultation with the council, may adopt rules for participating agencies which rules may include, but are not limited to: Supervision of volunteers, reasonable work space or other working environment conditions, ongoing training, the handling of grievances or disputes, performance evaluations, frequency of agency contacts, and liability insurance coverage. The commissioner shall determine financial support levels for organizations receiving volunteer placements that will provide matching funds for enrollees in service projects under work agreements.
RCW 50.20.042 — Washington Code / Title 50 / Chapter 20 / Section 042
RCW 50.20.042: Unemployed aerospace workers—Training.
Status: in_force

Aerospace workers unemployed as the result of downsizing and restructuring of the aerospace industry will be deemed to be dislocated workers for the purpose of commissioner approval of training under RCW 50.20.043 .
RCW 50A.45.020 — Washington Code / Title 50A / Chapter 45 / Section 020
RCW 50A.45.020: Jeopardized collection—Immediate assessment.
Status: in_force

If the commissioner has reason to believe that an employer is insolvent or if any reason exists why the collection of any premiums accrued will be jeopardized by delaying collection, he or she may make an immediate assessment thereof and may proceed to enforce collection immediately, but interest and penalties shall not begin to accrue upon any premiums until the date when such premiums would normally have become delinquent.
RCW 50.32.120 — Washington Code / Title 50 / Chapter 32 / Section 120
RCW 50.32.120: Procedure for judicial review.
Status: in_force

Judicial review of a decision of the commissioner involving the review of an appeals tribunal decision may be had only in accordance with the procedural requirements of RCW 34.05.570 .
RCW 50.40.020 — Washington Code / Title 50 / Chapter 40 / Section 020
RCW 50.40.020: Exemption of benefits.
Status: in_force

Any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this title shall be void. Such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debts, except as provided in RCW 50.40.050 . Benefits received by any individual, so long as they are not commingled with other funds of the recipient, shall be exempt from any remedy whatsoever for collection of all debts except debts incurred for necessaries furnished such individual or his or her spouse or dependents during the time when such individual was unemployed. Any waiver of any exemption provided for in this section shall be void.
RCW 50.32.025 — Washington Code / Title 50 / Chapter 32 / Section 025
RCW 50.32.025: Mailed appeal or petition.
Status: in_force

The appeal or petition from a determination, redetermination, order and notice of assessment, appeals decision, or commissioner's decision which is (1) transmitted through the United States mail, shall be deemed filed and received by the addressee on the date shown by the United States postal service cancellation mark stamped by the United States postal service employees upon the envelope or other appropriate wrapper containing it or, (2) mailed but not received by the addressee, or where received and the United States postal service cancellation mark is illegible, erroneous or omitted, shall be deemed filed and received on the date it was mailed, if the sender establishes by competent evidence that the appeal or petition was deposited in the United States mail on or before the date due for filing: PROVIDED, That in the case of a metered cancellation mark by the sender and a United States postal service cancellation mark on the same envelope or other wrapper, the latter shall control: PROVIDED, FURTHER, That in any of the above circumstances, the appeal or petition must be properly addressed and have sufficient postage affixed thereto.
RCW 50.50.900 — Washington Code / Title 50 / Chapter 50 / Section 900
RCW 50.50.900: Conflict with federal requirements—2001 1st sp.s. c 11.
Status: in_force

If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this act. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.
RCW 50.04.900 — Washington Code / Title 50 / Chapter 04 / Section 900
RCW 50.04.900: Construction—Title applicable to state registered domestic partnerships—2009 c 521.
Status: in_force

For the purposes of this title, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
RCW 50.40.071 — Washington Code / Title 50 / Chapter 40 / Section 071
RCW 50.40.071: Accessible communities account—Creation.
Status: in_force

(1) The accessible communities account is created in the custody of the state treasurer. One hundred dollars of the assessment imposed under RCW 46.19.050 (2), (3), and (4) must be deposited into the account. Any reduction in the penalty or fine and assessment imposed under section 6, chapter 215, Laws of 2010 shall be applied proportionally between the penalty or fine and the assessment. (2) The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Only the commissioner may authorize expenditures from the account. (3) Expenditures from the account may be used for promoting greater awareness of disability issues and improved access for and inclusion and acceptance of persons with disabilities in communities in the state of Washington, including: (a) Reimbursing travel, per diem, and reasonable accommodation for county accessible community advisory committee meetings and committee sponsored activities including, but not limited to, supporting the involvement of people with disabilities and disability organizations in emergency planning and emergency preparedness activities; (b) Establishing and maintaining an accessible communities website; (c) Providing training or technical assistance for county accessible community advisory committees; (d) A grant program for funding proposals developed and submitted by county accessible community advisory committees to promote greater awareness of disability issues and acceptance, inclusion, and access for persons with disabilities within the community; (e) Reimbursing the state agency that provides administrative support to the governor's committee on disability issues and employment for costs associated with implementing chapter 215, Laws of 2010; and (f) Programming changes to the judicial information system accounting module required for disbursement of funds to this account.
RCW 50.20.080 — Washington Code / Title 50 / Chapter 20 / Section 080
RCW 50.20.080: Disqualification for refusal to work.
Status: in_force

An individual is disqualified for benefits, if the commissioner finds that the individual has failed without good cause, either to apply for available, suitable work when so directed by the employment office or the commissioner, or to accept suitable work when offered the individual, or to return to his or her customary self-employment (if any) when so directed by the commissioner. Such disqualification shall begin with the week of the refusal and thereafter for seven calendar weeks and continue until the individual has obtained bona fide work in employment covered by this title and earned wages in that employment of not less than seven times his or her suspended weekly benefit amount.
RCW 50.20.090 — Washington Code / Title 50 / Chapter 20 / Section 090
RCW 50.20.090: Strike or lockout disqualification—When inapplicable.
Status: in_force

(1) An individual shall be disqualified for benefits for any week with respect to which the commissioner finds that the individual's unemployment is: (a) Due to a strike at the factory, establishment, or other premises at which the individual is or was last employed; or (b) Due to a lockout by his or her employer who is a member of a multiemployer bargaining unit and who has locked out the employees at the factory, establishment, or other premises at which the individual is or was last employed after one member of the multiemployer bargaining unit has been struck by its employees as a result of the multiemployer bargaining process. (2) Subsection (1) of this section shall not apply if it is shown to the satisfaction of the commissioner that: (a) The individual is not participating in or financing or directly interested in the strike or lockout that caused the individual's unemployment; and (b) The individual does not belong to a grade or class of workers of which, immediately before the commencement of the strike or lockout, there were members employed at the premises at which the strike or lockout occurs, any of whom are participating in or financing or directly interested in the strike or lockout: PROVIDED, That if in any case separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department shall, for the purpose of this subdivision, be deemed to be a separate factory, establishment, or other premises. (3) Any disqualification imposed under this section shall end when the strike or lockout is terminated.
RCW 50.16.020 — Washington Code / Title 50 / Chapter 16 / Section 020
RCW 50.16.020: Administration of funds—Accounts.
Status: in_force

The commissioner shall designate a treasurer and custodian of the unemployment compensation fund and of the administrative contingency fund, who shall administer such funds in accordance with the directions of the commissioner and shall issue his or her warrants upon them in accordance with such regulations as the commissioner shall prescribe. The treasurer and custodian shall maintain within the unemployment compensation fund three separate accounts as follows: (1) a clearing account, (2) an unemployment trust fund account, and (3) a benefit account. All moneys payable to the unemployment compensation fund, upon receipt thereof by the commissioner, shall be forwarded to the treasurer, who shall immediately deposit them in the clearing account. Refunds payable pursuant to the provisions of this title from the unemployment compensation fund may be paid from the clearing account upon warrants issued by the treasurer under the direction of the commissioner: PROVIDED, HOWEVER, That refunds of interest or penalties on delinquent contributions shall be paid from the administrative contingency fund upon warrants issued by the treasurer under the direction of the commissioner. After clearance thereof, all other moneys in the clearing account shall be immediately deposited with the Secretary of the Treasury of the United States to the credit of the account of this state in the unemployment trust fund, established and maintained pursuant to section 904 of the social security act, as amended, any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding. The benefit account shall consist of all moneys requisitioned from this state's account in the unemployment trust fund. Moneys in the clearing and benefit accounts and in the administrative contingency fund shall not be commingled with other state funds, but shall be deposited by the treasurer, under the direction of the commissioner, in any bank or public depository in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund. Such moneys shall be secured by said bank or public depository to the same extent and in the same manner as required by the general depository law of the state and collateral pledged shall be maintained in a separate custody account. The treasurer shall give a bond conditioned upon the faithful performance of his or her duties as a custodian of the funds in an amount fixed by the director of the *department of general administration and in a form prescribed by law or approved by the attorney general. Premiums for said bond shall be paid from the administration fund. All sums recovered on official bonds for losses sustained by the unemployment compensation fund shall be deposited in such fund. All sums recovered on official bonds for losses sustained by the administrative contingency fund shall be deposited in such fund.
RCW 50.06.050 — Washington Code / Title 50 / Chapter 06 / Section 050
RCW 50.06.050: Use of wages and time worked for prior claims—Effect.
Status: in_force

The fact that wages, hours or weeks worked during the special base year may have been used in the computation of a prior valid claim for unemployment compensation shall not affect a claim for benefits made pursuant to the provisions of this chapter; however, wages, hours and weeks worked used in computing entitlement on a claim filed pursuant to this chapter shall not be available or used for establishing entitlement or amount of benefits in any succeeding benefit year.
RCW 50.44.045 — Washington Code / Title 50 / Chapter 44 / Section 045
RCW 50.44.045: Religious organizations—Exemption—Notification to employee.
Status: in_force

A church or convention or association of churches, or an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches shall inform each individual performing services exempt from "employment" under RCW 50.44.040 (1) that the individual may not be eligible to receive unemployment benefits based on such services. The employer shall provide a written notice of this exclusion to the individual at the time of hire. The employer shall display a poster giving notice of this exclusion in a conspicuous place. The employer's compliance with these notice requirements shall not affect an individual's eligibility for benefits. The employment security department shall make posters available to employers without charge.
RCW 50A.05.060 — Washington Code / Title 50A / Chapter 05 / Section 060
RCW 50A.05.060: Rules.
Status: in_force

The commissioner shall adopt rules as necessary to implement this title.
RCW 50.50.030 — Washington Code / Title 50 / Chapter 50 / Section 030
RCW 50.50.030: Contributions—Election of payments in lieu of contributions.
Status: in_force

(1) Indian tribes or tribal units, including subdivisions, subsidiaries, or business enterprises wholly owned by such Indian tribes, subject to this title shall pay contributions under the same terms and conditions as all other subject employers, unless they elect to pay into the unemployment compensation fund amounts equal to the amount of benefits attributable to service in the employ of the Indian tribe. (2) Indian tribes electing to make payments in lieu of contributions shall make such election in the same manner and under the same conditions as provided in RCW 50.44.030 pertaining to other units of government subject to this title. Indian tribes shall determine if reimbursement for benefits paid are to be elected by the tribe as a whole, by individual tribal units, or by combinations of tribal units. (3) Indian tribes or tribal units shall be billed for the full amount of benefits attributable to service in the employ of the Indian tribe or tribal unit on the same schedule as other employing units that have elected to make payments in lieu of contributions. (4) At the discretion of the commissioner and on the same basis as other employers with the same election option, any Indian tribe or tribal unit that elects to become liable for payments in lieu of contributions is required, within thirty days after the effective date of its election, to: (a) Execute and file with the commissioner a surety bond approved by the commissioner; or (b) deposit with the commissioner money or securities in an amount determined by the commissioner.
RCW 50.65.230 — Washington Code / Title 50 / Chapter 65 / Section 230
RCW 50.65.230: Washington serves—Applicants—Eligibility.
Status: in_force

(1) Applicants to the Washington serves program shall be at least twenty-one years of age and a resident of Washington state. (2) Applicants may apply to serve for a period of service of one year, except that volunteers may serve for periods of service of less than one year if it is determined by the commissioner, on an individual basis, that a period of service of less than one year is necessary to meet a critical scarce skill or necessary to enable a person or organization to participate in the program. (3) Volunteers may reapply for periods of service totaling not more than two additional years. (4) Applicants to the program shall be committed to providing full-time service to the community.
RCW 50A.50.100 — Washington Code / Title 50A / Chapter 50 / Section 100
RCW 50A.50.100: Commissioner review—When final—Commissioner as party.
Status: in_force

Any decision of the commissioner involving a review of an administrative law judge decision, in the absence of a petition as provided in chapter 34.05 RCW, becomes final thirty days after notification or mailing, whichever is earlier. The commissioner shall be deemed to be a party to any judicial action involving any such decision and shall be represented in any such judicial action by the attorney general.
RCW 50.29.026 — Washington Code / Title 50 / Chapter 29 / Section 026
RCW 50.29.026: Modification of contribution rate.
Status: in_force

(1) A qualified employer's contribution rate or array calculation factor rate determined under RCW 50.29.025 may be modified as follows: (a) Subject to the limitations of this subsection, an employer may make a voluntary contribution of an amount equal to part or all of the benefits charged to the employer's account during the two years most recently ended on June 30th that were used for the purpose of computing the employer's contribution rate or array calculation factor rate. On receiving timely payment of a voluntary contribution, the commissioner shall cancel the benefits equal to the amount of the voluntary contribution and compute a new benefit ratio for the employer. The employer shall then be assigned the contribution rate or array calculation factor rate applicable for rate years beginning on or after January 1, 2005, applicable to the rate class within which the recomputed benefit ratio is included. The minimum amount of a voluntary contribution must be an amount that will result in a recomputed benefit ratio that is in a rate class at least two rate classes lower than the rate class that included the employer's original benefit ratio. (b) Payment of a voluntary contribution is considered timely if received by the department during the period beginning on the date of mailing to the employer the notice of contribution rate required under this title for the rate year for which the employer is seeking a modification of the employer's rate and ending on March 31st of that rate year. (c) A benefit ratio may not be recomputed nor a rate be reduced under this section as a result of a voluntary contribution received after the payment period prescribed in (b) of this subsection. (2) This section does not apply to any employer who has not had an increase of at least eight rate classes from the previous tax rate year.
RCW 50B.04.088 — Washington Code / Title 50B / Chapter 04 / Section 088
RCW 50B.04.088: Premium assessment—Refunds for premiums collected prior to July 1, 2023.
Status: in_force

Any premiums collected from the employee prior to July 1, 2023, shall be refunded to the employee within 120 days of the collection of the premiums. If the premiums were collected but not yet remitted to the employment security department, the employer shall refund the collected premiums to the employee. If the collected premiums were remitted to the employment security department, the employment security department shall refund the premiums to the employer within 120 days of the collection of the premiums, who shall then return any premiums collected from the employee.
RCW 50.12.330 — Washington Code / Title 50 / Chapter 12 / Section 330
RCW 50.12.330: Domestic violence employment poster.
Status: in_force

(1) The department shall create an employment poster regarding domestic violence. The poster shall include space in which an employer shall provide the name or names of community resources regarding domestic violence. The employer shall post the poster and keep it posted in a conspicuous place where other required employment posters are posted. The department shall make the poster available on its website and may make the poster available in other formats. (2) This section does not create any liability for any person or entity for any acts or omissions.
RCW 50A.05.050 — Washington Code / Title 50A / Chapter 05 / Section 050
RCW 50A.05.050: Reports to legislature.
Status: in_force

*** CHANGE IN 2026 *** (SEE 5292-S2.SL ) ***

(1) Beginning December 1, 2020, and annually thereafter, the department shall report to the legislature on the entire program, including: (a) Projected and actual program participation; (b) Premium rates; (c) Fund balances; (d) Benefits paid; (e) Demographic information on program participants, including income, gender, race, ethnicity, geographic distribution by county and legislative district, and employment sector; (f) Costs of providing benefits; (g) Elective coverage participation; (h) Voluntary plan participation; (i) Outreach efforts; and (j) Small business assistance. (2)(a) Beginning January 1, 2023, the office of actuarial services created in RCW 50A.05.130 must annually report, by November 1st, to the advisory committee in RCW 50A.05.030 on the experience and financial condition of the family and medical leave insurance account, and the lowest future premium rates necessary to maintain solvency of the family and medical leave insurance account in the next four years while limiting fluctuation in premium rates. (b) For calendar years 2023 through 2028, the annual reports in (a) of this subsection must be submitted to the appropriate committees of the legislature in compliance with RCW 43.01.036 . (3) Beginning October 1, 2023, the department must report quarterly to the advisory committee in RCW 50A.05.030 on premium collections, benefit payments, the family and medical leave insurance account balance, and other program expenditures.

PDF RCW 50A.05.050

Reports to legislature. (Effective January 1, 2026.)

*** CHANGE IN 2026 *** (SEE 5292-S2.SL ) ***

(1) Beginning December 1, 2020, and annually thereafter, the department shall report to the legislature on the entire program, including: (a) Projected and actual program participation; (b) Premium rates; (c) Fund balances; (d) Benefits paid; (e) Demographic information on program participants, including income, gender, race, ethnicity, geographic distribution by county and legislative district, and employment sector; (f) Costs of providing benefits; (g) Elective coverage participation; (h) Voluntary plan participation; (i) Outreach efforts; and (j) Small business assistance. (2)(a) Beginning January 1, 2023, the office of actuarial services in RCW 50A.05.130 must annually report, by November 1st, to the advisory committee in RCW 50A.05.030 on the experience and financial condition of the family and medical leave insurance account, and the lowest future premium rates necessary to maintain solvency of the family and medical leave insurance account in the next four years while limiting fluctuation in premium rates. (b) For calendar years 2023 through 2028, the annual reports in (a) of this subsection must be submitted to the appropriate committees of the legislature in compliance with RCW 43.01.036 . (c) Beginning January 1, 2026, the office of actuarial services in RCW 50A.05.130 shall submit a report within 10 business days to the advisory committee in RCW 50A.05.030 and the appropriate committees of the legislature in compliance with RCW 43.01.036 if the office projects that a deficit in the family and medical leave insurance account will not be recovered through the next quarterly premium collections. (3) Beginning October 1, 2023, the department must report quarterly to the advisory committee in RCW 50A.05.030 on premium collections, benefit payments, the family and medical leave insurance account balance, and other program expenditures.
RCW 50.04.240 — Washington Code / Title 50 / Chapter 04 / Section 240
RCW 50.04.240: Employment—Newspaper vendor, carrier, or delivery person.
Status: in_force

The term "employment" shall not include services performed by a newspaper vendor, carrier, or delivery person selling or distributing newspapers on the street, to offices, to businesses, or from house to house and any freelance news correspondent or "stringer" who, using his or her own equipment, chooses to submit material for publication for free or a fee when such material is published.
RCW 50.08.030 — Washington Code / Title 50 / Chapter 08 / Section 030
RCW 50.08.030: Administration of family services and programs.
Status: in_force

The commissioner shall administer family services and programs to promote the state's policy as provided in RCW 74.14A.025 .
RCW 50.20.110 — Washington Code / Title 50 / Chapter 20 / Section 110
RCW 50.20.110: Suitable work exceptions.
Status: in_force

Notwithstanding any other provisions of this title, no work shall be deemed to be suitable and benefits shall not be denied under this title to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (1) If the position offered is vacant due directly to a strike, lockout, or other labor dispute; or (2) if the remuneration, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; or (3) if as a condition of being employed the individual would be required by the employing unit to join a company union or to resign from or refrain from joining any bona fide labor organization.
RCW 50A.05.130 — Washington Code / Title 50A / Chapter 05 / Section 130
RCW 50A.05.130: Office of actuarial services.
Status: in_force

(1) The office of actuarial services is established within the department. (2) The head of the office must be qualified by education and experience in the field of actuarial science.
RCW 50.24.110 — Washington Code / Title 50 / Chapter 24 / Section 110
RCW 50.24.110: Notice and order to withhold and deliver.
Status: in_force

The commissioner is hereby authorized to issue to any person, firm, corporation, political subdivision, or department of the state, a notice and order to withhold and deliver property of any kind whatsoever when the commissioner has reason to believe that there is in the possession of such person, firm, corporation, political subdivision, or department, property which is due, owing, or belonging to any person, firm, or corporation upon whom the department has served a benefit overpayment assessment or a notice and order of assessment for unemployment compensation contributions, interest, or penalties. The effect of a notice to withhold and deliver shall be continuous from the date such notice and order to withhold and deliver is first made until the liability is satisfied or becomes unenforceable because of a lapse of time. The notice and order to withhold and deliver shall be served by the sheriff or the sheriff's deputy of the county wherein the service is made, using a method by which the mailing can be tracked or the delivery can be confirmed, or by any duly authorized representative of the commissioner. Any person, firm, corporation, political subdivision, or department upon whom service has been made is hereby required to answer the notice within twenty days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the notice. In the event there is in the possession of any such person, firm, corporation, political subdivision, or department, any property which may be subject to the claim of the employment security department of the state, such property shall be delivered forthwith to the commissioner or the commissioner's duly authorized representative upon demand to be held in trust by the commissioner for application on the indebtedness involved or for return, without interest, in accordance with final determination of liability or nonliability, or in the alternative, there shall be furnished a good and sufficient bond satisfactory to the commissioner conditioned upon final determination of liability. Should any person, firm, or corporation fail to make answer to an order to withhold and deliver within the time prescribed herein, it shall be lawful for the court, after the time to answer such order has expired, to render judgment by default against such person, firm, or corporation for the full amount claimed by the commissioner in the notice to withhold and deliver, together with costs.
RCW 50A.24.040 — Washington Code / Title 50A / Chapter 24 / Section 040
RCW 50A.24.040: Grants—Funding source—Timelines.
Status: in_force

(1) The grants under this chapter must be funded from the family and medical leave insurance account. (2) An application for a grant under this chapter must be submitted no later than 12 months after the employee's first day of leave under this title. A third-party administrator or other agent authorized by the employer may submit an application on the employer's behalf. (3) The department shall submit payment to the employer within 14 calendar days after the qualifying employer's completed application is received by the department. (4) The department shall: (a) Promptly notify an employer with fewer than 50 employees of the grants under this chapter if one or more of its employees receives benefits under this title; (b) Make available on its website information on the grants under this chapter and include a link to grant applications within the existing website portal; and (c) Include information on the grants under this chapter when notifying employers and employees of changes to the premium rate under RCW 50A.10.030 . (5) The commissioner shall adopt rules as necessary to implement this chapter.
RCW 50A.40.020 — Washington Code / Title 50A / Chapter 40 / Section 020
RCW 50A.40.020: Employee complaints—Commissioner investigation, determination.
Status: in_force

(1) An employee who alleges one or more unlawful acts under RCW 50A.40.010 have occurred may file a complaint with the department. The department may not investigate any alleged violation of RCW 50A.40.010 that occurred more than three years before the date the employee filed the complaint. (2) Upon receipt of a complaint under subsection (1) of this section, the commissioner shall investigate to determine if a violation occurred and the amount of any liquidated damages, unless the employee terminates the complaint under *RCW 50A.40.035 . (3) Upon completing an investigation, the commissioner shall issue a determination, unless the complaint is otherwise resolved upon agreement by all parties and in compliance with *RCW 50A.40.035 (6) or withdrawn under *RCW 50A.40.035 (5). If the department determines a violation occurred, the department may order the employer to pay liquidated damages under RCW 50A.40.030 .
RCW 50.04.298 — Washington Code / Title 50 / Chapter 04 / Section 298
RCW 50.04.298: Professional employer organizations—Coemployment—Covered employee.
Status: in_force

For the purposes of this title: (1) "Professional employer organization" means a person or entity that enters into an agreement with one or more client employers to provide professional employer services. "Professional employer organization" includes entities that use the term "staff leasing company," "permanent leasing company," "registered staff leasing company," "employee leasing company," "administrative employer," or any other name, when they provide professional employer services to client employers. The following are not classified as professional employer organizations: Independent contractors in RCW 50.04.140 ; temporary staffing services companies and services referral agencies as defined in RCW 50.04.245 ; third-party payers as defined in RCW 50.04.248 ; or labor organizations. (2) "Client employer" means any employer who enters into a professional employer agreement with a professional employer organization. (3) "Coemployer" means either a professional employer organization or a client employer that has entered into a professional employer agreement. (4) "Covered employee" means an individual performing services for a client employer that constitutes employment under this title. (5) "Professional employer services" means services provided by the professional employer organization to the client employer, which include, but are not limited to, human resource functions, risk management, or payroll administration services, in a coemployment relationship. (6) "Coemployment relationship" means a relationship that is intended to be ongoing rather than temporary or project-specific, where the rights, duties, and obligations of an employer in an employment relationship are allocated between coemployers pursuant to a professional employer agreement and state law. A coemployment relationship exists only if a majority of the employees performing services to a client employer, or to a division or work unit of a client employer, are covered employees. In determining the allocation of rights and obligations in a coemployment relationship: (a) The professional employer organization has only those employer rights and is subject only to those obligations specifically allocated to it by the professional employer agreement or state law; (b) The client employer has those rights and obligations allocated to it by the professional employer agreement or state law, as well as any other right or obligation of an employer that is not specifically allocated by the professional employer agreement or state law. (7) "Professional employer agreement" means a written contract between a client employer and a professional employer organization that provides for: (a) The coemployment of covered employees; and (b) the allocation of employer rights and obligations between the client and the professional employer organization with respect to the covered employees.
RCW 50.04.355 — Washington Code / Title 50 / Chapter 04 / Section 355
RCW 50.04.355: Wages, remuneration—Average annual wage—Average weekly wage—Average annual wage for contributions purposes.
Status: in_force

(1) For computations made before January 1, 2007, the employment security department shall compute, on or before the fifteenth day of June of each year, an "average annual wage", an "average weekly wage", and an "average annual wage for contributions purposes" from information for the specified preceding calendar years including corrections thereof reported within three months after the close of the final year of the specified years by all employers as defined in RCW 50.04.080 . (a) The "average annual wage" is the quotient derived by dividing the total remuneration reported by all employers for the preceding calendar year by the average number of workers reported for all months of the preceding calendar year and if the result is not a multiple of one dollar, rounding the result to the next lower multiple of one dollar. (b) The "average weekly wage" is the quotient derived by dividing the "average annual wage" obtained under (a) of this subsection by fifty-two and if the result is not a multiple of one dollar, rounding the result to the next lower multiple of one dollar. (c) The "average annual wage for contributions purposes" is the quotient derived by dividing by three the total remuneration reported by all employers subject to contributions for the preceding three consecutive calendar years and dividing this amount by the average number of workers reported for all months of these three years by these same employers and if the result is not a multiple of one dollar, rounding the result to the next lower multiple of one dollar. (2) For computations made on or after January 1, 2007, the employment security department shall compute, on or before the fifteenth day of June of each year, an "average annual wage," an "average weekly wage," and an "average annual wage for contributions purposes" from information for the preceding calendar year including corrections thereof reported within three months after the close of that year by all employers as defined in RCW 50.04.080 . (a) The "average annual wage" is the quotient derived by dividing the total remuneration reported by all employers by the average number of workers reported for all months and if the result is not a multiple of one dollar, rounding the result to the next lower multiple of one dollar. (b) The "average weekly wage" is the quotient derived by dividing the "average annual wage" obtained under (a) of this subsection by fifty-two and if the result is not a multiple of one dollar, rounding the result to the next lower multiple of one dollar. (c) The "average annual wage for contributions purposes" is the quotient derived by dividing the total remuneration reported by all employers subject to contributions by the average number of workers reported for all months by these same employers and if the result is not a multiple of one dollar, rounding the result to the next lower multiple of one dollar.
RCW 50.65.260 — Washington Code / Title 50 / Chapter 65 / Section 260
RCW 50.65.260: Washington serves—Volunteers—Support.
Status: in_force

(1) Volunteers accepted into the Washington serves program and placed in an approved agency, program, or activity, shall be provided a monthly subsistence allowance in an amount determined by the commissioner taking into consideration the allowance given to VISTA, Washington service corps, and other similar service programs. For those persons who qualify and are granted a deferment of federal student loan payments while serving in the program, the rate of compensation shall be equal to but not greater than the monthly subsistence allowance granted Volunteers In Service To America (VISTA) serving in this state, as determined by the national ACTION agency or its successor, in accordance with section 105(b)(2) of the Domestic Volunteer Service Act of 1973, P.L. 93-113, as amended. (2) The commissioner or the commissioner's designee shall, within available funds, ensure that each volunteer has available support to enable the volunteer to perform the work to which the volunteer is assigned. Such support may include, but is not limited to, reimbursement for travel expenses, payment for education and training expenses, including preservice and on-the-job training necessary for the performance of duties, technical assistance, and other support deemed necessary and appropriate. (3) At the end of each volunteer's period of service of not less than one year, each volunteer may receive a postservice stipend for each month of completed service in an amount determined by the commissioner. The postservice stipend for those persons who qualify and are granted a deferment of federal student loan payments while serving in this program shall be an amount equal to but not greater than the amount or rate determined by the national ACTION agency or its successor, in accordance with section 105(b)(2) of the Domestic Volunteer Service Act of 1973, P.L. 93-113 as amended, for Volunteers In Service To America (VISTA), who are providing services in this state. Volunteers under the Washington serves program may accrue the stipend for each month of their service period of not less than one year, including any month during which they were in training. The commissioner or the commissioner's designee may, on an individual basis, make an exception to provide a stipend to a volunteer who has served less than one year. (4) Stipends shall be payable to the volunteer only upon completion of the period of service. Under circumstances determined by the commissioner, the stipend may be paid on behalf of the volunteer to members of the volunteer's family or others designated by the volunteer.
RCW 50.20.117 — Washington Code / Title 50 / Chapter 20 / Section 117
RCW 50.20.117: Jury service.
Status: in_force

No otherwise eligible individual shall be denied benefits for any week because he or she is serving as a prospective or impaneled juror in any court of this state. Compensation received for service as a juror shall not be considered wages subject to contributions under this title nor shall such compensation be considered in determining base-year wages, but it shall be considered remuneration for purposes of a deduction from benefits under RCW 50.20.130 .
RCW 50.04.323 — Washington Code / Title 50 / Chapter 04 / Section 323
RCW 50.04.323: Wages, remuneration—Government or private retirement pension plan payments—Effect upon eligibility—Reduction in benefits.
Status: in_force

(1) The amount of benefits payable to an individual for any week which begins in a period with respect to which such individual is receiving a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on the previous work of such individual shall be reduced (but not below zero) by an amount equal to the amount of such pension, retirement or retired pay, annuity, or other payment, which is reasonably attributable to such week. However: (a) The requirements of this subsection shall apply to any pension, retirement or retired pay, annuity, or other similar periodic payment only if — (i) Such pension, retirement or retired pay, annuity, or similar payment is under a plan maintained (or contributed to) by a base period employer; and (ii) In the case of such a payment not made under the Social Security Act or the Railroad Retirement Act of 1974 (or corresponding provisions of prior law), services performed for such employer by the individual after the beginning of the base period (or remuneration for such services) affect eligibility for, or increase the amount of, such pension, retirement or retired pay, annuity, or similar payment; (b) The amount of any such a reduction shall take into account contributions made by the individual for the pension, retirement or retired pay, annuity, or other similar periodic payment, in accordance with regulations prescribed by the commissioner; and (c) No deduction shall be made from the amount of benefits payable for a week for individuals receiving federal social security pensions to take into account the individuals' contributions to the pension program. (2) In the event that a retroactive pension or retirement payment covers a period in which an individual received benefits under the provisions of this title, the amount in excess of the amount to which such individual would have been entitled had such retirement or pension payment been considered as provided in this section shall be recoverable under RCW 50.20.190 . (3) A lump sum payment accumulated in a plan described in this section paid to an individual eligible for such payment shall not be deducted from the amount of benefits payable to an individual for any given week. (4) The resulting weekly benefit amount payable after reduction under this section, if not a multiple of one dollar, shall be reduced to the next lower multiple of one dollar. (5) Any ambiguity in subsection (1) of this section should be construed in a manner consistent with 26 U.S.C. Sec. 3304 (a)(15).
RCW 50.04.335 — Washington Code / Title 50 / Chapter 04 / Section 335
RCW 50.04.335: Wages, remuneration—Stock transfers excepted.
Status: in_force

After December 31, 2003, for the purpose of the payment of contributions, the term "wages" does not include an employee's income attributable to the transfer of shares of stock to the employee pursuant to his or her exercise of a stock option granted for any reason connected with his or her employment.
RCW 50.20.160 — Washington Code / Title 50 / Chapter 20 / Section 160
RCW 50.20.160: Redetermination.
Status: in_force

(1) A determination of amount of benefits potentially payable issued pursuant to the provisions of RCW 50.20.120 and 50.20.140 shall not serve as a basis for appeal but shall be subject to request by the claimant for reconsideration and/or for redetermination by the commissioner at any time within one year from the date of delivery or mailing of such determination, or any redetermination thereof: PROVIDED, That in the absence of fraud or misrepresentation on the part of the claimant, any benefits paid prior to the date of any redetermination which reduces the amount of benefits payable shall not be subject to recovery under the provisions of RCW 50.20.190 . A denial of a request to reconsider or a redetermination shall be furnished the claimant in writing and provide the basis for appeal under the provisions of RCW 50.32.020 . (2) A determination of denial of benefits issued under the provisions of RCW 50.20.180 shall become final, in absence of timely appeal therefrom: PROVIDED, That the commissioner may reconsider and redetermine such determinations at any time within one year from delivery or mailing to correct an error in identity, omission of fact, or misapplication of law with respect to the facts. (3) A determination of allowance of benefits shall become final, in absence of a timely appeal therefrom: PROVIDED, That the commissioner may redetermine such allowance at any time within two years following the benefit year in which such allowance was made in order to recover any benefits improperly paid and for which recovery is provided under the provisions of RCW 50.20.190 : AND PROVIDED FURTHER, That in the absence of fraud, misrepresentation, or nondisclosure, this provision or the provisions of RCW 50.20.190 shall not be construed so as to permit redetermination or recovery of an allowance of benefits which having been made after consideration of the provisions of RCW 50.20.010 (1)(c), or the provisions of RCW 50.20.050 , 50.20.060 , 50.20.080 , or 50.20.090 has become final. (4) A redetermination may be made at any time: (a) To conform to a final court decision applicable to either an initial determination or a determination of denial or allowance of benefits; (b) in the event of a back pay award or settlement affecting the allowance of benefits; or (c) in the case of fraud, misrepresentation, or willful nondisclosure. Written notice of any such redetermination shall be promptly given by mail or delivered to such interested parties as were notified of the initial determination or determination of denial or allowance of benefits and any new interested party or parties who, pursuant to such regulation as the commissioner may prescribe, would be an interested party.
RCW 50A.50.020 — Washington Code / Title 50A / Chapter 50 / Section 020
RCW 50A.50.020: Assessments.
Status: in_force

(1) When an order and notice of assessment has been served upon or mailed to a delinquent employer, the employer may within thirty days file an appeal with the department, stating that the assessment is unjust or incorrect and requesting a hearing. The appeal must set forth the reasons why the assessment is objected to and the amount of premiums, if any, which the employer admits to be due. If no appeal is filed, the assessment shall be conclusively deemed to be just and correct except that in such case, and in cases where payment of premiums, interest, or penalties has been made pursuant to a jeopardy assessment, the commissioner may properly entertain a subsequent application for refund. The filing of an appeal on a disputed assessment with the administrative law judge stays the distraint and sale proceeding provided for in this title until a final decision has been made, but the filing of an appeal shall not affect the right of the commissioner to perfect a lien, as provided by this title, upon the property of the employer. The filing of a petition on a disputed assessment stays the accrual of interest and penalties on the disputed premiums until a final decision is made. (2) Within thirty days after notice of denial of refund or adjustment has been mailed or delivered, whichever is the earlier, to an employer, the employer may file an appeal with the department for a hearing unless assessments have been appealed from and have become final. The employer shall set forth the reasons why such hearing should be granted and the amount which the employer believes should be adjusted or refunded. If no appeal is filed within said thirty days, the determination of the commissioner as stated in the notice shall be final.
RCW 50.20.245 — Washington Code / Title 50 / Chapter 20 / Section 245
RCW 50.20.245: Job search monitoring—Report to legislature.
Status: in_force

By July 1, 2024, and every two years thereafter, and in compliance with RCW 43.01.036 , the employment security department in consultation with the advisory committee referenced in RCW 50.20.240 (1)(c) must submit a report to the appropriate committees of the legislature that details the impacts of any flexibilities utilized in claimant job search methods, monitoring, and outcomes. The report must include a section for advisory committee members to respond directly to the contents of the report.
RCW 50.75.030 — Washington Code / Title 50 / Chapter 75 / Section 030
RCW 50.75.030: Application—Requirements—Procedure.
Status: in_force

(1) An employer must submit an H-2A application in the manner and on a form prescribed by the department. The H-2A application is not subject to chapter 50.13 RCW. (2) The department may not process an H-2A application if the: (a) Employer refuses to agree to be subject to field checks and field visits; or (b) Department discontinued services to the employer pursuant to 20 C.F.R. Part 658, Subpart F and that discontinuation remains in effect.