reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.39 - Symphony Musicians. › 49.39.030 - Certification of exclusive bargaining representative.

RCW 49.39.030
Certification of exclusive bargaining representative.
The commission, upon reasonable notice, shall decide in each application for certification as an exclusive bargaining representative the unit appropriate for the purpose of collective bargaining. In determining, modifying, or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the symphony musicians; the history of collective bargaining by the symphony musicians and their bargaining representatives; the extent of organization among the symphony musicians; and the desire of the symphony musicians. The commission shall determine the bargaining representative by: (1) Comparison of signatures on organization bargaining authorization cards; or (2) conducting an election specifically therefor.
[ 2010 c 6 § 4.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.39 - Symphony Musicians. › 49.39.040 - Election to ascertain exclusive bargaining representative.

RCW 49.39.040
Election to ascertain exclusive bargaining representative.
If the commission elects to conduct an election to ascertain the exclusive bargaining representative, and upon the request of a prospective bargaining representative showing written proof of at least thirty percent representation of the symphony musicians within the unit, the commission shall hold an election by secret ballot to determine the issue. The ballot shall contain the name of the bargaining representative and of any other bargaining representative showing written proof of at least ten percent representation of the symphony musicians within the unit, together with a choice for any symphony musician to designate that he or she does not desire to be represented by any bargaining agent. Where more than one organization is on the ballot and neither of the three or more choices receives a majority vote of valid ballots cast, a runoff election shall be held. The runoff ballot shall contain the two choices which received the largest and second-largest number of votes. No question concerning representation may be raised within one year of a certification or attempted certification. Where there is a valid collective bargaining agreement in effect, no question of representation may be raised except during the period not more than ninety nor less than sixty days prior to the expiration date of the agreement. Any agreement which contains a provision for automatic renewal or extension of the agreement shall not be a valid agreement; nor shall any agreement be valid if it provides for a term of existence for more than three years.
[ 2010 c 6 § 5.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.39 - Symphony Musicians. › 49.39.050 - Exclusive bargaining representative—Must represent all symphony musicians—Exception.

RCW 49.39.050
Exclusive bargaining representative—Must represent all symphony musicians—Exception.
The bargaining representative which has been determined to represent a majority of the symphony musicians in a bargaining unit shall be certified by the commission as the exclusive bargaining representative of, and shall be required to represent, all the symphony musicians within the unit without regard to membership in the bargaining representative. However, any symphony musician at any time may present his or her grievance to the employer and have such grievance adjusted without the intervention of the exclusive bargaining representative, if the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect, and if the exclusive bargaining representative has been given reasonable opportunity to be present at any initial meeting called for the resolution of the grievance.
[ 2010 c 6 § 6.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.39 - Symphony Musicians. › 49.39.060 - Rules—Commission.

RCW 49.39.060
Rules—Commission.
The commission may adopt rules necessary to administer this chapter in conformity with the intent and purpose of this chapter and consistent with the best standards of labor-management relations.
[ 2010 c 6 § 7.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.39 - Symphony Musicians. › 49.39.065 - Certification of bargaining representative—Cross-check.

RCW 49.39.065
Certification of bargaining representative—Cross-check.
If only one employee organization is seeking certification as exclusive bargaining representative of a bargaining unit for which there is no incumbent exclusive bargaining representative, the commission may determine the question concerning representation by conducting a cross-check comparing the employee organization's membership records or bargaining authorization cards against the employment records of the employer. A determination through a cross-check process may be made upon a showing of interest submitted in support of the exclusive bargaining representative by more than fifty percent of the employees. The commission may adopt rules to implement this section.
[ 2019 c 230 § 21.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.39 - Symphony Musicians. › 49.39.070 - Failure to conclude collective bargaining agreement.

RCW 49.39.070
Failure to conclude collective bargaining agreement.
An employer may engage in collective bargaining with the exclusive bargaining representative and no employer may refuse to engage in collective bargaining with the exclusive bargaining representative. Upon the failure of the employer and the exclusive bargaining representative to conclude a collective bargaining agreement, any matter in dispute may be submitted by either party to the commission. If an employer implements its last and best offer where there is no contract settlement, allegations that either party is violating the terms of the implemented offer are subject to grievance arbitration procedures if and as such procedures are set forth in the implemented offer, or, if not in the implemented offer, if and as such procedures are set forth in the parties' last contract.
[ 2010 c 6 § 8.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.39 - Symphony Musicians. › 49.39.080 - Employee authorization of membership dues and other payments—Revocation.

RCW 49.39.080
Employee authorization of membership dues and other payments—Revocation.
(1) Upon the authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer must deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and must transmit the same to the treasurer of the exclusive bargaining representative.
(2)(a) An employee's written, electronic, or recorded voice authorization to have the employer deduct membership dues from the employee's salary must be made by the employee to the exclusive bargaining representative. If the employer receives a request for authorization of deductions, the employer shall as soon as practicable forward the request to the exclusive bargaining representative.
(b) Upon receiving notice of the employee's authorization from the exclusive bargaining representative, the employer shall deduct from the employee's salary membership dues and remit the amounts to the exclusive bargaining representative.
(c) The employee's authorization remains in effect until expressly revoked by the employee in accordance with the terms and conditions of the authorization.
(d) An employee's request to revoke authorization for payroll deductions must be in writing and submitted by the employee to the exclusive bargaining representative in accordance with the terms and conditions of the authorization.
(e) After the employer receives confirmation from the exclusive bargaining representative that the employee has revoked authorization for deductions, the employer shall end the deduction no later than the second payroll after receipt of the confirmation.
(f) The employer shall rely on information provided by the exclusive bargaining representative regarding the authorization and revocation of deductions.
(3) If the employer and the exclusive bargaining representative of a bargaining unit enter into a collective bargaining agreement that includes requirements for deductions of other payments, the employer must make such deductions upon authorization of the employee.
[ 2019 c 230 § 22; 2018 c 247 § 6; 2010 c 6 § 9.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.39 - Symphony Musicians. › 49.39.090 - Collective bargaining agreement—Binding arbitration.

RCW 49.39.090
Collective bargaining agreement—Binding arbitration.
A collective bargaining agreement may provide for binding arbitration of a labor dispute arising from the application or the interpretation of the matters contained in a collective bargaining agreement.
[ 2019 c 230 § 23; 2010 c 6 § 10.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.39 - Symphony Musicians. › 49.39.100 - After termination date of collective bargaining agreement.

RCW 49.39.100
After termination date of collective bargaining agreement.
(1) After the termination date of a collective bargaining agreement, all of the terms and conditions specified in the collective bargaining agreement remain in effect until the effective date of a subsequent agreement, not to exceed one year from the termination date stated in the agreement. Thereafter, the employer may unilaterally implement according to law.
(2) This section does not apply to provisions of a collective bargaining agreement which both parties agree to exclude from the provisions of subsection (1) of this section and to provisions within the collective bargaining agreement with separate and specific termination dates.
(3) This section shall not apply to collective bargaining agreements in effect or being bargained on June 10, 2010.
[ 2010 c 6 § 11.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.39 - Symphony Musicians. › 49.39.110 - Selection of arbitrators.

RCW 49.39.110
Selection of arbitrators.
In addition to any other method for selecting arbitrators, the parties may request the commission to appoint a qualified person who may be an employee of the commission to act as an arbitrator to assist in the resolution of a labor dispute between the employer and the bargaining representative arising from the application of the matters contained in a collective bargaining agreement. The arbitrator must conduct the arbitration of the dispute in a manner as provided for in the collective bargaining agreement. The commission may not collect any fees or charges from the employer or the bargaining representative for services performed by the commission under this chapter. The provisions of chapter 49.08 RCW do not apply to this chapter.
[ 2010 c 6 § 12.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.39 - Symphony Musicians. › 49.39.120 - Unfair labor practice—Employer.

RCW 49.39.120
Unfair labor practice—Employer.
It is an unfair labor practice for an employer:
(1) To interfere with, restrain, or coerce symphony musicians in the exercise of their rights guaranteed by this chapter;
(2) To control, dominate, or interfere with a bargaining representative;
(3) To discriminate against a symphony musician who has filed an unfair labor practice charge or who has given testimony under this chapter;
(4) To refuse to engage in collective bargaining.
[ 2010 c 6 § 13.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.39 - Symphony Musicians. › 49.39.130 - Unfair labor practice—Bargaining representative.

RCW 49.39.130
Unfair labor practice—Bargaining representative.
It is an unfair labor practice for a bargaining representative:
(1) To interfere with, restrain, or coerce employees in the exercise of their rights guaranteed by this chapter;
(2) To induce the employer to commit an unfair labor practice;
(3) To discriminate against a symphony musician who has filed an unfair labor practice charge or who has given testimony under this chapter;
(4) To refuse to engage in collective bargaining.
[ 2010 c 6 § 14.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.39 - Symphony Musicians. › 49.39.140 - Commission must prevent unfair labor practices.

RCW 49.39.140
Commission must prevent unfair labor practices.
(1) The commission must prevent unfair labor practices and issue appropriate remedial orders. However, a complaint may not be processed for an unfair labor practice occurring more than six months before the filing of the complaint with the commission or in superior court.
(2) If the commission determines that a person has engaged in or is engaging in an unfair labor practice, the commission must issue and serve upon the person an order requiring the person to cease and desist from the unfair labor practice. The commission may take action to carry out the purposes and policy of this chapter, including requiring the person to pay damages and reinstate employees.
(3) The commission may petition the superior court for the county in which the main office of the employer is located or in which the person who has engaged or is engaging in the unfair labor practice resides or transacts business, for the enforcement of its order and for appropriate temporary relief.
[ 2018 c 252 § 6; 2010 c 6 § 15.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.39 - Symphony Musicians. › 49.39.150 - Actions by commission subject to chapter 34.05 RCW.

RCW 49.39.150
Actions by commission subject to chapter 34.05 RCW.
Actions taken by or on behalf of the commission shall be pursuant to chapter 34.05 RCW, or rules adopted in accordance with chapter 34.05 RCW, and the right of judicial review provided by chapter 34.05 RCW is applicable to all actions and rules.
[ 2010 c 6 § 16.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.40 - Seasonal Labor. › 49.40.010 - Seasonal labor defined.

RCW 49.40.010
Seasonal labor defined.
For the purpose of this chapter the term "seasonal labor" shall include all work performed by any person employed for a period of time greater than one month and where the wages for such work are not to be paid at any fixed interval of time, but at the termination of such employment, and where such person is hired within this state for work to be performed outside the state and the wages earned during said employment are to be paid in this state at the termination of such employment: PROVIDED, That this chapter shall not apply to wages earned by seamen or other persons where the payment of their wages is regulated by federal statutes.
[ 1919 c 191 § 1; RRS § 7603.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.40 - Seasonal Labor. › 49.40.020 - Contracts to be in writing—Advances.

RCW 49.40.020
Contracts to be in writing—Advances.
Every contract for seasonal labor shall be in writing and signed by the employer and the employee, and may provide for advances of moneys to be earned under such contract or for the furnishing of supplies to the employee before the wages are earned, and for the payment of money or the furnishing of supplies during the season.
[ 1919 c 191 § 2; RRS § 7604.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.40 - Seasonal Labor. › 49.40.030 - Fraud in securing advances—Penalty.

RCW 49.40.030
Fraud in securing advances—Penalty.
Every employee who with intent to defraud shall have secured advances of money or supplies under a contract for seasonable labor and who with intent to defraud shall wilfully fail to perform sufficient labor to compensate for such advances and supplies made under such contract shall be guilty of a gross misdemeanor.
[ 1919 c 191 § 3; RRS § 7605.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.40 - Seasonal Labor. › 49.40.040 - Disputes determined by director of labor and industries.

RCW 49.40.040
Disputes determined by director of labor and industries.
Upon the written petition of either the employer or the employee setting forth in ordinary and concise language the facts and questions in dispute, the director of labor and industries shall, in person or by his or her duly authorized deputy, and is hereby authorized to hear and determine all disputes concerning wages earned at seasonal labor, and allow or reject deductions made from such wages for moneys advanced or supplies furnished before the wages are earned for money paid or supplies furnished during the season or for money paid to third persons upon the written order of the employee.
[ 2010 c 8 § 12033; 1919 c 191 § 4; RRS § 7606.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.40 - Seasonal Labor. › 49.40.050 - Hearings.

RCW 49.40.050
Hearings.
Upon the filing of any such petition, the director of labor and industries shall notify the other party to the dispute of the time and place when and where such petition will be heard, and may set said petition for a hearing before a regularly appointed deputy at such place in the state as he or she shall determine is most convenient for the parties, and the director or his or her deputy shall have power and authority to issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records at such hearing, and to administer oaths. Obedience to such subpoenas shall be enforced by the courts of the county where such hearing is held.
[ 2010 c 8 § 12034; 1919 c 191 § 5; RRS § 7607.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.40 - Seasonal Labor. › 49.40.060 - Findings and award.

RCW 49.40.060
Findings and award.
The director of labor and industries, or his or her deputy holding the hearing shall, after such hearing, determine the amount due from the employer to the employee, and shall make findings of fact and an award in accordance therewith, which findings and award shall be filed in the office of the director and a copy thereof served upon the employer and upon the employee using a method by which the mailing can be tracked or the delivery can be confirmed directed to their last known post office address.
[ 2011 c 301 § 15; 2010 c 8 § 12035; 1919 c 191 § 6; RRS § 7608.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.40 - Seasonal Labor. › 49.40.070 - Appeal.

RCW 49.40.070
Appeal.
Any person aggrieved by the finding or award of the director of labor and industries has the right of appeal in the manner provided in chapter 34.05 RCW.
[ 1987 c 202 § 217; 1919 c 191 § 7; RRS § 7609.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.40 - Seasonal Labor. › 49.40.080 - Findings and award as evidence.

RCW 49.40.080
Findings and award as evidence.
In case no appeal is taken from the award of the director of labor and industries and suit shall be brought upon the contract for seasonal labor in any court of competent jurisdiction, the findings and award of the director made in any proceeding under this chapter at a hearing at which both parties to such suit shall have appeared may be introduced in evidence in such suit, for the information of the court in which the suit is pending, and may, in the discretion of the court, be submitted to the jury as a part of the evidence in the case; but such findings and award shall not be conclusive or binding upon the court or the jury in any such case.
[ 1919 c 191 § 8; RRS § 7610.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.010 - Blacklisting—Penalty.

RCW 49.44.010
Blacklisting—Penalty.
Every person in this state who shall wilfully and maliciously, send or deliver, or make or cause to be made, for the purpose of being delivered or sent or part with the possession of any paper, letter or writing, with or without name signed thereto, or signed with a fictitious name, or with any letter, mark or other designation, or publish or cause to be published any statement for the purpose of preventing any other person from obtaining employment in this state or elsewhere, and every person who shall wilfully and maliciously "blacklist" or cause to be "blacklisted" any person or persons, by writing, printing or publishing, or causing the same to be done, the name, or mark, or designation representing the name of any person in any paper, pamphlet, circular or book, together with any statement concerning persons so named, or publish or cause to be published that any person is a member of any secret organization, for the purpose of preventing such person from securing employment, or who shall wilfully and maliciously make or issue any statement or paper that will tend to influence or prejudice the mind of any employer against the person of such person seeking employment, or any person who shall do any of the things mentioned in this section for the purpose of causing the discharge of any person employed by any railroad or other company, corporation, individual or individuals, shall, on conviction thereof, be adjudged guilty of misdemeanor and punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ninety days nor more than three hundred sixty-four days, or by both such fine and imprisonment.
[ 2011 c 96 § 42; 1899 c 23 § 1; RRS § 7599.]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Interference with or discharge from employment of member of organized militia: RCW 38.40.040, 38.40.050.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.020 - Bribery of labor representative.

RCW 49.44.020
Bribery of labor representative.
Every person who shall give, offer, or promise, directly or indirectly, any compensation, gratuity, or reward to any duly constituted representative of a labor organization, with intent to influence him or her in respect to any of his or her acts, decisions or other duties as such representative, or to induce him or her to prevent or cause a strike by the employees of any person or corporation, shall be guilty of a gross misdemeanor.
[ 2010 c 8 § 12036; 1909 c 249 § 424; RRS § 2676.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.030 - Labor representative receiving bribe.

RCW 49.44.030
Labor representative receiving bribe.
Every person who, being the duly constituted representative of a labor organization, shall ask or receive, directly or indirectly, any compensation, gratuity, or reward, or any promise thereof, upon any agreement or understanding that any of his or her acts, decisions, or other duties as such representative, or any act to prevent or cause a strike of the employees of any person or corporation shall be influenced thereby, shall be guilty of a gross misdemeanor.
[ 2010 c 8 § 12037; 1909 c 249 § 425; RRS § 2677.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.040 - Obtaining employment by false letter or certificate.

RCW 49.44.040
Obtaining employment by false letter or certificate.
Every person who shall obtain employment or appointment to any office or place of trust, by color or aid of any false or forged letter or certificate of recommendation, shall be guilty of a misdemeanor.
[ 1909 c 249 § 371; RRS § 2623.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.050 - Fraud by employment agent.

RCW 49.44.050
Fraud by employment agent.
Every employment agent or broker who, with intent to influence the action of any person thereby, shall misstate or misrepresent verbally, or in any writing or advertisement, any material matter relating to the demand for labor, the conditions under which any labor or service is to be performed, the duration thereof or the wages to be paid therefor, shall be guilty of a misdemeanor.
[ 1909 c 249 § 372; RRS § 2624.]
NOTES:
Discrimination—Unfair practices of employment agencies: RCW 49.60.200.
False advertising: RCW 9.04.010.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.060 - Corrupt influencing of agent.

RCW 49.44.060
Corrupt influencing of agent.
Every person who shall give, offer, or promise, directly or indirectly, any compensation, gratuity, or reward to any agent, employee, or servant of any person or corporation, with intent to influence his or her action in relation to his or her principal's, employer's, or master's business, shall be guilty of a gross misdemeanor.
[ 2010 c 8 § 12038; 1909 c 249 § 426; RRS § 2678.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.080 - Endangering life by refusal to labor.

RCW 49.44.080
Endangering life by refusal to labor.
Every person who shall wilfully and maliciously, either alone or in combination with others, break a contract of service or employment, knowing or having reasonable cause to believe that the consequence of his or her so doing will be to endanger human life or to cause grievous bodily injury, or to expose valuable property to destruction or serious injury, shall be guilty of a misdemeanor.
[ 2010 c 8 § 12039; 1909 c 249 § 281; RRS § 2533.]
NOTES:
Injunctions in labor disputes: Chapter 49.32 RCW.
Labor unions—Injunctions in labor disputes: RCW 49.36.015.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.085 - Provision requiring an employee to waive right to publicly pursue cause of action is unenforceable.

RCW 49.44.085
Provision requiring an employee to waive right to publicly pursue cause of action is unenforceable.
A provision of an employment contract or agreement is against public policy and is void and unenforceable if it requires an employee to waive the employee's right to publicly pursue a cause of action arising under chapter 49.60 RCW or federal antidiscrimination laws or to publicly file a complaint with the appropriate state or federal agencies, or if it requires an employee to resolve claims of discrimination in a dispute resolution process that is confidential.
[ 2018 c 120 § 1.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.090 - Unfair practices in employment because of age of employee or applicant—Exceptions.

RCW 49.44.090
Unfair practices in employment because of age of employee or applicant—Exceptions.
It shall be an unfair practice:
(1) For an employer or licensing agency, because an individual is forty years of age or older, to refuse to hire or employ or license or to bar or to terminate from employment such individual, or to discriminate against such individual in promotion, compensation or in terms, conditions or privileges of employment: PROVIDED, That employers or licensing agencies may establish reasonable minimum and/or maximum age limits with respect to candidates for positions of employment, which positions are of such a nature as to require extraordinary physical effort, endurance, condition or training, subject to the approval of the executive director of the Washington state human rights commission or the director of labor and industries through the division of industrial relations.
(2) For any employer, licensing agency or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses any limitation, specification or discrimination respecting individuals forty years of age or older: PROVIDED, That nothing herein shall forbid a requirement of disclosure of birthdate upon any form of application for employment or by the production of a birth certificate or other sufficient evidence of the applicant's true age after an employee is hired.
Nothing contained in this section or in RCW 49.60.180 as to age shall be construed to prevent the termination of the employment of any person who is physically unable to perform his or her duties or to affect the retirement policy or system of any employer where such policy or system is not merely a subterfuge to evade the purposes of this section; nor shall anything in this section or in RCW 49.60.180 be deemed to preclude the varying of insurance coverages according to an employee's age; nor shall this section be construed as applying to any state, county, or city law enforcement agencies, or as superseding any law fixing or authorizing the establishment of reasonable minimum or maximum age limits with respect to candidates for certain positions in public employment which are of such a nature as to require extraordinary physical effort, or which for other reasons warrant consideration of age factors.
[ 1993 c 510 § 24; 1985 c 185 § 30; 1983 c 293 § 2; 1961 c 100 § 5.]
NOTES:
Severability—1993 c 510: See note following RCW 49.60.010.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
Unfair practices, discrimination because of age: RCW 49.60.180 through 49.60.205.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.100 - Bringing in out-of-state persons to replace employees involved in labor dispute—Penalty.

RCW 49.44.100
Bringing in out-of-state persons to replace employees involved in labor dispute—Penalty.
(1) It shall be unlawful for any person, firm or corporation not directly involved in a labor strike or lockout to recruit and bring into this state from outside this state any person or persons for employment, or to secure or offer to secure for such person or persons any employment, when the purpose of such recruiting, securing or offering to secure employment is to have such persons take the place in employment of employees in a business owned by a person, firm or corporation involved in a labor strike or lockout, or to have such persons act as pickets of a business owned by a person, firm or corporation where a labor strike or lockout exists: PROVIDED, That this section shall not apply to activities and services offered by or through the Washington employment security department.
(2) Any person violating this section is guilty of a gross misdemeanor.
[ 2003 c 53 § 277; 1961 c 180 § 1.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.120 - Requiring lie detector tests—Penalty.

RCW 49.44.120
Requiring lie detector tests—Penalty.
(1) It shall be unlawful for any person, firm, corporation or the state of Washington, its political subdivisions or municipal corporations to require, directly or indirectly, that any employee or prospective employee take or be subjected to any lie detector or similar tests as a condition of employment or continued employment: PROVIDED, That this section shall not apply to persons making application for employment with any law enforcement agency or with the juvenile court services agency of any county, or to persons returning after a break of more than twenty-four consecutive months in service as a fully commissioned law enforcement officer: PROVIDED FURTHER, That this section shall not apply to either the initial application for employment or continued employment of persons who manufacture, distribute, or dispense controlled substances as defined in chapter 69.50 RCW, or to persons in sensitive positions directly involving national security.
(2) Nothing in this section shall be construed to prohibit the use of psychological tests as defined in RCW 18.83.010.
(3) Any person violating this section is guilty of a misdemeanor.
(4) As used in this section, "person" includes any individual, firm, corporation, or agency or political subdivision of the state.
(5) Nothing in this section may be construed as limiting any statutory or common law rights of any person illegally denied employment or continued employment under this section for purposes of any civil action or injunctive relief.
[ 2007 c 14 § 1; 2005 c 265 § 1; 2003 c 53 § 278; 1985 c 426 § 1; 1973 c 145 § 1; 1965 c 152 § 1.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.135 - Requiring lie detector tests—Civil penalty and damages—Attorneys' fees.

RCW 49.44.135
Requiring lie detector tests—Civil penalty and damages—Attorneys' fees.
In a civil action alleging a violation of RCW 49.44.120, the court may:
(1) Award a penalty in the amount of five hundred dollars to a prevailing employee or prospective employee in addition to any award of actual damages;
(2) Award reasonable attorneys' fees and costs to the prevailing employee or prospective employee; and
(3) Pursuant to RCW 4.84.185, award any prevailing party against whom an action has been brought for a violation of RCW 49.44.120 reasonable expenses and attorneys' fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause.
[ 1985 c 426 § 3.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.140 - Requiring assignment of employee's rights to inventions—Conditions.

RCW 49.44.140
Requiring assignment of employee's rights to inventions—Conditions.
(1) A provision in an employment agreement which provides that an employee shall assign or offer to assign any of the employee's rights in an invention to the employer does not apply to an invention for which no equipment, supplies, facilities, or trade secret information of the employer was used and which was developed entirely on the employee's own time, unless (a) the invention relates (i) directly to the business of the employer, or (ii) to the employer's actual or demonstrably anticipated research or development, or (b) the invention results from any work performed by the employee for the employer. Any provision which purports to apply to such an invention is to that extent against the public policy of this state and is to that extent void and unenforceable.
(2) An employer shall not require a provision made void and unenforceable by subsection (1) of this section as a condition of employment or continuing employment.
(3) If an employment agreement entered into after September 1, 1979, contains a provision requiring the employee to assign any of the employee's rights in any invention to the employer, the employer must also, at the time the agreement is made, provide a written notification to the employee that the agreement does not apply to an invention for which no equipment, supplies, facility, or trade secret information of the employer was used and which was developed entirely on the employee's own time, unless (a) the invention relates (i) directly to the business of the employer, or (ii) to the employer's actual or demonstrably anticipated research or development, or (b) the invention results from any work preformed [performed] by the employee for the employer.
[ 1979 ex.s. c 177 § 2.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.150 - Requiring assignment of employee's rights to inventions—Disclosure of inventions by employee.

RCW 49.44.150
Requiring assignment of employee's rights to inventions—Disclosure of inventions by employee.
Even though the employee meets the burden of proving the conditions specified in RCW 49.44.140, the employee shall, at the time of employment or thereafter, disclose all inventions being developed by the employee, for the purpose of determining employer or employee rights. The employer or the employee may disclose such inventions to the department of employment security, and the department shall maintain a record of such disclosures for a minimum period of five years.
[ 1979 ex.s. c 177 § 3.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.160 - Public employers—Intent.

RCW 49.44.160
Public employers—Intent.
The legislature intends that public employers be prohibited from misclassifying employees, or taking other action to avoid providing or continuing to provide employment-based benefits to which employees are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification.
Chapter 155, Laws of 2002 does not mandate that any public employer provide benefits to actual temporary, seasonal, or part-time employees beyond the benefits to which they are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification. Public employers may determine eligibility rules for their own benefit plans and may exclude categories of workers such as "temporary" or "seasonal," so long as the definitions and eligibility rules are objective and applied on a consistent basis. Objective standards, such as control over the work and the length of the employment relationship, should determine whether a person is an employee who is entitled to employee benefits, rather than the arbitrary application of labels, such as "temporary" or "contractor." Common law standards should be used to determine whether a person is performing services as an employee, as a contractor, or as part of an agency relationship.
Chapter 155, Laws of 2002 does not modify any statute or policy regarding the employment of: Public employee retirees who are hired for postretirement employment as provided for in chapter 41.26, 41.32, 41.35, or 41.40 RCW or who work as contractors; or enrolled students who receive employment as student employees or as part of their education or financial aid.
[ 2002 c 155 § 1.]
NOTES:
Construction—2002 c 155: "This act shall be construed liberally for the accomplishment of its purposes." [ 2002 c 155 § 3.]
Severability—2002 c 155: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2002 c 155 § 4.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.170 - Public employers—Unfair practices—Definitions—Remedies.

RCW 49.44.170
Public employers—Unfair practices—Definitions—Remedies.
(1) It is an unfair practice for any public employer to:
(a) Misclassify any employee to avoid providing or continuing to provide employment-based benefits; or
(b) Include any other language in a contract with an employee that requires the employee to forgo employment-based benefits.
(2) The definitions in this subsection apply throughout chapter 155, Laws of 2002 unless the context clearly requires otherwise.
(a) "Employee" means a person who is providing services for compensation to an employer, unless the person is free from the employer's direction and control over the performance of work. This definition shall be interpreted consistent with common law.
(b) "Employment-based benefits" means any benefits to which employees are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification.
(c) "Public employer" means: (i) Any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision; and (ii) the state, state institutions, and state agencies. This definition shall be interpreted consistent with common law.
(d) "Misclassify" and "misclassification" means to incorrectly classify or label a long-term public employee as "temporary," "leased," "contract," "seasonal," "intermittent," or "part-time," or to use a similar label that does not objectively describe the employee's actual work circumstances.
(3) An employee deeming himself or herself harmed in violation of subsection (1) of this section may bring a civil action in a court of competent jurisdiction.
[ 2002 c 155 § 2.]
NOTES:
Construction—Severability—2002 c 155: See notes following RCW 49.44.160.
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.180 - Genetic screening.

RCW 49.44.180
Genetic screening.
It shall be unlawful for any person, firm, corporation, or the state of Washington, its political subdivisions, or municipal corporations to require, directly or indirectly, that any employee or prospective employee submit genetic information or submit to screening for genetic information as a condition of employment or continued employment.
"Genetic information" for purposes of this chapter, is information about inherited characteristics that can be derived from a DNA-based or other laboratory test, family history, or medical examination. "Genetic information" for purposes of this chapter, does not include: (1) Routine physical measurements, including chemical, blood, and urine analysis, unless conducted purposefully to diagnose genetic or inherited characteristics; and (2) results from tests for abuse of alcohol or drugs.
[ 2020 c 76 § 18; 2004 c 12 § 1.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.190 - Noncompetition agreements for broadcasting industry employees—Restrictions—Trade secrets protected.

RCW 49.44.190
Noncompetition agreements for broadcasting industry employees—Restrictions—Trade secrets protected.
(1) If an employee subject to an employee noncompetition agreement is terminated without just cause or laid off by action of the employer, the noncompetition agreement is void and unenforceable.
(2) Nothing in this section restricts the right of an employer to protect trade secrets or other proprietary information by lawful means in equity or under applicable law.
(3) Nothing in this section has the effect of terminating, or in any way modifying, any rights or liabilities resulting from an employee noncompetition agreement that was entered into before December 31, 2005.
(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Employee" means an employee of a broadcasting industry employer other than a sales or management employee.
(b) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations.
(c) "Employee noncompetition agreement" means an agreement, written or oral, express or implied, between an employer and employee under which the employee agrees not to compete, either alone or as an employee of another, with the employer in providing services after termination of employment.
(d) "Broadcasting industry" means employers that distribute or transmit electronic signals to the public at large using television (VHF or UHF), radio (AM, FM, or satellite), or cable television technologies, or which prepare, develop, or create programs or messages to be transmitted by electronic signal using television, radio, or cable technology.
[ 2005 c 176 § 1.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.205 - Violations of RCW 49.44.200—Civil action—Remedies.

RCW 49.44.205
Violations of RCW 49.44.200—Civil action—Remedies.
An employee or applicant aggrieved by a violation of RCW 49.44.200 may bring a civil action in a court of competent jurisdiction. The court may:
(1) Award a prevailing employee or applicant injunctive or other equitable relief, actual damages, a penalty in the amount of five hundred dollars, and reasonable attorneys' fees and costs; and
(2) Pursuant to RCW 4.84.185, award any prevailing party against whom an action has been brought for a violation of RCW 49.44.200 reasonable expenses and attorneys' fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause.
[ 2013 c 330 § 2.]
2023 Revised Code of Washington › Title 49 - Labor Regulations › Chapter 49.44 - Violations—Prohibited Practices. › 49.44.220 - Prohibited acts with respect to an employee's participation or nonparticipation in an employee assistance program.

RCW 49.44.220
Prohibited acts with respect to an employee's participation or nonparticipation in an employee assistance program.
(1)(a) It is unlawful for an employer to obtain individually identifiable information regarding an employee's participation in an employee assistance program. Individually identifiable information gathered in the process of conducting an employee assistance program must be kept confidential.
(b) Subsection (1)(a) of this section does not apply to:
(i) Authorized disclosures under RCW 41.04.730;
(ii) Disclosures to an employer regarding an employee's attendance in an employee assistance program, which the employee was required to attend as a condition of continued employment; and
(ii) [(iii)] Disclosures that are:
(A) Made to prevent or lessen a perceived threat to the health or safety of an individual or the public; or
(B) Permitted or required under RCW 18.225.105, 70.02.050, or 71.05.120.
(2) An employee's participation or nonparticipation in an employee assistance program must not be a factor in a decision affecting an employee's job security, promotional opportunities, corrective or disciplinary action, or other employment rights.
[ 2022 c 11 § 1.]