reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-020 - Interpretation of phrases used in chapter 39.12 RCW

Current through Register Vol. 24-14, July 15, 2024
(1) The "acceptance date of the public works
			 project" referred to in
			 RCW
			 39.12.065 is the date that the contract
			 awarding agency formally accepts the completed public works project pursuant to
			 state law.
(2)RCW
			 39.12.050 and
			 39.12.065 refer to "inadvertent
			 filing or reporting error." The department defines an error as "inadvertent" if
			 it is made by a contractor, as defined by WAC
			 296-127-010(5),
			 or employer that shows that the error was made notwithstanding the use of due
			 care by the contractor or employer. The burden of proving that an error is
			 inadvertent rests with the contractor or employer charged with the
			 error.
(3) The definition of
			 "locality" in
			 RCW
			 39.12.010(2) contains the
			 phrase "wherein the physical work is being performed." The department
			 interprets this phrase to mean the actual work site. For example, if
			 nonstandard items specifically produced for public works projects are
			 prefabricated in a county other than the county wherein the public works
			 project is to be completed, the wage for the offsite prefabrication shall be
			 the applicable prevailing wage for the county in which the actual
			 prefabrication takes place. Workers who deliver such nonstandard items, as well
			 as materials pursuant to the terms of WAC
			 296-127-018, shall be paid the
			 applicable prevailing wage for the county in which the public works project is
			 located.
(4) In the implementation
			 and enforcement of
			 RCW
			 39.12.050 the terms "contractor" and
			 "subcontractor" include an entity, however organized, with substantially
			 identical corporate and/or operational structure to an entity that has been
			 found to violate
			 RCW
			 39.12.050. The factors used to determine
			 substantial identity shall include an assessment of whether there is:
			 Substantial continuity of the same business operation; use of the same
			 machinery and/or equipment; similarity of jobs and types of working conditions;
			 continuity of supervisors; and similarity of product or services.
Statutory Authority:
				  Chapters
				  39.04 and
				  39.12 RCW and
				  RCW
				  43.22.270. 92-01-104, § 296-127-020,
				  filed 12/18/91, effective 1/31/92. Statutory Authority:
				  RCW
				  39.12.050,
				  39.12.065,
				  43.22.270 and
				  51.04.020. 86-03-063 (Order
				  85-28), § 296-127-020, filed 1/17/86. Statutory Authority:
				  RCW
				  39.12.015,
				  39.12.060 and HB 795, 1982 1st
				  ex.s. c 38. 82-18-041 (Order 82-28), § 296-127-020, filed
				  8/27/82.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-021 - Apprentice worker

Current through Register Vol. 24-14, July 15, 2024
Any apprentice employed on public works projects for whom an
				apprentice agreement is registered and approved by the state apprenticeship
				council pursuant to
				chapter
				49.04 RCW within sixty
				days of hiring may be considered an apprentice and paid the applicable
				prevailing hourly rate for an apprentice of that trade for all hours
				worked.
Statutory Authority:
				  RCW
				  39.12.015,
				  39.12.060 and House Bill 795, 1982
				  1st ex.s. c 38. 82-18-041 (Order 82-28), § 296-127-021, filed
				  8/27/82.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-022 - Overtime according to RCW 49.28.065

Current through Register Vol. 24-14, July 15, 2024
(1) Work performed on public works contracts
			 will not require the payment of overtime rates for the first two hours worked
			 in excess of eight hours per day when the employer and employee voluntarily
			 enter into an agreement wherein the employee will work up to ten hours per day
			 in a four-day week to accomplish forty hours of work.
(2) Recognizing that there may be days when a
			 full ten hours of work is not available, the remainder of the forty hours may
			 be made up on another work day or days within the same work week, except work
			 performed on Saturdays, Sundays, and holidays is subject to the established
			 prevailing overtime provisions for a given trade or occupation, as provided in
			 chapter
			 39.12 RCW.
(3) For the purpose of this section an
			 agreement must:
(a) Have been authorized by
			 employees who bargained collectively with their employers through
			 representatives of their own choosing; or
(b) Be obtained in writing, signed, and dated
			 by both parties; and
(c) Be entered
			 into individually with each employee; and
(d) Be entered into separately for each
			 public works project, except that an employer, at its option, may obtain an
			 annual authorization; and
(e) State
			 the name of the public works project with specificity; and
(f) Be entered into voluntarily by the
			 employer and employee.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-023 - Building service maintenance

Current through Register Vol. 24-14, July 15, 2024
The "public building service maintenance contracts" referred to
				in RCW
				39.12.020 shall mean janitorial service
				contracts and cover only work performed by janitors, waxers, shampooers, and
				window cleaners.
For all building service maintenance contracts, the prevailing
				wage rates which are in effect on the date when the bids are required to be
				submitted to the contract awarding public agency are the minimum prevailing
				wage rates which must be paid for the first year of such contracts and
				thereafter. However, any building service maintenance contract of more than one
				year duration, must include wage increase language recognizing the potential
				for future variance in applicable prevailing wage(s) and specifying that the
				wages which a contractor shall pay its employees must be altered annually to
				recognize and follow the most recently promulgated increases in prevailing
				wages each year after the first year of the contract period. The cost of the
				increases in the wages due employees shall be borne by the contract awarding
				agency.
Statutory Authority:
				  Chapters
				  39.04 and
				  39.12 RCW and
				  RCW
				  43.22.270. 88-22-046 (Order 88-22), §
				  296-127-023, filed 10/31/88.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-025 - Applicability of joint federal-state standards

Current through Register Vol. 24-14, July 15, 2024
(1) When a public works project is subject to
			 the provisions of the Washington state public works law,
			 chapter
			 39.12 RCW, and the Federal
			 Davis-Bacon and related acts, the contractor and every subcontractor on that
			 project must pay at least the Washington state prevailing wage rates, if they
			 are higher than the federal prevailing wage rates for the project unless
			 specifically preempted by federal law.
(2) When the federal prevailing wage rates
			 are higher than the Washington state prevailing wage rates, the contractor
			 shall pay the federal rate as required by federal law.
Statutory Authority:
				  Chapters
				  39.04 and
				  39.12 RCW and
				  RCW
				  43.22.270. 92-01-104, § 296-127-025,
				  filed 12/18/91, effective 1/31/92; 88-22-046 (Order 88-22), § 296-127-025,
				  filed 10/31/88.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-026 - Exemptions for sole owners and their spouses, partnerships, corporations, and employees of public agencies

Current through Register Vol. 24-14, July 15, 2024
The prevailing wage requirements of chapter 39.12 RCW do not
				apply to:
(1) Sole owners and their
			 spouses.
(2) Any partner who owns
			 at least thirty percent of a partnership.
(3) The president, vice president and
			 treasurer of a corporation if each one owns at least thirty percent of the
			 corporation.
(4) Workers regularly
			 employed by the state or any county, municipality, or political subdivision
			 created by its laws.
Statutory Authority:
				  Chapters
				  39.04 and
				  39.12 RCW and
				  RCW
				  43.22.270. 88-22-046 (Order 88-22), §
				  296-127-026, filed 10/31/88.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-030 - Irrigation district exemption

Current through Register Vol. 24-14, July 15, 2024
Contracts awarded by irrigation districts for the reclamation
				or development of waste or undeveloped lands are not covered by the prevailing
				wage law, pursuant to
				RCW
				39.04.010. Any work, construction alteration,
				repair or improvement that is not solely for the reclamation or development of
				waste or undeveloped land is covered by the prevailing wage laws and therefore
				subject to all the laws and regulations contained in and adopted pursuant to
				chapter
				39.12
				RCW.
Statutory Authority:
				  RCW
				  39.12.015,
				  39.12.060 and House Bill 795, 1982
				  1st ex.s. c 38. 82-18-041 (Order 82-28), § 296-127-030, filed
				  8/27/82.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-040 - Statement of intent to pay prevailing wages

Current through Register Vol. 24-14, July 15, 2024
(1) All statements of intent to pay
			 prevailing wages submitted to the industrial statistician of the department
			 shall be accompanied by a forty-dollar filing fee for each statement. Fees
			 shall be made payable to the department of labor and industries.
(2) Any agency, division, or department of
			 the state of Washington which through agreement with the department certifies
			 statements of intent for its own contracts shall provide to the industrial
			 statistician each month the number of statements of intent certified and
			 quarterly shall send the fee set in
			 RCW
			 39.12.070 for each statement of intent to pay
			 prevailing wages it has certified. This fee shall be sent to the industrial
			 statistician and be made payable to the department of labor and
			 industries.
Statutory Authority:
				  Chapter
				  39.12 RCW,
				  RCW
				  43.22.270, and 2008 c 285. 08-17-072, §
				  296-127-040, filed 8/19/08, effective 9/19/08. Statutory Authority:
				  RCW
				  39.12.070. 94-01-100, § 296-127-040,
				  filed 12/16/93, effective 1/16/94. Statutory Authority:
				  RCW
				  43.22.270. 90-24-053, § 296-127-040,
				  filed 12/3/90, effective 1/3/91. Statutory Authority:
				  Chapters
				  39.04 and
				  39.12 RCW and
				  RCW
				  43.22.270. 88-22-046 (Order 88-22), §
				  296-127-040, filed 10/31/88. Statutory Authority:
				  RCW
				  39.12.015,
				  39.12.060 and House Bill 795, 1982
				  1st ex.s. c 38. 82-18-041 (Order 82-28), § 296-127-040, filed
				  8/27/82.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-045 - Affidavit of wages paid

Current through Register Vol. 24-14, July 15, 2024
(1) All
			 affidavits of wages paid submitted to the industrial statistician of the
			 department shall be accompanied by a forty-dollar filing fee for each affidavit
			 of wages paid. All fees shall be made payable to the department of labor and
			 industries.
(2) Any agency,
			 division, or department of the state of Washington which through agreement with
			 the department certifies affidavits of wages paid for its own contracts shall
			 provide to the industrial statistician each month the number of affidavit of
			 wages paid it has certified and quarterly shall send the fee set in
			 RCW
			 39.12.070 for each affidavit of wages paid it
			 has certified. This fee shall be sent to the industrial statistician and be
			 made payable to the department of labor and industries.
Statutory Authority:
				  Chapter
				  39.12 RCW,
				  RCW
				  43.22.270, and 2008 c 285. 08-17-072, §
				  296-127-045, filed 8/19/08, effective 9/19/08. Statutory Authority:
				  RCW
				  39.12.070. 94-01-100, § 296-127-045,
				  filed 12/16/93, effective 1/16/94. Statutory Authority:
				  RCW
				  43.22.270. 90-24-053, § 296-127-045,
				  filed 12/3/90, effective 1/3/91. Statutory Authority:
				  Chapters
				  39.04 and
				  39.12 RCW and
				  RCW
				  43.22.270. 88-22-046 (Order 88-22), §
				  296-127-045, filed 10/31/88. Statutory Authority:
				  RCW
				  39.12.015,
				  39.12.060 and House Bill 795, 1982
				  1st ex.s. c 38. 82-18-041 (Order 82-28), § 296-127-045, filed
				  8/27/82.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-050 - Filing of statements of intent to pay prevailing wages and affidavits of wages paid per RCW 39.12.040(2)

Current through Register Vol. 24-14, July 15, 2024
A contract awarding agency may, as part of a public works
				contract, enter into an agreement with a contractor to approve statements of
				intent to pay prevailing wages and affidavits of wages paid on behalf of the
				department as provided in
				RCW
				39.12.040(2), pursuant to
				the following terms:
(1) The agreement
			 must be incorporated into the bid specifications and contract
			 document;
(2) Statement of intent
			 forms and affidavit of wages paid forms, provided by the department, must be
			 filed with the contract awarding agency by the contractor prior to the
			 disbursement of public funds;
(3)
			 Contract awarding agencies must retain copies of all statements of intent to
			 pay prevailing wages received pursuant to this section for a period of not less
			 than three years;
(4) Contract
			 awarding agencies must send to the department copies of all affidavits of wages
			 paid received pursuant to this section within 30 days of receipt from the
			 contractor;
(5) The contract
			 awarding agency shall accept full responsibility and liability for payment of
			 any valid wage claims directly to the claimant;
(6) The contract awarding agency may proceed
			 against any contractor found to have violated the provisions of the statute,
			 and may debar such contractor from consideration for future contracts for up to
			 one year and will provide the department with the names and contractor
			 registration or other employer identification numbers of any such debarred
			 contractors within 30 days of the debarment; and
(7) Contract awarding agencies and
			 contractors shall not enter into contracts or agreements to perform public work
			 that subdivide or otherwise disaggregate any public works project of more than
			 the dollar amount outlined in
			 RCW
			 39.12.040 (2)(e), to enable
			 such public works project to be awarded pursuant to this section.
Statutory Authority:
				  Chapters
				  39.04 and
				  39.12 RCW and
				  RCW
				  43.22.270. 92-01-104, § 296-127-050,
				  filed 12/18/91, effective 1/31/92.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-060 - Director of department of labor and industries to arbitrate disputes-General provisions

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 contract executed between a public authority and the successful bidder or
			 contractor and all of his or her subcontractors shall contain a provision that
			 in case any dispute arises as to what are the prevailing rates of wages for a
			 specific trade, craft or occupation and such dispute cannot be adjusted by the
			 parties in interest, including labor and management representatives, the matter
			 shall be referred for arbitration to the director, and his or her decision
			 shall be final, conclusive, and binding on all parties involved in the
			 dispute.
(2) In exercising his or
			 her authority to hear and decide disputes the director shall consider among
			 other things, timeliness, the nature of the relief sought, matters of undue
			 hardship or injustice, or public interest. A "timely" request for arbitration
			 is one received within thirty days after the contract has been
			 awarded.
(3) Any party in interest
			 who is seeking a modification or other change in a wage determination under
			 RCW
			 39.12.015, and who has requested the
			 industrial statistician to make such modification or other change and the
			 request has been denied, after appropriate reconsideration by the assistant
			 director shall have a right to petition for arbitration of the determination.
(a) For purpose of this section, the term
			 "party in interest" is considered to include, without limitation:
(i) Any contractor, or an association
			 representing a contractor, who is likely to seek or to work under a contract
			 containing a particular wage determination, or any worker, laborer or mechanic,
			 or any council of unions or any labor organization which represents a laborer
			 or mechanic who is likely to be employed or to seek employment under a contract
			 containing a particular wage determination, and
(ii) Any public agency concerned with the
			 administration of a proposed contract or a contract containing a particular
			 wage determination issued pursuant to chapter 39.12 RCW.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-061 - Requests for arbitration

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 petition for arbitration (original and two copies) shall be filed with:
			 Director, Department of Labor and Industries, 7273 Linderson Way Southwest,
			 Tumwater, Washington, or by mail to: Post Office Box 44001, Olympia, WA
			 98504-4001. In addition, copies of the petition shall be served personally or
			 by mail upon each of the following:
(a) The
			 public agency or agencies involved;
(b) The industrial statistician;
			 and
(c) Any other person (or the
			 authorized representatives of such person) known to be interested in the
			 subject matter of the petition.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-062 - Conduct of arbitration hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Interested persons other than the
			 petitioner shall have a reasonable opportunity as specified by the director in
			 particular cases to submit to the director written data, views, or arguments
			 relating to the petition. Such material (original and four copies) shall be
			 filed with the: Director, Department of Labor and Industries, 7273 Linderson
			 Way Southwest, Tumwater, Washington, or by mail to: Post Office Box 44001,
			 Olympia, WA 98504-4001 and be accompanied by a filing fee of thirty-five
			 dollars. Fees shall be made payable to the department of labor and industries.
			 Copies of any such material shall be served on the petitioner and other
			 interested persons.
(2) Each party
			 in interest shall have the right to appear in person or by or with counsel or
			 other qualified representatives in any proceeding before the director. If all
			 parties agree, oral testimony may be waived and arguments submitted in
			 writing.
(3) Upon his or her own
			 initiative or upon motion of any interested person or party, the director may
			 consolidate in any proceeding or concurrently consider two or more appeals
			 which involve substantially the same persons or parties, or issues which are
			 the same or closely related, if he or she finds that such consolidation or
			 concurrent review will contribute to an efficient review and to the ends of
			 justice, and it will not unduly delay consideration of any such
			 appeals.
(4) The director shall
			 prescribe the time and place for hearing. The director shall schedule the
			 hearing within forty-five days of the request. For good cause shown, the
			 director may allow a continuance at the request of a party in interest.
(a) With respect to any proceeding before the
			 director, the director may upon his or her own initiative or upon the request
			 of any interested person or party direct the interested persons or parties to
			 appear before the director at a specified time and place in order to simplify
			 the issues presented or to take up any other matters which may tend to expedite
			 or otherwise facilitate the disposition of the proceeding.
(b) All papers submitted to the director
			 under this section shall be filed with the: Department of Labor and Industries,
			 7273 Linderson Way Southwest, Tumwater, Washington, or by mail to: Post Office
			 Box 44001, Olympia, WA 98504-4001. An original and two copies of all papers
			 shall be submitted. Service under this part shall be by the filing party or
			 interested person; service may be personal or may be by mail. Service by mail
			 is complete on mailing.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-130 - Filing of complaint

Current through Register Vol. 24-14, July 15, 2024
Any interested party, as defined in
				RCW
				39.12.010(4) may file with
				the department a complaint alleging a violation of the prevailing wage laws.
				The complaint must describe the alleged violation and identify the alleged
				violator. It would aid the department's investigation if the complaint also
				specifies:
(1) The name and address of
			 the complainant;
(2) The address of
			 the alleged violator;
(3) The name
			 and address of the public agency that awarded the contract;
(4) The date the public agency accepted the
			 completed public work (if applicable);
(5) The specific rates of wages paid by the
			 violator and the rates that allegedly should be paid;
(6) The exact amount of prevailing wages that
			 are alleged to remain unpaid; and
(7) The date the bids were due on the public
			 works project.
Statutory Authority:
				  RCW
				  39.12.050,
				  39.12.065,
				  43.22.270 and
				  51.04.020. 86-03-063 (Order
				  85-28), § 296-127-130, filed
				  1/17/86.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-140 - Investigation of complaint

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department shall investigate a complaint filed by an interested party unless
			 the complaint was filed more than thirty days after the date the public agency
			 accepted the public work that gave rise to the complaint. The department may,
			 in its sole discretion, investigate a complaint filed more than thirty days
			 after the acceptance date. However, the department may not charge a contractor
			 with a violation of
			 RCW
			 39.12.065 if the complaint is filed after the
			 thirty-day limit.
The department's investigation shall determine whether a
				violation of
				RCW
				39.12.065 or
				39.12.050, or both, or of any
				other provision of
				chapter
				39.12 RCW,
				occurred.
(2) If the
			 department's investigation substantiates a complaint that alleges that a
			 contractor has violated
			 RCW
			 39.12.065, the department is required to
			 attempt to collect unpaid wages for the contractor's employees. During the
			 investigation, the department should be able to identify the affected
			 employees. The department shall direct to the affected employees the best
			 notice practicable under the circumstances, including individual notice to all
			 employees who can be identified through reasonable effort. The notice shall
			 inform the employee that (a) the department's final order, whether favorable or
			 not, will apply to all employees; (b) any employee may, if he or she desires,
			 move to intervene as a party in any hearing held as a result of the
			 investigation; and (c) that the employee may have a private right of action to
			 collect unpaid prevailing wages.
Statutory Authority:
				  RCW
				  39.12.050,
				  39.12.065,
				  43.22.270 and
				  51.04.020. 86-03-063 (Order
				  85-28), § 296-127-140, filed
				  1/17/86.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-150 - Notice of violation

Current through Register Vol. 24-14, July 15, 2024
(1) If
			 the department determines after its investigation that there is reasonable
			 cause to believe that the prevailing wage law has been violated, the department
			 shall notify the violator of its determination. The notice of violation shall
			 be served on the violator personally or by certified mail.
(2) The notice of violation shall:
(a) Describe concisely the
			 violation;
(b) Specify which
			 statute or statutes were violated;
(c) If known, identify the laborers, workers,
			 and mechanics who are affected by the violation;
(d) If known, state the amount of unpaid
			 prevailing wages the violator owes;
(e) State that an employee cannot by contract
			 or agreement waive the right to receive the prevailing wage;
(f) State the penalty that the department
			 will assess for a violation, if any, of
			 RCW
			 39.12.065 and
			 39.12.050; and
(g) State the date the complaint was filed
			 with the department.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-160 - Appeal of notice of violation

Current through Register Vol. 24-14, July 15, 2024
The violator or any of its sureties who are interested in the
				matter may request a hearing on a notice of violation. One original and four
				copies of the request must be filed with the director within thirty days after
				the date the department issued the notice. The party requesting the hearing
				must also serve a copy of the notice on all interested sureties and, if the
				requestor is a surety, on the violator.
The request for hearing must be in writing and must
				specify:
(1) The name and address of
			 the party requesting the hearing;
(2) The notice of violation that is being
			 appealed;
(3) The items of the
			 notice of violation that the requestor believes are erroneous; and
(4) The reasons the notice of violation is
			 erroneous.
Statutory Authority:
				  RCW
				  39.12.050,
				  39.12.065,
				  43.22.270 and
				  51.04.020. 86-03-063 (Order
				  85-28), § 296-127-160, filed
				  1/17/86.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-180 - Effect of final decision finding a violation of RCW 39.12.065

Current through Register Vol. 24-14, July 15, 2024
If the director issues a final decision that includes a finding
				that a contractor violated
				RCW
				39.12.065 and that the contractor owes unpaid
				prevailing wages, and the finding is not timely appealed or is affirmed by the
				courts, the findings and the decision are res judicata in any action by the
				department or by any interested party who was a plaintiff at the hearing,
				against the contractor and its sureties to recover the unpaid prevailing wages.
				The findings and decision are not res judicata in any action by an interested
				party who was not a plaintiff at the hearing.
Statutory Authority:
				  RCW
				  39.12.050,
				  39.12.065,
				  43.22.270 and
				  51.04.020. 86-03-063 (Order
				  85-28), § 296-127-180, filed
				  1/17/86.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-190 - Filing of lien against retainage or bonds

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receipt of a timely complaint that a
			 contractor has violated
			 RCW
			 39.12.065, and that the contractor owes
			 unpaid prevailing wages, the department may file a lien against the retainage
			 or bond obtained by the contractor under
			 RCW
			 60.28.011.
(2) Upon issuance by the director of a final
			 decision that finds that a contractor has violated
			 RCW
			 39.12.065 or
			 39.12.050,
			 and that sets a civil penalty for the violation, the department shall file
			 liens for the penalty amount against the retainage and bonds the contractor
			 obtained under
			 RCW
			 39.12.065(2)(c),
			 39.08.010,
			 and
			 60.28.011.
Statutory Authority:
				  RCW
				  39.12.050,
				  39.12.065,
				  43.22.270 and
				  51.04.020. 86-03-063 (Order
				  85-28), § 296-127-190, filed
				  1/17/86.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-200 - Surety bond payable to director

Current through Register Vol. 24-14, July 15, 2024
(1)
								RCW
			 39.12.065(2)(c) authorizes
			 the director to require a contractor to obtain a surety bond "running to the
			 director in the amount of the violation found." The intent and wording
			 indicates that the director may require such a bond only after issuing a final
			 decision finding that the contractor has violated
			 RCW
			 39.12.065.
(2) The director may demand that a violating
			 contractor post the bond when:
(a) The
			 director has issued a final decision that finds that the contractor owes unpaid
			 prevailing wages or a penalty, whether or not the decision has been appealed to
			 the courts; and
(b) The retainage
			 or bonds provided under
			 RCW
			 60.28.011,
			 18.27.040,
			 and
			 19.28.041
			 are or may be insufficient to pay the amount of prevailing wages or the penalty
			 owed.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-210 - Suit against retainage and bonds

Current through Register Vol. 24-14, July 15, 2024
(1) If the director issues a final decision
			 that includes a finding that the contractor has violated
			 RCW
			 39.12.065 or
			 39.12.050, and the finding is not
			 timely appealed or is affirmed by the courts, the department may file suit
			 against the appropriate retainage and bonds to recover the amount of unpaid
			 prevailing wages or the civil penalty.
(2) The department may, before issuance of a
			 final decision, file suit against the appropriate retainage and bonds to
			 recover unpaid prevailing wages if the filing of a suit is necessary to
			 preserve the claim. The suit shall be held in abeyance pending the exhaustion
			 of administrative remedies.
Statutory Authority:
				  RCW
				  39.12.050,
				  39.12.065,
				  43.22.270 and
				  51.04.020. 86-03-063 (Order
				  85-28), § 296-127-210, filed
				  1/17/86.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-220 - Distribution of recovery

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Upon making a recovery pursuant to
			 RCW
			 39.12.065(2) against a
			 contractor's retainage or bonds, the department shall distribute the proceeds
			 and any award of attorneys' fees and costs as follows:
(a) The recovery shall be paid to the
			 employees of the violator who did not receive the correct prevailing wage. The
			 distribution among employees shall be based on the evidence of wage loss
			 produced at the hearing on the violation.
(b) Next shall be paid the costs the
			 department incurred in making the recovery. The department shall pay these
			 costs from the attorney's fees and costs awarded by the courts.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-300 - Filing and service

Current through Register Vol. 24-14, July 15, 2024
All papers required to be filed with the director under this
				chapter or chapter 39.12 RCW shall be addressed to: Director, Department of
				Labor and Industries, 7273 Linderson Way Southwest, Tumwater, Washington, or by
				mail to: Post Office Box 44001, Olympia, WA 98504-4001.
Filing and service shall be in accordance with chapter 34.05
				RCW.
Statutory Authority:
				  RCW
				  39.12.050,
				  39.12.065,
				  43.22.270 and
				  51.04.020. 86-03-063 (Order
				  85-28), § 296-127-300, filed
				  1/17/86.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-310 - List of violators

Current through Register Vol. 24-14, July 15, 2024
The department shall maintain a list of all contractors who are
				forbidden to bid on a public works project, or to have a bid accepted, pursuant
				to
				RCW
				39.12.065(3),
				39.12.055,
				or
				39.12.050.
				To the extent required by
				RCW
				39.12.065(3),
				39.12.055,
				and
				39.12.050,
				the industrial statistician shall refuse to certify any statement of intent to
				pay the prevailing wage or affidavit of wages paid that he or she determines
				was submitted by a contractor on the list. Because the department receives a
				large number of requests for certification, the department shall not be liable
				to any person or entity for certifying a statement or an affidavit of a
				contractor on the list.
The industrial statistician shall make the list available
				electronically.
Statutory Authority:
				  RCW
				  39.12.050,
				  39.12.065,
				  43.22.270 and
				  51.04.020. 86-03-063 (Order
				  85-28), § 296-127-310, filed
				  1/17/86.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-320 - Payroll

Current through Register Vol. 24-14, July 15, 2024
(1) Each contractor
			 shall keep accurate payroll records for three years from the date of acceptance
			 of the public works project by the contract awarding agency, showing the name,
			 address, Social Security number, trade or occupation, straight time rate,
			 hourly rate of usual benefits as defined by WAC
			 296-127-014(1),
			 and overtime hours worked each day and week, including any employee
			 authorizations executed pursuant to WAC
			 296-127-022, and the actual rate
			 of wages paid, for each laborer, worker, and mechanic employed by the
			 contractor for work performed on a public works project.
(2) A contractor shall, within ten days after
			 it receives a written request, from the department or from any interested party
			 as defined by
			 RCW
			 39.12.010(4), file a
			 certified copy of the payroll records with the agency that awarded the public
			 works contract and with the department.
(3) A contractor's noncompliance with this
			 section shall constitute a violation of
			 RCW
			 39.12.050.
Statutory Authority:
				  Chapters
				  39.04 and
				  39.12 RCW and
				  RCW
				  43.22.270. 92-01-104, § 296-127-320,
				  filed 12/18/91, effective 1/31/92. Statutory Authority:
				  RCW
				  39.12.050,
				  39.12.065,
				  43.22.270 and
				  51.04.020. 86-03-063 (Order
				  85-28), § 296-127-320, filed
				  1/17/86.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-400 - Applicability

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  39.12.022. 90-19-061, § 296-127-400,
				  filed 9/17/90, effective 10/18/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-410 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  39.12.022. 90-19-061, § 296-127-410,
				  filed 9/17/90, effective 10/18/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-420 - Application for a subprevailing wage certificate

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  39.12.022. 90-19-061, § 296-127-420,
				  filed 9/17/90, effective 10/18/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-430 - Conditions for granting a subpre-vailing wage certificate

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  39.12.022. 90-19-061, § 296-127-430,
				  filed 9/17/90, effective 10/18/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-440 - Issuance of a subprevailing wage certificate

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  39.12.022. 90-19-061, § 296-127-440,
				  filed 9/17/90, effective 10/18/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-450 - Terms of subprevailing wage certificate

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  39.12.022. 90-19-061, § 296-127-450,
				  filed 9/17/90, effective 10/18/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-460 - Renewal of subprevailing wage certificate

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  39.12.022. 90-19-061, § 296-127-460,
				  filed 9/17/90, effective 10/18/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-470 - Review

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  39.12.022. 90-19-061, § 296-127-470,
				  filed 9/17/90, effective 10/18/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-127 - Prevailing wage › Section 296-127-990 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				persons or circumstances is held invalid by state or federal court, the
				remainder of the chapter or the application of the provision to other persons
				or circumstances is not affected.
Statutory Authority:
				  Chapters
				  39.04 and
				  39.12 RCW and
				  RCW
				  43.22.270. 92-01-104, § 296-127-990,
				  filed 12/18/91, effective 1/31/92.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › RECORDKEEPING PROVISIONS › Section 296-128-011 - Special recordkeeping requirements

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to the records required by
				WAC 296-128-010, employers who employ
				individuals as truck or bus drivers subject to the provisions of the Federal
				Motor Carrier Act shall maintain records indicating the base rate of pay, the
				overtime rate of pay, the hours worked by each employee for each type of work,
				and the formulas and projected work hours used to substantiate any deviation
				from payment on an hourly basis pursuant to WAC
				296-128-012. The records shall
				indicate the period of time for which the base rate of pay and the overtime
				rate of pay are in effect.
For the purposes of this section and WAC
				  296-128-012, "base rate of pay"
				  means the amount of compensation paid per hour or per unit of work in a
				  workweek of forty hours or less. A base rate of pay shall be established in
				  advance of the work performed and may be based on hours or work units such as
				  mileage, performance of specified duties, or a specified percentage of the
				  gross proceeds charged for specified work. A base rate of pay shall not be
				  established that will result in compensation at less than the minimum wage
				  prescribed in
				  RCW
				  49.46.020. "Overtime rate of pay" means the
				  amount of compensation paid for hours worked in excess of forty hours per week
				  and shall be at least one and one-half times the base rate of pay.
(2) The records required by this
				section shall be made available by the employer at the request of the
				department. Any current or past employee may obtain copies of the formula, the
				base rate of pay, the overtime rate of pay, and that employee's records. Job
				applicants seeking employment by the employer as truck or bus drivers subject
				to the provisions of the Federal Motor Carrier Act, may obtain copies of the
				formula, the base rate of pay, and the overtime rate of pay.
Statutory Authority:
					 RCW
					 43.22.270 and
					 49.46.130. 08-21-150, §
					 296-128-011, filed 10/21/08, effective 11/21/08. Statutory Authority:
					 RCW
					 43.22.270,
					 49.46.130 and 1989 c 104.
					 89-22-120, § 296-128-011, filed 11/1/89, effective
					 12/2/89.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › RECORDKEEPING PROVISIONS › Section 296-128-015 - Definitions of workday and workweek

Current through Register Vol. 24-14, July 15, 2024
(1) A workweek is a fixed and regularly
				recurring period of one hundred sixty-eight hours or seven consecutive
				twenty-four-hour periods. It may begin on any day of the week and any hour of
				the day, and need not coincide with a calendar week.
(2) A workday is a fixed and regularly
				recurring period of twenty-four hours. It may begin at any hour of a calendar
				day and must begin at the same time each calendar day.
Regulation 294.7.001 (part), filed
					 12/30/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › RECORDKEEPING PROVISIONS › Section 296-128-020 - Term for keeping records

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise specifically authorized by the director all
				  records required under WAC
				  296-128-010 shall be kept for a
				  period of at least three years.
Regulation 294.7.001 (part), filed
					 12/30/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › RECORDKEEPING PROVISIONS › Section 296-128-025 - Place for keeping records and availability for inspection

Current through Register Vol. 24-14, July 15, 2024
Each employer shall keep the records required by this
				  regulation safe and accessible at the place or places of employment or at one
				  or more established central recordkeeping offices where such records are
				  customarily maintained. All such records shall be open at any time to
				  inspection and transcription or copying by the director and his duly authorized
				  representative and to the employee, upon request for that employee's work
				  record, at any reasonable time.
Statutory Authority:
					 RCW
					 43.22.270,
					 49.12.020,
					 49.12.091,
					 49.12.050,
					 49.46.020 and
					 49.46.070. 89-22-016 (Order
					 89-16), § 296-128-025, filed 10/24/89, effective 11/24/89; Regulation
					 294.7.001 (part), filed 12/30/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › RECORDKEEPING PROVISIONS › Section 296-128-030 - Petitions for exceptions

Current through Register Vol. 24-14, July 15, 2024
(1)
Submission of petitions for relief.
Any employer or group of
				employers who, due to peculiar conditions under which he or they must operate,
				desires authority to maintain records in a manner other than required in this
				regulation, or to be relieved of preserving certain records for the period
				specified in the regulation, may submit a written petition to the director
				setting forth the authority desired and the reasons therefor.
(2)
Action on petitions.
If, on
				review of the petition and after completion of any necessary investigation
				supplementary thereto, the director shall find that the authority prayed for,
				if granted, will not hamper or interfere with enforcement of the provisions of
				the act or any regulation or orders issued thereunder, he may then grant such
				authority but limited by such conditions as he may determine are requisite, and
				subject to subsequent revocation. Where the authority granted hereunder is
				sought to be revoked for failure to comply with the conditions determined by
				the director to be requisite to its existence, the employer or groups of
				employers involved shall be notified in writing of the facts constituting such
				failure and afforded an opportunity to achieve or demonstrate
				compliance.
(3)
Compliance
				after submission of petitions.
The submission of a petition or the delay
				of the director in acting upon such petition shall not relieve any employer or
				group of employers from any obligations to comply with all the requirements of
				the regulations in this part applicable to him or them. However the director
				shall give notice of the denial of any petition with due promptness.
Regulation 294.7.001 (part), filed
					 12/30/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › RECORDKEEPING PROVISIONS › Section 296-128-035 - Payment interval

Current through Register Vol. 24-14, July 15, 2024
(1) This rule
				shall apply to employers and employees subject to
				chapter
				49.46 RCW.
Note:
Employers and employees not subject to this regulation
							 may still be subject to the payment interval requirements of WAC
							 296-126-023 or
							 296-131-010.
(2)
				Definitions:
(a) "Monthly interval" means a
				one-month time period between established pay days.
(b) "Pay day" means a specific day or date
				established by the employer on which wages are paid for hours worked during a
				pay period.
(c) "Payment interval"
				means the amount of time between established pay days. A payment interval may
				be daily, weekly, bi-weekly, semi-monthly or monthly.
(d) "Pay period" means a defined time frame
				for which an employee will receive a paycheck. A pay period may be daily,
				weekly, bi-weekly, semi-monthly or monthly.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › WORKERS WITH A DISABILITY › Section 296-128-050 - Applicability of this regulation

Current through Register Vol. 24-14, July 15, 2024
This regulation is issued pursuant to
				  RCW
				  49.46.060, Washington minimum wage and hour
				  law, which authorized the director of the department of labor and industries,
				  to the extent necessary in order to prevent curtailment of opportunities for
				  employment, to issue special certificates for employment of individuals whose
				  earning capacity is impaired by age or physical or mental deficiency or injury
				  at wages lower than the minimum wage applicable under
				  RCW
				  49.46.020. Such certificates shall be subject
				  to the conditions prescribed in this regulation.
§ 1, Regulation 294.6.005, filed
					 12/30/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › WORKERS WITH A DISABILITY › Section 296-128-055 - Definition

Current through Register Vol. 24-14, July 15, 2024
"Worker with a disability" means an individual whose earning
				  capacity is impaired by age or physical or mental deficiency or injury for the
				  work he or she is to perform.
§ 2, Regulation 294.6.005, filed
					 12/30/60.