reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › MINIMUM WAGE ACT PROTECTIONS AND ENFORCEMENT › Section 296-128-840 - Complaints alleging a violation of other rights under chapter 49.46 RCW - Administrative appeals

Current through Register Vol. 24-14, July 15, 2024
(1) A person,
				firm, or corporation aggrieved by a citation assessing a civil penalty issued
				by the department under WAC 296-128-830 may appeal the citation assessing a
				civil penalty to the director by filing a notice of appeal with the director
				within thirty days of the department's issuance of the citation assessing a
				civil penalty. A citation assessing a civil penalty not appealed within thirty
				days is final and binding, and not subject to further appeal.
(2) A notice of appeal filed with the
				director under this section will stay the effectiveness of the citation
				assessing a civil penalty pending final review of the appeal by the director as
				provided for in chapter 34.05 RCW.
(3) Upon receipt of a notice of appeal, the
				director will assign the hearing to an administrative law judge of the office
				of administrative hearings to conduct the hearing and issue an initial order.
				The hearing and review procedures will be conducted in accordance with chapter
				34.05 RCW, and the standard of review by the administrative law judge of an
				appealed citation assessing a civil penalty will be de novo. Any party who
				seeks to challenge an initial order shall file a petition for administrative
				review with the director within thirty days after service of the initial order.
				The director will conduct administrative review in accordance with chapter
				34.05 RCW.
(4) The director will
				issue all final orders after appeal of the initial order. The final order of
				the director is subject to judicial review in accordance with chapter 34.05
				RCW.
(5) Orders that are not
				appealed within the period specified in this section and chapter 34.05 RCW are
				final and binding, and not subject to further appeal.
(6) An employer who fails to allow adequate
				inspection of records in an investigation by the department under WAC
				296-128-830 through 296-128-850 within a reasonable time period may not use
				such records in any appeal under such rules to challenge the correctness of any
				determination by the department of penalties assessed.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › MINIMUM WAGE ACT PROTECTIONS AND ENFORCEMENT › Section 296-128-850 - Complaints alleging a violation of other rights under chapter 49.46 RCW - Collection procedures

Current through Register Vol. 24-14, July 15, 2024
Collections of unpaid citations assessing civil penalties
				  will be handled pursuant to the procedures outlined in
				  RCW
				  49.48.086.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › MINIMUM WAGE ACT PROTECTIONS AND ENFORCEMENT › Section 296-128-860 - Severability clause

Current through Register Vol. 24-14, July 15, 2024
If any provision of the rules in this chapter, or their
				  application to any person or circumstance is held invalid, the remainder of
				  these rules or their application of the provision to other persons or
				  circumstances is not affected.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Absence" means
				any period of time in which the driver is unable to perform passenger platform
				time on the transportation network company's driver platform due to an
				authorized purpose defined in
				RCW
				49.46.210.
(2) An "accessible system" is:
(a) A platform through which the driver
				accesses, receives, and sends notices and communications with the
				transportation network company in compliance with chapter 49.46 RCW;
(b) A platform through which the
				transportation network company accesses, receives, sends, and stores notices
				and communications with a driver in compliance with chapter 49.46
				RCW;
(c) Available in a driver's
				preferred language and English;
(d)
				Provided in plain language;
(e)
				Available to the driver via smartphone application and online web portal;
				and
(f) Available from any location
				and must not be inaccessible due to geo-fencing.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99020 - Fees collected and remitted for the driver resource center fund

Current through Register Vol. 24-14, July 15, 2024
Transportation network companies must collect and remit per
				  trip fee amounts from passenger fares to the driver resource center fund as
				  follows:
(1) Beginning July 1, 2024,
				the per trip fee amount is $0.15.
(2) Beginning January 1, 2025, and every
				January 1st thereafter, the per trip fee amount is as adjusted and published by
				the department in accordance with
				RCW
				49.46.300(12)(b).
(3) Each transportation network company shall
				submit to the fund, with its remittance under
				RCW
				49.46.300(12), a report
				detailing the number of trips in the previous quarter and the total amount of
				the surcharge charged to customers. The first payment and accounting is due on
				the 30th day of the quarter following the collection of the surcharge. The
				department may request records from a transportation network company in order
				to confirm accuracy of remittance payments and reports submitted to the
				department.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99030 - Driver electronic receipts and weekly trip notices

Current through Register Vol. 24-14, July 15, 2024
(1)
Electronic receipts.
Within
				24 hours of each dispatched trip, a transportation network company must
				transmit to the driver an electronic receipt, available in a communication
				system, for each unique trip or portion of a unique trip. For the purposes of
				an electronic receipt, a transportation network company may either provide a
				downloadable comma-separated values file or searchable PDF format containing a
				table with rows for each unique trip or portion of the trip and columns for
				each itemized element contained in the trip receipt. Electronic receipts must
				be available to the driver for at least two years following the date the
				transportation network company provided the receipt to the driver. The
				electronic receipt must itemize the following information for each unique trip,
				or portion of a unique trip:
(a) The total
				amount of passenger platform time;
(b) The total mileage driven during passenger
				platform time;
(c) The applicable
				rate(s) of pay including, but not limited to, the rate(s) per minute, rate(s)
				per mile, percentage of passenger fare, and any applicable price multiplier(s)
				or variable pricing policy in effect including variable rates based on
				geographic location;
(d) Any tip
				compensation paid by the passenger within 24 hours of the dispatched
				trip;
(e) Gross payment;
(f) Net payment after deductions, fees,
				tolls, surcharges, lease fees, or other charges;
(g) Itemized deductions or fees, including
				any tolls, surcharges, commissions, lease fees, and other charges;
(h) The applicable date and time frame for
				each trip and each portion of a trip; and
(i) The passenger pick-up and passenger
				drop-off locations for each trip and each portion of a trip as described by the
				street, city, and state in which the passenger pick-up and passenger drop-off
				occurred; however, if the passenger is an unaccompanied minor, only the city
				and state need be disclosed.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99040 - Payment requirements

Current through Register Vol. 24-14, July 15, 2024
(1) A
				transportation network company must establish regularly scheduled payment
				intervals for compensation, tips and gratuities, reimbursements, or any other
				amounts due to a driver. The scheduled interval must occur at least bi-weekly.
				Nothing in this provision prevents a transportation company from establishing a
				more frequent interval or paying in advance of a scheduled payday, such as an
				instant payment.
(2) A
				transportation network company must pay the driver amounts owed no later than
				10 calendar days after the end of the pay period.
(3) Transportation network companies may pay
				drivers by direct deposit or other electronic means on the established payday.
				If a transportation network makes a payment by mail, any mailed payment must be
				postmarked no later than the established payday. If the established payday
				falls on a weekend day or holiday when the business office is not open, mailed
				paychecks must be postmarked no later than the next business day.
(4) If any applicable federal, state, or
				local law or ordinance in a locality outside of Washington provides specific
				payment interval requirements that are more favorable to a driver than the
				payment interval requirements provided under this rule, that law shall
				apply.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99050 - Geographic application of RCW 4946300 minimum compensation requirements

Current through Register Vol. 24-14, July 15, 2024
(1) A
				transportation network company must pay drivers in accordance with
				RCW
				49.46.300(4) as follows:
(a) For a dispatched trip with a passenger
				pick-up location in Washington all minimum compensation requirements under
				RCW
				49.46.300(4) apply for the
				entirety of the trip, regardless of the passenger drop-off location;
				and
(b) For a dispatched trip with
				a passenger pick-up location outside of Washington all minimum compensation
				requirements under
				RCW
				49.46.300(4) apply for the
				portion of a trip that occurs within Washington.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99060 - Tips and gratuities

Current through Register Vol. 24-14, July 15, 2024
(1) A
				transportation network company shall remit to drivers all tips, except as
				provided in WAC
				296-128-99080. Tips paid to a
				driver are in addition to, and may not count towards, the driver's minimum
				compensation under
				RCW
				49.46.300(4)  or associated
				rules.
(2) All tips must be paid in
				regular intervals in accordance with WAC
				296-128-99040, upon payment from
				the passenger.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99070 - Driver reimbursements

Current through Register Vol. 24-14, July 15, 2024
(1) "Driver
				reimbursement" is an amount charged to a passenger and remitted to the driver
				for tolls, fees, or any other charges or surcharges.
(2) A transportation network company must pay
				driver reimbursements in an amount at least equal to the amount charged to the
				passenger for tolls, fees, or any other charges or surcharges.
(3) Amounts charged to a passenger and
				remitted to the driver for tolls, fees, or any other charges or surcharges must
				be paid in accordance with WAC
				296-128-99040.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99080 - Deductions from driver compensation

Current through Register Vol. 24-14, July 15, 2024
(1)
Mandatory
				deductions.
A transportation network company may deduct any portion of a
				driver's compensation, without a driver's prior written authorization, for the
				following reasons:
(a) If the deduction is
				required by state or federal law; or
(b) To satisfy a court order, judgment, wage
				attachment, trustee process, bankruptcy proceeding, or payroll deduction notice
				for child support payments.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99090 - Voluntary per trip earnings deduction contributions and reimbursements-Driver resource center

Current through Register Vol. 24-14, July 15, 2024
(1) Beginning no
				later than June 9, 2023, each transportation network company must provide an
				opportunity for drivers to make voluntary per trip earnings deduction
				contributions to the driver resource center, if the transportation network
				company has 100 or more drivers authorize such a deduction.
(2) The driver resource center will
				administer driver authorizations and revocations of the voluntary per trip
				earnings deduction contributions subject to the following:
(a) Each driver must expressly authorize the
				deduction in writing;
(b) Each
				deduction authorization must include sufficient information to identify the
				driver and driver's per trip deduction amount;
(c) Such a deduction may reduce the driver's
				per trip earnings below the minimum compensation requirements set forth in
				RCW
				49.46.300(13)(a) and all
				associated rules; and
(d) A
				driver's authorization will remain in effect until the driver or driver
				resource center provides the driver's express revocation to the transportation
				network company.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99100 - Deactivations

Current through Register Vol. 24-14, July 15, 2024
(1) A
				transportation network company must enter into an agreement with the driver
				resource center regarding the driver account deactivation appeals process for
				eligible account deactivations, including an expeditious process for
				determining whether an account deactivation is an eligible account
				deactivation. Any agreement must be approved by the department. The department
				may approve an agreement only if the agreement is consistent with
				RCW
				49.46.300(15)(a)(iv) and
				associated rules, as set forth under
				RCW
				49.46.300(15)(c).
(2) Upon a driver's account deactivation, the
				transportation network company must provide notification via email and an
				accessible system to the driver that includes:
(a) Notification that the driver may have the
				right to appeal the account deactivation and receive representation by the
				driver resource center in an appeal;
(b) Contact information for the driver
				resource center, as specified by the driver resource center;
(c) A written statement describing the reason
				for deactivation and the internal policy violated;
(d) The effective start date of
				deactivation;
(e) The anticipated
				end date of deactivation or confirmation that the deactivation is
				permanent;
(f) Any action necessary
				for the driver to remedy the deactivation; and
(g) Notification of the driver's right to use
				earned accrued paid sick time during a deactivation period.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99110 - Notice of rights

Current through Register Vol. 24-14, July 15, 2024
(1)
Notice of
				rights requirements.
A transportation network company must provide each
				driver with a written notice of rights as established by
				RCW
				49.46.300(7)  and associated
				rules. The notice must inform drivers of:
(a)
				The right to the applicable per minute rate, per mile rate, or per trip rate
				guaranteed by
				RCW
				49.46.300 or associated rules;
(b) The right to be protected from
				retaliation for exercising in good faith the rights protected by
				RCW
				49.46.300 or associated rules; and
(c) The right to seek legal action or file a
				complaint with the department for violation of the requirements of
				RCW
				49.46.300 or associated rules, including a
				transportation network company's failure to pay the minimum per minute rate,
				per mile rate, or per trip rate, or a transportation network company's
				retaliation against a driver or other person for engaging in an activity
				protected by
				RCW
				49.46.300 or associated rules.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99120 - Retaliation

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful
				for a transportation network company to interfere with, restrain, or deny the
				exercise of any driver right provided under or in connection with chapter 49.46
				RCW or associated rules. This means a transportation network company may not
				use a driver's exercise of any of their rights provided under chapter 49.46 RCW
				or associated rules as a negative factor in any account deactivation,
				restriction in account access, or other adverse action, or otherwise subject a
				driver to an adverse action for the exercise of any rights provided under
				chapter 49.46 RCW or associated rules.
(2) It is unlawful for a transportation
				network company to adopt or enforce any policy that counts the use of paid sick
				time for a purpose authorized under
				RCW
				49.46.210(1)(b), (c), or
				(5)(h) as an absence that may lead to or
				result in any account deactivation or other adverse action.
(3) It is unlawful for a transportation
				network company to deactivate, restrict account access, or take any adverse
				action against a driver because the driver has exercised their rights provided
				under chapter 49.46 RCW or associated rules. Such rights include, but are not
				limited to: Filing an action, filing a complaint with the department or driver
				resource center, or otherwise instituting or causing to be instituted any
				proceeding under or related to chapter 49.46 RCW or associated rules;
				exercising their right to paid sick time, compensation, tips and gratuities,
				reimbursements or other amounts due to a driver; utilizing the driver resource
				center; or testifying or offering or intending to testify in any such
				proceeding related to any driver rights provided under chapter 49.46 RCW or
				associated rules.
(4) Adverse
				action means any action taken or threatened by a transportation network company
				against a driver for the driver's exercise of chapter 49.46 RCW or associated
				rule rights, which actions may include, but is not limited to:
(a) Denying use of or delaying payment for
				paid sick time, compensation, all tips and gratuities, reimbursements, or any
				other amounts due to a driver;
(b)
				Deactivating an account as defined by
				RCW
				49.46.300(1)(a) and
				associated rules;
(c) Restricting
				any account access;
(d) Altering
				any of the driver's rates of pay;
(e) Preventing a driver's alternate
				compensation rate tier opportunities;
(f) Threatening to take, or taking, action
				based upon the immigration status of a driver or a driver's family
				member;
(g) Preventing a driver
				from working in any other lawful occupation or business; or
(h) Altering a driver's rating.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99130 - Paid sick time accrual

Current through Register Vol. 24-14, July 15, 2024
(1) Drivers accrue
				earned paid sick time for all passenger platform time worked. A driver must
				accrue at least one hour of paid sick time for every 40 hours of passenger
				platform time worked. Transportation network companies may provide drivers with
				a more generous paid sick time accrual rate.
(2) Drivers who provide network services on a
				driver platform shall accrue paid sick time for all passenger platform hours
				performed on or after January 1, 2023.
(3) Transportation network companies are not
				required to allow drivers to accrue paid sick time for any time not considered
				passenger platform time. Transportation network companies are not required but
				may choose to allow drivers to accrue paid sick time for time not considered
				passenger platform time.
(4)
				Transportation network companies must allow drivers to carry over at least 40
				hours of accrued, unused paid sick time to the following calendar year.
				However, a transportation network company may allow for more than 40 hours of
				accrued, unused paid sick time to carry over to the following calendar year. If
				a driver carries over unused paid sick time to the following calendar year,
				accrual of paid sick time in the subsequent year would be in addition to the
				hours accrued in the previous calendar year and carried over.
(5) Transportation network companies may cap
				carryover of accrued, unused paid sick time to the following calendar year at
				40 hours. Transportation network companies may allow for a more generous
				carryover of accrued, unused paid sick time to the following calendar
				year.
(6) If a driver does not
				record any passenger platform time on a transportation network company's driver
				platform for 365 consecutive calendar days, the transportation company may
				choose to allow any earned paid sick time to expire. A transportation network
				company must make available for use any unused earned paid sick time to a
				driver with less than a consecutive 365-day gap between recording passenger
				platform time for the transportation network company.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99140 - Paid sick time usage

Current through Register Vol. 24-14, July 15, 2024
(1) A driver is
				entitled to use earned paid sick time for the following purposes authorized in
				RCW
				49.46.210(5):
(a) An absence resulting from the driver's
				mental or physical illness, injury, or health condition; to accommodate the
				driver's need for medical diagnosis, care, or treatment of a mental or physical
				illness, injury, or health condition; or a driver's need for preventive medical
				care;
(b) To allow the driver to
				provide care for an authorized family member under
				RCW
				49.46.210 with a mental or physical illness,
				injury, or health condition; care of a family member who needs medical
				diagnosis, care, or treatment of a mental or physical illness, injury, or
				health condition; or care for a family member who needs preventive medical
				care;
(c) When the driver's child's
				school or place of care has been closed by order of a public official for any
				health-related reason;
(d) For
				absences for which an employee would be entitled to leave under
				RCW
				49.76.030;
(e) During an account deactivation or other
				status that prevents the driver from performing network services on the
				transportation network company's platform, unless the deactivation or status is
				due to a verified allegation of sexual assault or physical assault perpetrated
				by the driver; and
(f) A
				transportation company may provide more generous paid sick time policies or
				permit use of paid sick time for additional purposes or family
				members.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99150 - Paid sick time rate of pay

Current through Register Vol. 24-14, July 15, 2024
(1) A
				transportation network company must pay drivers their average hourly
				compensation for each hour of paid sick time used, as established by
				RCW
				49.46.210.
(2) "Average hourly compensation" means a
				driver's compensation during passenger platform time for, or facilitated by,
				the transportation network company during the 365 days immediately prior to the
				day that paid sick time is used, divided by the total hours of passenger
				platform time worked by the driver on that transportation network company's
				driver platform during that period. A transportation network company may also
				calculate the "average hourly compensation" by adopting a consistent practice
				of dividing the last 12 full calendar months immediately prior to the day that
				paid sick time is used by the total hours of passenger platform time worked by
				the driver on that transportation network company's driver platform during that
				period. "Average hourly compensation" includes bonus and incentive pay.
				"Average hourly compensation" does not include tips or
				reimbursements.
(3) Nothing in this
				section prevents a transportation network company from providing a more
				generous rate of average hourly compensation.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99160 - Reasonable notice

Current through Register Vol. 24-14, July 15, 2024
(1) A
				transportation network company may not require advanced notice of paid sick
				time use from a driver for an authorized purpose under
				RCW
				49.46.210.
(2) A transportation network company's
				request or requirement for advanced notice of paid sick time from a driver is
				considered an interference with a driver's lawful use of paid sick time and is
				subject to enforcement procedures under chapter 49.46 RCW and associated
				rules.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99170 - Paid time off (PTO) programs

Current through Register Vol. 24-14, July 15, 2024
(1) Paid time off
				(PTO) provided to drivers by a transportation network company's PTO program
				(i.e., a program that combines leave for multiple purposes into one pool),
				created by a written policy or agreement with a third-party administrator,
				satisfies the requirement to provide paid sick time if the PTO program meets or
				exceeds the provisions of
				RCW
				49.46.210 and all applicable rules,
				including:
(a) Accrual of PTO leave at a rate
				of not less than one hour for every 40 hours of passenger platform time worked
				as a driver;
(b) Payment for PTO
				leave at a rate of no less than the driver's average hourly
				compensation;
(c) Carryover of at
				least 40 hours of unused earned PTO leave to the next calendar year;
(d) Access to use PTO leave for all the
				purposes authorized under
				RCW
				49.46.210(5)(h);
				and
(e) Transportation network
				company notification and recordkeeping requirements set forth in
				RCW
				49.46.210 and all applicable rules.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99180 - Verification for paid sick time usage

Current through Register Vol. 24-14, July 15, 2024
(1) A
				transportation network company must not request or require verification of a
				driver's authorized use except as permitted under
				RCW
				49.46.210.
(2) For a driver's use of paid sick time for
				an absence exceeding three calendar days, a transportation network company may
				require verification that a driver's use of paid sick time is for an authorized
				purpose under
				RCW
				49.46.210(5), except during
				an account deactivation as provided in subsection (3) of this section.
				"Exceeding three calendar days" means a driver spends more than three
				consecutive calendar days using earned paid sick time without recording
				passenger platform time on the transportation network company's driver
				platform.
(3) A transportation
				network company must not request verification if the paid sick time usage
				occurs during a deactivation period that prevents the driver from providing
				network services to the transportation network company.
(4) Before a transportation network company
				requires verification for the use of paid sick time under
				RCW
				49.46.210, the transportation network company
				must:
(a) Provide a written policy or
				agreement with a third-party administrator in advance to the driver via an
				accessible system, outlining any such requirements; and
(b) Notify the driver of such policy or
				agreement with a third-party administrator, including the driver's right to
				assert that the verification requirement results in an unreasonable burden or
				expense on the driver, prior to the driver requesting the paid sick
				time.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99190 - Frontloading

Current through Register Vol. 24-14, July 15, 2024
(1) A
				transportation network company may, but is not required to, frontload paid sick
				time to a driver in advance of accrual.
(2) If a transportation network company
				frontloads paid sick time, the transportation network company must ensure that
				such front loaded paid sick time complies with the provisions of
				RCW
				49.46.210 and all applicable rules.
(3) If a transportation network company
				frontloads paid sick time, the transportation network company must do so by
				using a reasonable calculation, consistent with the accrual requirement set
				forth under
				RCW
				49.46.210(5), to determine
				the amount of paid sick time the driver would be projected to accrue during the
				period of time for which paid sick time is being frontloaded.
(a) If the transportation network company
				calculates and front-loads, and a driver subsequently uses, an amount of paid
				sick time which exceeds the paid sick time the driver would have otherwise
				accrued absent frontloading, the transportation network company must not seek
				reimbursement from the driver for such paid sick time.
(b) If a transportation network company
				frontloads paid sick time to a driver, but such frontloaded paid sick time is
				less than the amount the driver was entitled to accrue under
				RCW
				49.46.210(5), the
				transportation network company must make such additional amounts of earned paid
				sick time available for use by the driver as soon as practicable, but no later
				than 30 calendar days after identifying the discrepancy.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99200 - Third-party administrators

Current through Register Vol. 24-14, July 15, 2024
(1) Transportation
				network companies may contract with a third-party administrator in order to
				administer the earned paid sick time requirements under
				RCW
				49.46.210 and applicable rules. A
				transportation network company may contract with the driver resource center to
				act as a third-party administrator.
(2) With the consent of transportation
				network companies, third-party administrators may pool a driver's earned paid
				sick time from multiple transportation network companies as long as the accrual
				rate is at least equal to one hour of earned paid sick time for every 40 hours
				of passenger platform time worked. For example, if a group of transportation
				network companies has drivers who perform work for various transportation
				network companies at different times, the transportation network companies may
				choose to contract with a third-party administrator to track the hours worked
				and rate of accrual for earned paid sick time for each driver, and pool such
				earned paid sick time for use by the driver when the driver is working for any
				transportation network companies in the same third-party administrator
				network.
(3) A transportation
				network company must have a written policy or third-party administrator
				agreement that outlines the provisions for a transportation network company to
				use a third-party administrator. Such written policies must meet all of the
				paid sick time requirements under
				RCW
				49.46.210 and all applicable rules, inform
				drivers of any other transportation network companies within the same
				third-party administrator network, and be made available via an accessible
				system.
(4) Transportation network
				companies are not relieved of their obligations under
				RCW
				49.46.210, and all applicable rules, if they
				elect to contract with a third-party administrator to administer earned paid
				sick time requirements.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99210 - Paid sick time notifications

Current through Register Vol. 24-14, July 15, 2024
(1) Transportation
				network companies must notify each driver of the driver's entitlement to paid
				sick time, the rate at which the driver will accrue paid sick time, the
				authorized purposes for which paid sick time may be used, and that retaliation
				by the transportation network company for the driver's lawful use of paid sick
				time and other rights provided under chapter 49.46 RCW, and all applicable
				rules, is prohibited.
(2)
				Transportation network companies must provide such a notification via an
				accessible system. For drivers hired on or after January 1, 2023,
				transportation network companies must notify each driver of such rights no
				later than the commencement of the driver performing passenger platform time.
				For existing drivers, the transportation network company must notify each
				driver no later than January 1, 2023.
(3) No less than monthly, transportation
				network companies must provide each driver with notification via a
				communication system detailing:
(a) The amount
				of paid sick time accrued since the last notification;
(b) The amount of paid sick time reductions
				since the last notification;
(c)
				The amount of unused earned paid sick time available for use;
(d) The average hourly compensation rate
				applied to any paid sick time used since the last notification and the
				calculation used to identify such rate; and
(e) The driver's expected average hourly rate
				of compensation for paid sick time use during the month following the
				statement, and the calculation used to identify such rate.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99220 - Shared paid sick time

Current through Register Vol. 24-14, July 15, 2024
(1) A
				transportation network company may, but is not required to, establish a shared
				paid sick time program in which a driver may choose to donate paid sick time to
				another driver.
(2) If a
				transportation network company establishes a shared paid sick time program, the
				company must have a written policy or third-party administrator agreement which
				specifies that a driver may donate accrued earned paid sick time to another
				driver for purposes authorized under
				RCW
				49.46.210(5).
(3) The transportation network company must
				notify drivers of such policy or third-party administrator agreement via an
				accessible system prior to allowing a driver to donate or use shared paid sick
				time.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TRANSPORTATION NETWORK COMPANIES › Section 296-128-99230 - Driver use of paid sick time for unauthorized purposes

Current through Register Vol. 24-14, July 15, 2024
(1) If a
				transportation network company can demonstrate that a driver's use of paid sick
				time was for a purpose not authorized under
				RCW
				49.46.210(5), the
				transportation network company may withhold payment of paid sick time for such
				hours, but may not subsequently deduct those hours from a driver's legitimately
				unused accrued earned paid sick time hours.
(2) If a transportation network company
				withholds payment for the use of paid sick time for purposes not authorized
				under RCW
				49.46.210(5), the
				transportation network company must provide notification that includes a
				description of the reason the purpose was considered unauthorized via an
				accessible system to the driver. If the driver maintains that the use of paid
				sick time was for an authorized purpose, the driver may file a complaint with
				the department.
(3) If a driver
				accepts an offer of prearranged services for compensation from a transportation
				network company during the period of time for which the driver requested earned
				paid sick time, a transportation network company may determine that the driver
				did not use earned paid sick time for an authorized purpose.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TNC-ENFORCEMENT STANDARDS › Section 296-128-99240 - Enforcement-Complaints by driver-Additional investigations by department for amounts owed to drivers

Current through Register Vol. 24-14, July 15, 2024
(1) If a driver
				files a complaint with the department alleging a transportation network company
				violated any compensation-related requirements of
				RCW
				49.46.300, or any associated rules, the
				department will investigate the complaint under the provisions of
				RCW
				49.46.320. "Compensation-related
				requirements" include compensation, improper deductions, or any other amounts
				owed to the driver.
(2) During an
				investigation, if the department discovers information suggesting additional
				violations of any compensation-related requirements of
				RCW
				49.46.300, or any associated rules, the
				department may investigate and take appropriate enforcement action without any
				additional complaint. The department may also initiate an investigation on
				behalf of one or more drivers for a violation of any compensation-related
				requirements of
				RCW
				49.46.300, or any associated rules, when the
				director otherwise has reason to believe that a violation has occurred or will
				occur.
(3) The department may
				conduct a consolidated investigation for any alleged compensation-related
				violations identified under
				RCW
				49.46.300, or associated rules, when there
				are common questions of law or fact involving drivers who provide passenger
				platform services for the same transportation network company. If the
				department consolidates such matters into a single investigation, it will
				provide notice to the transportation network company.
(4) The department may, for the purposes of
				enforcing RCW 49.46.300 or any associated
				rules, issue subpoenas to compel the attendance of witnesses or parties and the
				production of documents, administer oaths and examine witnesses under oath,
				take depositions, and seek affidavits or other verifications. The department
				may request a transportation network company perform a self-audit of any
				records. The results or conclusions of the self-audit must be provided to the
				department within a reasonable time. Reasonable timelines will be specified in
				the self-audit request. The records examined by the transportation network
				company in order to perform the self-audit must be made available to the
				department upon request.
(5) Upon
				the department's request, a transportation network company must notify drivers
				via an accessible system that the department is conducting an investigation.
				The department may require the transportation network company to include a
				general description of each investigation as part of the notification,
				including the allegations and whether the notified driver may be affected. The
				department may consult with the transportation network company to provide the
				information for the description.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TNC-ENFORCEMENT STANDARDS › Section 296-128-99250 - Enforcement-Remittances

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receiving
				information suggesting that a transportation network company may have violated
				the remittance provisions of
				RCW
				49.46.330, the department will investigate
				the applicable provisions of that section.
(2) If the department determines that a
				transportation network company has violated the remittance provisions of
				RCW
				49.46.330 and issues a citation and notice of
				assessment, the department may order the transportation network company to pay
				all owed remittance payments as required under
				RCW
				49.46.330. The department shall deposit all
				owed remittance payments into the driver resource center fund.
(3) Failure to accurately remit all
				applicable per trip fees is deemed a delinquency subject to the penalties and
				interest provided in
				RCW
				49.46.330 and associated rules.
(4) Failure to remit payments by the
				deadlines is deemed a delinquency subject to the penalties and interest
				provided in
				RCW
				49.46.330 and associated rules.
(5) The department may, for the purposes of
				enforcing RCW 49.46.330 or the associated
				rules, issue subpoenas to compel the attendance of witnesses or parties and the
				production of documents, administer oaths and examine witnesses under oath,
				take depositions, and seek affidavits or other verifications. The department
				may request a transportation network company perform a self-audit of any
				records. The results or conclusions of the self-audit must be provided to the
				department within a reasonable time. Reasonable timelines will be specified in
				the self-audit request. The records examined by the transportation network
				company in order to perform the self-audit must be made available to the
				department upon request.
(6) All
				remittance fees under
				RCW
				49.46.330 for a calendar quarter are due the
				day immediately following the last day of the month following the calendar
				quarter. Any remittance fees not paid the day they are due are
				delinquent.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TNC-ENFORCEMENT STANDARDS › Section 296-128-99260 - Enforcement-Complaint by driver-Paid sick time

Current through Register Vol. 24-14, July 15, 2024
(1) If a driver
				files a complaint with the department alleging that the transportation network
				company failed to provide the driver with earned paid sick time as provided in
				RCW
				49.46.210, or any associated rules, the
				department will investigate the complaint as an alleged violation of a
				compensation-related requirement of
				RCW
				49.46.300.
(2) If the department's investigation results
				in a finding that the transportation network company failed to provide the
				driver with earned paid sick time accrual, use, or carryover as required by
				RCW
				49.46.210, the driver may elect to:
(a) Receive full access to the balance of
				accrued earned paid sick time hours withheld by the transportation network
				company, based on a calculation of at least one hour of earned paid sick time
				for every 40 hours of passenger platform time worked during the period of
				noncompliance; or
(b) Receive
				payment from the transportation network company at the driver's average hourly
				compensation for each hour of earned paid sick time that the driver would have
				used or have been reasonably expected to use, whichever is greater, during the
				period of noncompli-ance, not to exceed an amount the driver would have
				otherwise accrued. The driver will receive full access to the balance of
				accrued paid sick time hours unlawfully withheld by the transportation network
				company, less the number of paid sick time paid out to the driver pursuant to
				this subsection.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TNC-ENFORCEMENT STANDARDS › Section 296-128-99270 - Enforcement-Retaliation investigations

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				will investigate any allegations that a transportation network company violated
				any of the protections of
				RCW
				49.46.340, or any associated rules, pursuant
				to the enforcement procedures outlined in
				RCW
				49.46.340.
(2) During an investigation, if the
				department discovers information suggesting additional violations of any of the
				protections of
				RCW
				49.46.340 or any associated rules, the
				department may investigate and take appropriate enforcement action without any
				additional complaint. The department may also initiate an investigation on
				behalf of one or more drivers for a violation of
				RCW
				49.46.340, or associated rules, when the
				director otherwise has reason to believe that a violation has occurred or will
				occur.
(3) The department may
				conduct a consolidated investigation for any alleged violations identified
				under RCW
				49.46.210,
				49.46.300, and
				49.46.340, or associated rules,
				when there are common questions of law or fact involving drivers who provide
				passenger platform services for the same transportation network company. If the
				department consolidates such matters into a single investigation, it will
				provide notice to the transportation network company.
(4) The department may, for the purposes of
				enforcing RCW 49.46.340 or any associated
				rules, issue subpoenas to compel the attendance of witnesses or parties and the
				production of documents, administer oaths and examine witnesses under oath,
				take depositions, and seek affidavits or other verifications.
(5) Upon the department's request, a
				transportation network company must notify drivers via an accessible system
				that the department is conducting an investigation. The department may require
				the transportation network company to include a general description of each
				investigation as part of the notification, including the allegations and
				whether the notified driver may be affected. The department may consult with
				the transportation network company to provide the information for the
				description.