reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › WORKERS WITH A DISABILITY › Section 296-128-060 - Application for certificate

Current through Register Vol. 24-14, July 15, 2024
(1) 
				Application for a certificate authorizing the employment of workers with a
				disability shall be made upon forms made available by the director or
				authorized representatives.
(2) 
				The application shall set forth, among other things, the nature of the
				disability, a description of the occupation at which the worker with a
				disability is to be employed, and the wage the employer proposes to pay the
				worker with a disability per hour. The nature of the disability must be set out
				in detail.
(3)  The application
				shall be signed jointly by the employer and the worker with a disability for
				whom such application is being made, except as otherwise authorized by the
				director or an authorized representative.
§ 3, 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 296-128-065 - Conditions for granting a certificate

Current through Register Vol. 24-14, July 15, 2024
(1) If the application is in proper form and
				sets forth facts showing:
(a) A subminimum
				wage is necessary to prevent curtailment of the worker with a disability's
				opportunities for employment;
(b) 
				The disability impairs the earning capacity of the worker for the work he or
				she is to perform, a certificate may be issued.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › WORKERS WITH A DISABILITY › Section 296-128-070 - Issuance of certificate

Current through Register Vol. 24-14, July 15, 2024
If the application and other available information indicate
				  that the requirements of this regulation are satisfied, the director or an
				  authorized representative shall issue a certificate. Otherwise the director or
				  an authorized representative shall deny a certificate. If issued, copies of the
				  certificate shall be mailed to the employer and the worker with a disability
				  and if denied, the employer and the worker with a disability shall be given
				  written notice of the denial.
§ 5, 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 296-128-075 - Terms of certificate

Current through Register Vol. 24-14, July 15, 2024
(1)  A
				certificate shall specify, among other things, the name of the worker with a
				disability, the name of the employer, the occupation in which the worker with a
				disability is to be employed, the authorized subminimum wage rate and the
				period of time during which such wage rate may be paid.
(2) A certificate shall be effective for a
				period to be designated by the director or an authorized representative and a
				worker with a disability employed under such certificate may be paid subminimum
				wages only during the effective period of the certificate.
(3) The wage rate set in the certificate
				shall be fixed at a figure designed to reflect adequately the worker with a
				disability's earning capacity. No wage rate shall be fixed at less than
				seventy-five percent of the applicable minimum wage under
				RCW
				49.46.020 unless, after investigation a lower
				rate appears to be clearly justified.
(4)
				 Any money received by a worker with a disability by reason of any
				state or federal pension or compensation program for workers with a disability
				shall not be considered as offsetting any part of the wage or remuneration due
				the worker by the employer.
(5) The
				worker with a disability or trainee shall be paid not less than one and
				one-half times the regular rate for hours worked in excess of forty in the
				workweek or eight in the workday.
(6) The terms of any certificate, including
				the subminimum wage rate specified therein, may be amended by the director or
				an authorized representative upon written notice to the parties concerned, if
				the facts justify such amendment.
§ 6, 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 296-128-080 - Renewal of certificate

Current through Register Vol. 24-14, July 15, 2024
Application for renewal of any certificate shall be filed in
				  the same manner as an original application. If such application has been filed
				  prior to the expiration date of the certificate, the certificate shall remain
				  in effect until the application for renewal has been granted or
				  denied.
§ 7, 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 296-128-085 - Review

Current through Register Vol. 24-14, July 15, 2024
Any person aggrieved by any action of the director or his
				  authorized representative taken pursuant to this regulation may, within fifteen
				  days after notice of such action has been mailed, file with the director a
				  petition for review of the action complained of, setting forth grounds for
				  seeking such review. If reasonable grounds exist, the director or his
				  authorized representative may grant such review and to the extent deemed
				  appropriate afford all interested persons an opportunity to be heard on such
				  review.
§ 8, 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 296-128-090 - Amendment of this regulation

Current through Register Vol. 24-14, July 15, 2024
Any person desiring revision of any of the terms of this
				  regulation may submit in writing to the director a petition setting forth the
				  changes desired and the reasons for proposing them. If the director believes
				  that reasonable cause for amendment of this regulation is set forth he will
				  schedule a hearing in accordance with
				  RCW
				  49.46.080.
§ 9, Regulation 294.6.005, filed
					 12/30/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF LEARNERS › Section 296-128-100 - Authority

Current through Register Vol. 24-14, July 15, 2024
This regulation is promulgated in accordance with
				  RCW
				  49.46.060.
§ 1, Regulation 294.6.003, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF LEARNERS › Section 296-128-105 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this regulation:
(1) A "learner" is a worker whose total
				experience in an authorized learner occupation is less than the period of time
				allowed as a learning period for that occupation in a learner certificate
				issued pursuant to these regulations.
(2) An "experienced worker" is a worker whose
				total experience in an authorized learner occupation is at least equal to the
				period of time allowed as a learning period for that occupation in a learner
				certificate issued pursuant to these regulations.
(3) "Experienced worker available for
				employment" means an experienced worker residing within the area from which the
				employer customarily draws its labor supply or within a reasonable commuting
				distance of such area, and who is willing and able to accept employment with
				the employer; or an experienced worker residing outside of the area from which
				the employer customarily draws its labor supply, who has in fact made himself
				available for employment.
§ 2, Regulation 294.6.003, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF LEARNERS › Section 296-128-110 - Application for learner certificate

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever the employment of learners at
				wages lower than the minimum wage applicable under
				RCW
				49.46.020 is believed necessary to prevent
				curtailment of opportunities for employment by a specified employer, an
				application for a certificate authorizing the employment of such learners at
				subminimum wage rates may be filed by the employer with the director of the
				department of labor and industries or his authorized representative.
(2) Application must be made on the official
				form provided by the department and furnish all information called for on said
				form.
(3) Separate application must
				be made with respect to each establishment or place of business operated by the
				applicant and in which he desires to employ learners at subminimum wage
				rates.
§ 3, Regulation 294.6.003, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF LEARNERS › Section 296-128-115 - Procedure for action upon an application

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receipt of an application for a
				learner certificate or renewal of such certificate the director or his
				authorized representative shall consider all relevant facts and, subject to the
				conditions specified in WAC
				296-128-120, shall issue or deny
				a learner certificate or, in appropriate circumstances, provide an opportunity
				to interested parties to present their views on the application prior to
				granting or denying a learner certificate.
(2) If a learner certificate is granted,
				notice of such fact and the terms of the certificate shall be posted at the
				employer's place of business for fifteen days after receipt thereof and any
				interested person may file with the director written requests for
				reconsideration or review. Such application should set forth the applicant's
				interest in the review and the reasons he seeks review.
(3) If a learner certificate is denied,
				notice of such denial shall be mailed to the employer and it shall be without
				prejudice to the subsequent filing of an application.
§ 4, Regulation 294.6.003, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF LEARNERS › Section 296-128-120 - Conditions governing issuance of learner certificates

Current through Register Vol. 24-14, July 15, 2024
The following conditions shall govern the issuance of a
				  special certificate authorizing the employment of learners at subminimum wage
				  rates:
(1) An adequate supply of
				qualified experienced workers is not available for employment; the experienced
				workers presently employed in occupations in which learners are requested, are
				afforded an opportunity for full time employment; learners are available for
				employment; and the granting of a certificate is necessary to prevent
				curtailment of employment opportunities.
(2) Reasonable efforts have been made to
				obtain experienced workers, including the placement of an order with the
				employment security office of the state of Washington.
(3) The issuance of a learner certificate
				will not tend to create unfair competitive labor cost advantages nor have the
				effect of impairing or depressing wage or working standards established for
				experienced workers for work of a like or comparable character in the
				industry.
(4) Abnormal labor
				conditions such as a strike, lock-out or other similar condition do not exist
				at the place of business for which a learner certificate is
				requested.
(5) There are no serious
				outstanding violations of the provisions of learner certificates previously
				issued to the employer, nor have there been any serious violations of the
				Washington Minimum Wage and Hour Act which provide reasonable grounds to
				believe that the terms of a certificate may not be complied with.
(6) The occupation or occupations in which
				learners are to receive training require a sufficient degree of skill to
				necessitate an appreciable training period.
(7) Learners shall be afforded every
				reasonable opportunity for continued employment upon completion of the learning
				period.
(8) Unless otherwise
				specified in the learner certificate, a learning program shall not exceed four
				hundred eighty hours of employment, and the total hours worked in any
				establishment by learners shall not exceed ten percent of the total hours
				normally worked by experienced workers in such establishment: Provided, That
				where less than ten experienced workers are employed by an employer, a learner
				certificate may authorized the employment of learners for a maximum of forty
				hours per week under a bona fide learner program.
§ 5, Regulation 294.6.003, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF LEARNERS › Section 296-128-125 - Terms and conditions of employment under learner certificates

Current through Register Vol. 24-14, July 15, 2024
(1) A learner
				certificate, if issued, shall specify, among other things:
(a) The number or proportion of learners
				authorized to be employed on any one day;
(b) The occupations in which learners may be
				employed;
(c) The subminimum wage
				rates permitted for each learner occupation during the authorized learning
				period; which shall not be less than eighty-five percent of the minimum wage
				specified in
				RCW
				49.46.020, as it may be amended, unless
				otherwise specified in the certificate;
(d) The learning period for each authorized
				learner occupation;
(e) The
				effective and expiration dates of the certificate.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF LEARNERS › Section 296-128-130 - Records to be kept by employers of learners

Current through Register Vol. 24-14, July 15, 2024
The director or his authorized representative may specify
				  additional records to be kept by employers of learners as a condition to
				  compliance with the learner certificate.
§ 7, Regulation 294.6.003, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF LEARNERS › Section 296-128-135 - Amendment and revocation of learner certificate

Current through Register Vol. 24-14, July 15, 2024
The director may amend or revoke a learner certificate when
				  it is necessary by reason of changes in these regulations, or where the
				  employer has violated its terms, or where the certificate was obtained by
				  misleading or false statements, or where changed conditions warrant it in the
				  opinion of the director.
§ 8, Regulation 294.6.003, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF LEARNERS › Section 296-128-140 - Supplemental regulations

Current through Register Vol. 24-14, July 15, 2024
(1)
				Upon application of any person or persons, representing any industry or branch
				thereof, or upon his own motion, the director, if he deems it advisable, may,
				after appropriate and timely notice to interested parties, cause a hearing to
				be held to determine the need for employment of learners at wages lower than
				the minimum wage applicable under
				RCW
				49.46.020 in order to prevent curtailment of
				employment opportunities in any industry or branch thereof; and if such need is
				found to exist, determine the occupations which require a learning period and
				the limitations as to wages, time, number, proportion, and length of learning
				period. Such hearing shall be held before the director or his duly authorized
				representative. Following such hearing the director may, by supplemental
				regulations, prescribe the conditions under which special certificates shall be
				issued for the employment of learners in such industry or branch thereof, if he
				finds that there is a need therefor to prevent curtailment of opportunities for
				employment.
(2) At such hearing the
				director may cause to be brought before him or his authorized representative
				any witness whose testimony he deems material to the subject matter before
				him.
§ 9, Regulation 294.6.003, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF LEARNERS › Section 296-128-145 - Reconsideration and review

Current through Register Vol. 24-14, July 15, 2024
(1) Any
				person aggrieved by the action of the director or his authorized representative
				denying or granting a learner certificate may within fifteen days after mailing
				of notice of such action file a written request for reconsideration with the
				director.
(2) A request for a
				reconsideration shall be accompanied by a statement of the additional evidence
				which the applicant believes may materially affect the decision.
(3) A request for review shall be granted
				where reasonable grounds are set forth in the request and if such review is
				granted all interested persons shall be afforded an opportunity to be
				heard.
§ 10, Regulation 294.6.003, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF LEARNERS › Section 296-128-150 - Procedure for amendment

Current through Register Vol. 24-14, July 15, 2024
The director may at any time upon his own motion or upon
				  written request of any interested persons setting forth reasonable grounds
				  therefor amend or revoke any of the terms of this regulation or of any
				  supplemental regulations promulgated in accordance with WAC
				  296-128-140 after hearing as
				  provided in
				  RCW
				  49.46.080.
§ 11, Regulation 294.6.003, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › STUDENT LEARNERS › Section 296-128-175 - Applicability of the regulation

Current through Register Vol. 24-14, July 15, 2024
This regulation is issued in accordance with
				  RCW
				  49.46.060, to provide for the employment
				  under special certificates of student learners at wages less than the minimum
				  provided in
				  RCW
				  49.46.020, in order to prevent curtailment of
				  opportunities for employment. Such certificates shall be subject to the terms
				  and conditions hereinafter set forth.
§ 1, Regulation 294.6.004, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › STUDENT LEARNERS › Section 296-128-180 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) A "student
				learner" is a student who is receiving instruction in an accredited school,
				college, or university, and who is employed on a part-time basis in a bona fide
				vocational training program, or in a job-training program established by an
				accredited school and approved by the director of the department of labor and
				industries.
(2) A "bona fide
				vocational training program" is one authorized and approved by the state board
				of vocational education and provides for part-time employment which may be
				scheduled for part of the workday or workweek, for alternating weeks or for
				other limited periods during the year, supplemented by and integrated with a
				definitely organized plan of instruction designed to teach technical knowledge
				or related industrial information given as a regular part of the student
				learner's course by an accredited school, college, or university.
§ 2, Regulation 294.6.004, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › STUDENT LEARNERS › Section 296-128-185 - Application for certificate

Current through Register Vol. 24-14, July 15, 2024
(1)
				Whenever the employment of a student learner at wages lower than the minimum
				wage applicable under
				RCW
				49.46.020 is believed necessary to prevent
				curtailment of opportunities for employment, an application for a special
				certificate authorizing the employment of such student learner at subminimum
				wages shall be filed by the employer with the director of the department of
				labor and industries or his authorized representative.
(2) Application shall be on forms furnished
				by the department of labor and industries and must be signed by the employer,
				an appropriate school official and the student learner. Such application shall,
				among other things, show: The nature of the training program; the total number
				of workers employed by the employer; the number and hourly wage rate of
				experienced workers employed in the occupation in which the student learner is
				to be trained; the hourly wage rate or progressive wage schedule which the
				employer proposes to pay the student learner; the age of the student learner;
				the period of employment training at subminimum wages; the number of hours of
				employment training a week; the number of hours of school instruction a
				week.
§ 3, Regulation 294.6.004, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › STUDENT LEARNERS › Section 296-128-190 - Procedure for action upon application

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receipt of application for the
				employment of a student learner the director or his authorized representative
				shall either issue a special certificate or deny the application. To the extent
				deemed necessary the director or his authorized representative may provide an
				opportunity to interested persons to to be heard on the application prior to
				granting or denying it.
(2) If a
				special certificate is issued it shall be mailed to the employer and a copy of
				it shall be mailed to the school official who signs the application.
§ 4, Regulation 294.6.004, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › STUDENT LEARNERS › Section 296-128-195 - Conditions governing issuance of special student learner certificate

Current through Register Vol. 24-14, July 15, 2024
The following conditions must be satisfied before a special
				  certificate may be issued authorizing employment of student learners at
				  subminimum wages:
(1) Any training
				program under which the student learner will be employed must be a bona fide
				vocational training program as defined in WAC
				296-128-180 or be a part of a
				job-training program established by the governing body of the school and
				approved by the director of the department of labor and industries.
(2) The employment of the student learner at
				subminimum wages must be necessary to prevent curtailment of opportunities for
				employment.
(3) The occupation for
				which the student learner is receiving preparatory training must require a
				sufficient degree of skill to necessitate a substantial learning
				period.
(4) The employment of a
				student learner must not have the effect of displacing a worker employed in the
				establishment in which the student learner is to be employed.
(5) The employment of the student learner at
				subminimum wages must not tend to impair or depress the wage rates or working
				standards established for experienced workers for work of a like or comparable
				nature.
(6) The issuance of such a
				certificate must not tend to prevent the development of apprenticeships or must
				not impair established apprenticeship standards in the occupation or industry
				involved.
§ 5, Regulation 294.6.004, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › STUDENT LEARNERS › Section 296-128-200 - Terms and conditions of special student learner certificate

Current through Register Vol. 24-14, July 15, 2024
(1) The special
				student learner certificate if issued shall specify among other things: (a) The
				name of the student learner; (b) the name and address of the employer; (c) the
				name of the school which provides the related school instruction; (d) the
				occupation in which the student is to be trained; (e) the maximum number of
				hours of employment training in any one week at a specified subminimum wage
				rate; (f) the number of hours per week in which the student is engaged in his
				school training program; (g) the effective and expiration dates of the
				certificate.
(2) The subminimum
				wage rate shall be not less than seventy-five percent of the minimum wage
				provided in
				RCW
				49.46.020.
(3) Unless otherwise authorized by the
				director or his authorized representative the number of hours of employment
				training each week at subminimum wages pursuant to certificate, when added to
				the hours of school instruction shall not exceed forty hours: Provided,
				however, That when school is not in session on any school day or school week,
				the student learner may work a number of hours in addition to the weekly number
				of hours of employment training authorized by the certificate, provided that
				the hours do not exceed eight in such day or forty in such week.
(4) Unless otherwise authorized by the
				director or his authorized representative the total number of hours worked by
				all student learners employed by an employer shall not exceed 10 percent of the
				total hours worked by all regular employees of said employer in the
				establishment in which such student learners are employed.
§ 6, Regulation 294.6.004, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › STUDENT LEARNERS › Section 296-128-205 - Term of special certificate

Current through Register Vol. 24-14, July 15, 2024
A special student learner certificate may be issued for a
				  period not to exceed the length of one school year unless the director finds
				  that a longer period is justified by extraordinary
				  circumstances.
§ 7, Regulation 294.6.004, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › STUDENT LEARNERS › Section 296-128-210 - Review

Current through Register Vol. 24-14, July 15, 2024
Any person aggrieved by the action of the director or his
				  authorized representative in denying or granting a special student learner
				  certificate may within fifteen days after the mailing of notice of such action
				  file a written request for review which will be granted where such request sets
				  forth reasonable grounds therefor. To the extent the director or his authorized
				  representative deems it necessary he shall afford all persons interested in
				  said review an opportunity to be heard.
§ 8, Regulation 294.6.004, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › STUDENT LEARNERS › Section 296-128-215 - Amendment of this regulation

Current through Register Vol. 24-14, July 15, 2024
Any person desiring revision of any of the terms of this
				  regulation may submit in writing to the director a petition setting forth the
				  changes desired and the reasons for proposing them. If the director believes
				  that reasonable cause for amendment of this regulation is set forth he will
				  schedule a hearing in accordance with
				  RCW
				  49.46.080.
§ 9, Regulation 294.6.004, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › APPRENTICES › Section 296-128-225 - Employment of apprentices at subminimum wages

Current through Register Vol. 24-14, July 15, 2024
The director or his authorized representative, to the extent
				  necessary to prevent curtailment of employment opportunities, shall issue
				  special certificates to employers or apprenticeship committees as defined in
				  RCW
				  49.04.040 authorizing the employment of
				  apprentices in skilled trades at wages lower than the minimum wage applicable
				  under RCW
				  49.46.020, subject to the limitations and
				  conditions set forth in this regulation.
§ 1, Regulation 294.6.002, filed
					 12/30/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › APPRENTICES › Section 296-128-230 - Definition of apprentice

Current through Register Vol. 24-14, July 15, 2024
The term "apprentice" shall mean a person at least 16 years
				  of age who is covered by a written agreement registered with the Washington
				  state apprenticeship council providing for not less than 4,000 hours of
				  reasonably continuous employment for such person, and for his participation in
				  an approved schedule of work experience through employment which should be
				  supplemented by 144 hours per year of related technical
				  instruction.
§ 2, Regulation 294.6.002, filed
					 12/30/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › APPRENTICES › Section 296-128-235 - Registration of apprenticeship agreement

Current through Register Vol. 24-14, July 15, 2024
Before an apprentice may be employed at subminimum wages, the
				  employer or apprenticeship committee shall have submitted an apprenticeship
				  agreement for registration with the director of apprenticeship or the
				  apprenticeship council of the department of labor and
				  industries.
§ 3, Regulation 294.6.002, filed
					 12/30/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › APPRENTICES › Section 296-128-240 - Procedure for issuing certificates authorizing employment of apprentices at subminimum wages

Current through Register Vol. 24-14, July 15, 2024
(1) Upon being
				informed by the director of apprenticeship that such apprenticeship agreement
				has been accepted for registration in accordance with
				RCW
				49.04.030, and that such agreement calls for
				employment of apprentices at subminimum wages, the director, or his authorized
				representative, may issue a special certificate in accordance with WAC
				296-128-225. Otherwise, he shall
				deny the special certificate.
(2)
				The special certificate, if issued, shall be mailed to the employer or
				apprenticeship committee and a copy shall be mailed to the apprentice. If the
				certificate is denied, the employer or apprenticeship committee will be so
				notified by mail.
(3) A special
				certificate will not be issued where there are serious outstanding violations
				involving an employer for whom a special certificate is being requested, or
				where there are any serious outstanding violations of a certificate previously
				issued, or where there have been any serious violations of the act which
				provide reasonable grounds to conclude that the terms of a certificate may not
				be complied with, if issued.
§ 4, Regulation 294.6.002, filed
					 12/30/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › APPRENTICES › Section 296-128-245 - Terms of special certificate

Current through Register Vol. 24-14, July 15, 2024
(1) Each special certificate shall specify
				the conditions and limitations under which it is granted, including the name of
				the apprentice, the skilled trade in which he is to be employed, the subminimum
				wage rates and the periods of time during which such wage rates may be
				paid.
(2) The terms of any special
				certificate, including the wages specified therein may be amended for
				cause.
§ 5, Regulation 294.6.002, filed
					 12/30/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › APPRENTICES › Section 296-128-250 - Hearing procedure

Current through Register Vol. 24-14, July 15, 2024
The director or his authorized representative may conduct an
				  investigation, which may include a hearing, prior to issuing or denying an
				  application for special certificate. To the extent he deems appropriate, the
				  director, or his authorized representative, may provide an opportunity for
				  other interested persons to be heard prior to granting or denying an apprentice
				  certificate.
§ 6, Regulation 294.6.002, filed
					 12/30/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF STUDENT WORKERS › Section 296-128-275 - Applicability

Current through Register Vol. 24-14, July 15, 2024
The regulations hereinafter set forth are issued pursuant to
				  RCW
				  49.46.060 to provide for the employment by
				  educational institutions under special certificates of student workers as
				  learners at wages lower than the minimum wage applicable under
				  RCW
				  49.46.020. Such certificates shall be subject
				  to the terms and conditions hereinafter set forth.
§ 1, Regulation 294.6.001, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF STUDENT WORKERS › Section 296-128-280 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in the regulations:
(1) A "student worker" is a student who is
				receiving instruction in a bona fide educational program in an educational
				institution and who is employed on a part-time basis by the educational
				institution from which the student is receiving his instruction, for the
				purpose of enabling the student to defray part of his school
				expenses.
(2) "Department" means
				department of labor and industries.
(3) "Director" means director of department
				of labor and industries.
(4)
				"Supervisor" means supervisor of wage and hour division of the department of
				labor and industries.
§ 2, Regulation 294.6.001, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF STUDENT WORKERS › Section 296-128-285 - Filing applications

Current through Register Vol. 24-14, July 15, 2024
Whenever the employment of student workers as learners at
				  wages lower than the minimum wage applicable under
				  RCW
				  49.46.020 is believed necessary to prevent
				  curtailment of opportunities for employment in a specified educational
				  institution, applications for special certificates authorizing the employment
				  of such student workers as learners at subminimum wage rates may be filed by an
				  appropriate official of the educational institution with the director,
				  supervisor, or duly authorized representative of the wage and hour division of
				  the department of labor and industries on official forms furnished by the
				  department.
§ 3, Regulation 294.6.001, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF STUDENT WORKERS › Section 296-128-290 - Issuing or denying certificates

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of an application for the employment of student
				  workers as learners, the director or his authorized representative shall issue
				  or deny a special certificate authorizing employment of student workers. To the
				  extent he deems appropriate, the director or his authorized representative may
				  provide an opportunity to other interested persons to present data and views on
				  the application prior to granting or denying a student worker certificate. If a
				  student worker certificate is granted, it shall be mailed to the educational
				  institution. If a student worker certificate is denied, notice of such denial
				  shall be mailed to the educational institution and such denial shall be without
				  prejudice to the filing of any subsequent application.
§ 4, Regulation 294.6.001, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF STUDENT WORKERS › Section 296-128-295 - Conditions governing issuance of certificates

Current through Register Vol. 24-14, July 15, 2024
The following conditions shall govern the issuance of a
				  special certificate authorizing the employment of student workers as learners
				  by an educational institution at subminimum wage rates:
(1) The employment of the student workers at
				subminimum wages authorized by the certificate must be necessary to prevent
				curtailment of opportunities for employment in a specified educational
				institution.
(2) The issuance of
				the student worker certificate will not tend to create unfair competitive labor
				cost advantages nor have the effect of impairing or depressing wage or working
				standards established for experienced workers for work of a like or comparable
				character in the industry or community.
(3) The occupations to be filled by the
				student workers shall not be in the production of goods or services which would
				be sold in competition with privately owned businesses, nor in enterprises
				operated by the educational institution in competition with privately owned
				businesses.
(4) There have been no
				serious outstanding violations of the provisions of a student workers
				certificate previously issued to the educational institution, nor have there
				been any serious violations of the act which provide reasonable grounds to
				conclude that the terms of a student worker certificate may not be complied
				with, if issued.
§ 5, Regulation 294.6.001, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF STUDENT WORKERS › Section 296-128-300 - Data required on certificate

Current through Register Vol. 24-14, July 15, 2024
The student worker certificate, if issued, shall specify,
				  among other things:
(1) The name and
				address of the educational institution employing the student workers;
(2) The occupations in which the student
				workers are employed;
(3) The
				number of student workers to be employed in any one day;
(4) The authorized subminimum wage rate to be
				paid for each occupation;
(5) The
				effective and expiration dates of the certificate.
§ 6, Regulation 294.6.001, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF STUDENT WORKERS › Section 296-128-305 - Wage rate

Current through Register Vol. 24-14, July 15, 2024
The subminimum wage rate shall be not less than 75 percent of
				  the minimum wage rate established by
				  RCW
				  49.46.020, as it may be
				  amended.
§ 7, Regulation 294.6.001, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF STUDENT WORKERS › Section 296-128-310 - Records

Current through Register Vol. 24-14, July 15, 2024
In addition to any other records required by reason of the
				  Washington Minimum Wage and Hour Act, the educational institution shall keep
				  and maintain the following records specifically relating to student workers
				  employed at subminimum wage rates:
(1)
				Each student worker employed under a student worker certificate shall be
				designated as such on the payroll records kept by the institution, with each
				student worker's occupation and rate of pay being shown.
(2) The records required including a copy of
				any special certificate issued, shall be kept and made available for inspection
				at all times for at least three years from the effective date of the
				certificate.
§ 8, Regulation 294.6.001, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF STUDENT WORKERS › Section 296-128-315 - Amending and revoking certificates

Current through Register Vol. 24-14, July 15, 2024
The director of the department of labor and industries or his
				  authorized representative may amend the provisions of a student worker
				  certificate or he may revoke such certificate where it is shown to his
				  satisfaction that its provisions have not been complied with.
§ 9, Regulation 294.6.001, filed
					 3/23/60.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EMPLOYMENT OF STUDENT WORKERS › Section 296-128-400 - Minors

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability of order.
This order shall apply to all minors
				employed in any industry or establishment in the state of Washington who are
				not expressly covered by another minimum wage and welfare order issued by the
				industrial welfare committee, except: Minors employed:
(a) By common carrier railroads, sleeping car
				companies and freight or express companies subject to regulations of federal
				law.
(b) In agricultural
				labor.
(c) In domestic work or
				chores performed in or about private residences.
(d) In a vocational education, work
				experience or apprentice training program, when such program is properly
				supervised by school personnel or in accordance with written agreements and
				approved training schedules.
(e)
				Directly by a telephone or telegraph company. This order shall not apply to
				newspaper vendors and newspaper carriers.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, AND OUTSIDE SALESPEOPLE › Section 296-128-500 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) This regulation
				is adopted in accordance with chapter 49.46 RCW to define the terms "bona fide
				executive, administrative, or professional capacity or in the capacity of
				outside salesperson," to define salary basis and to establish a procedure for
				computing overtime pay.
(2) An
				employee who meets the definitions of executive, administrative, or
				professional and who is paid on a salary basis (except as provided for in WAC
				296-128-510(2)(b),
				296-128-520(1)(c) and
				(2)(b),
				296-128-530(1)(b), (2)(b) and
				(3)(d), or
				296-128-535(1)(c)
				) is considered exempt from the requirements of chapter 49.46 RCW. A job title,
				or payment of a salary, does not in and of itself exempt a worker from these
				requirements.
Statutory Authority:
					 RCW
					 49.46.005,
					 49.46.010,
					 49.46.120, and
					 chapter
					 49.46 RCW. 03-03-109,
					 § 296-128-500, filed 1/21/03, effective 2/21/03; Order 76-5, §
					 296-128-500, filed 2/24/76.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, AND OUTSIDE SALESPEOPLE › Section 296-128-505 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Customarily
				and regularly" means a frequency that must be greater than occasional but
				which, of course, may be less than constant. Tasks or work performed
				"customarily and regularly" includes work normally and recurrently performed
				every workweek; it does not include isolated or one-time tasks.
(2) "Educational establishment" means an
				elementary or secondary school system, an institution of higher education, or
				other educational institution.
(3)
				"Exclusive of board, lodging, or other facilities" means "free and clear" or
				independent of any claimed credit for noncash items of value that an employer
				may provide to an employee. Thus, the costs incurred by an employer to provide
				an employee with board, lodging, or other facilities may not count towards the
				minimum salary amount required for an exemption.
(4) "Primary duty" means the principal, main,
				major, or most important duty that the employee performs. Determination of an
				employee's primary duty must be based on all the facts in a particular case,
				with the major emphasis on the character of the employee's job as a whole.
				Because the burden of proving an exception to the definition of "employee"
				falls on the employer claiming the exception, the burden falls on the employer
				to demonstrate that the employees meet the primary duty requirement.
(a) Factors to consider when determining the
				primary duty of an employee include, but are not limited to, the relative
				importance of the exempt duties as compared with other types of duties; the
				amount of time spent performing exempt work; the employee's relative freedom
				from direct supervision; and the relationship between the employee's salary and
				the wages paid to other employees for the kind of nonexempt work performed by
				the employee.
(b) The amount of
				time spent performing exempt work can be a useful guide in determining whether
				exempt work is the primary duty of an employee. Employees who spend more than
				fifty percent of their time performing exempt work will generally satisfy the
				primary duty requirement. Employees who do not spend more than fifty percent of
				their time performing exempt duties may meet the primary duty requirement if
				the other factors support such a conclusion. The burden falls on the employer
				to demonstrate that the employees meet the primary duty requirement.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, AND OUTSIDE SALESPEOPLE › Section 296-128-510 - Executive

Current through Register Vol. 24-14, July 15, 2024
(1) The term
				"individual employed in a bona fide executive . capacity" in
				RCW
				49.46.010(3)(c) shall mean
				any employee:
(a) Whose primary duty is
				management of the enterprise in which the employee is employed or of a
				customarily recognized department or subdivision thereof; and
(b) Who customarily and regularly directs the
				work of two or more other employees ; and
(c) Who has the authority to hire or fire
				other employees or whose suggestions and recommendations as to the hiring ,
				firing , advancement , promotion, or any other change of status of other
				employees are given particular weight; and
(d) Who is compensated on a salary basis at a
				rate of not less than the amount specified in WAC 296-128-545, exclusive of
				board, lodging, or other facilities.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, AND OUTSIDE SALESPEOPLE › Section 296-128-520 - Administrative

Current through Register Vol. 24-14, July 15, 2024
(1) The term
				"individual employed in a bona fide . administrative . capacity" in
				RCW
				49.46.010(3)(c) shall mean
				any employee:
(a) Whose primary duty is the
				performance of office or nonmanual work directly related to the management or
				general business operations of the employer or the employer's customers;
(b) Whose primary duty includes
				the exercise of discretion and independent judgment with respect to matters of
				significance; and
(c) Who is
				compensated on a salary or fee basis at a rate of not less than the amount
				specified in WAC 296-128-545, exclusive of board, lodging, or other
				facilities.