reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › TNC-ENFORCEMENT STANDARDS › Section 296-128-99280 - Enforcement-Administrative violations

Current through Register Vol. 24-14, July 15, 2024
(1) If a driver
				files a complaint with the department alleging a violation of any
				noncompensation requirement of
				RCW
				49.46.210,
				49.46.300 or any associated rules,
				the department will investigate the complaint under
				RCW
				49.46.330.
(2) During an investigation, if the
				department discovers information suggesting additional violations of any of the
				protections of
				RCW
				49.46.210,
				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
				RCW
				49.46.210,
				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 violations
				identified under
				RCW
				49.46.210,
				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, which must be provided 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 296-130 - Family care › Section 296-130-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
It is in the public interest for employers to accommodate
				employees by providing reasonable leaves from work for family reasons. This
				chapter serves to establish a minimum standard allowing an employee to use the
				employee's sick leave or other paid time off to care for a sick family
				member.
Statutory Authority:
				  RCW
				  49.12.033,
				  49.12.280,
				  49.12.285,
				  43.22.270, 2002 c 243, and
				  chapters
				  49.12 and
				  43.22 RCW. 03-03-010, §
				  296-130-010, filed 1/6/03, effective 1/6/03. Statutory Authority:
				  RCW
				  43.22.270 and 1988 c 236. 88-18-044 (Order
				  88-20), § 296-130-010, filed
				  8/31/88.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-130 - Family care › Section 296-130-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Employer"
			 means any person, firm, corporation, partnership, business trust, legal
			 representative, or other business entity which engages in any business,
			 industry, profession, or activity in this state and employs one or more
			 employees. Employer also includes the state, any state institution, any state
			 agency, political subdivisions of the state, and any municipal corporation or
			 quasi-municipal corporation.
(2)
			 "Employee" means a worker who is employed in the business of an employer.
			 "Employee," for the purposes of this chapter, also includes workers performing
			 in an executive, administrative, professional, or outside sales
			 capacity.
(3) "Employ" means to
			 engage, suffer, or permit to work.
(4) "Child" means a biological, adopted, or
			 foster child, a stepchild, a legal ward, or a child of a person standing
in loco parentis
who is:
(a)
			 Under eighteen years of age; or
(b)
			 Eighteen years of age or older and incapable of self-care because of a mental
			 or physical disability.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-130 - Family care › Section 296-130-030 - Employee rights

Current through Register Vol. 24-14, July 15, 2024
(1) If, under
			 the terms of a collective bargaining agreement or employer policy applicable to
			 an employee, the employee is entitled to sick leave or other paid time off,
			 then an employer must allow an employee to use any or all of the employee's
			 choice of sick leave or other paid time off to care for:
(a) A child of the employee with a health
			 condition as defined in WAC
			 296-130-020(10);
			 or
(b) A spouse, parent,
			 parent-in-law, or grandparent of the employee who has a serious health
			 condition or emergency condition, also defined in WAC
			 296-130-020(11) and
			 (12).
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-130 - Family care › Section 296-130-035 - Prohibited action

Current through Register Vol. 24-14, July 15, 2024
An employer must not discharge, threaten to discharge, demote,
				suspend, discipline, or otherwise discriminate against an employee because the
				employee:
(1) Has exercised, or
			 attempted to exercise, any right provided under
			 RCW
			 49.12.270 through
			 49.12.295; or
(2) Has filed a complaint, testified, or
			 assisted in any proceeding under
			 RCW
			 49.12.270 through
			 49.12.295.
Statutory Authority:
				  RCW
				  49.12.033,
				  49.12.280,
				  49.12.285,
				  43.22.270, 2002 c 243, and
				  chapters
				  49.12 and
				  43.22 RCW. 03-03-010, §
				  296-130-035, filed 1/6/03, effective 1/6/03. Statutory Authority:
				  RCW
				  43.22.270 and 1988 c 236. 88-23-117 (Order
				  88-29), § 296-130-035, filed
				  11/23/88.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-130 - Family care › Section 296-130-040 - Employee complaints

Current through Register Vol. 24-14, July 15, 2024
(1) An
			 employee who believes that his or her employer has not complied with
			 RCW
			 49.12.270 through
			 49.12.295, or this chapter, may
			 file a complaint with the department within six months of the alleged
			 violation. The complaint should contain the following:
(a) The name and address of the employee
			 making the complaint;
(b) The name,
			 address, and telephone number of the employer against whom the complaint is
			 made; and
(c) A statement of the
			 specific fact which constitutes the alleged violation, including the date(s) on
			 which the alleged violation occurred.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-130 - Family care › Section 296-130-050 - Posting

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 will furnish each employer a poster describing an employee's rights and an
			 employer's obligations provided in this chapter.
(2) The employer must keep posted a current
			 edition department poster stipulating the provisions of this chapter. The
			 employer must display this poster in a conspicuous place.
(3) The employer must post its leave
			 policies, if any, in a conspicuous place accessible to the employees at the
			 employer's place of business.
(4)
			 The posting requirement for employees whose leave policies are specified by
			 individual contracts may be satisfied by stating that leave for such employees
			 will be governed by the terms of such contracts.
(5) Employers with informal leave policies
			 which are established on a case-by-case basis may satisfy the posting
			 requirement by posting a statement explaining that policy.
Statutory Authority:
				  RCW
				  49.12.033,
				  49.12.280,
				  49.12.285,
				  43.22.270, 2002 c 243, and
				  chapters
				  49.12 and
				  43.22 RCW. 03-03-010, §
				  296-130-050, filed 1/6/03, effective 1/6/03. Statutory Authority:
				  RCW
				  43.22.270 and 1988 c 236. 88-18-044 (Order
				  88-20), § 296-130-050, filed
				  8/31/88.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-130 - Family care › Section 296-130-060 - Notices of infraction

Current through Register Vol. 24-14, July 15, 2024
The department may issue a notice of infraction to an employer
				who violates
				RCW
				49.12.270 through
				49.12.295. The employment
				standards supervisor will direct that notices of infraction contain the
				following when issued:
(1) A statement
			 that the notice represents a determination that the infraction has been
			 committed by the employer named in the notice and that the determination will
			 be final unless contested;
(2) A
			 statement that the infraction is a noncriminal offense for which imprisonment
			 will not be imposed as a sanction;
(3) A statement of the specific violation
			 which necessitated issuance of the infraction;
(4) A statement of the penalty involved if
			 the infraction is established;
(5)
			 A statement informing the employer of the right to a hearing conducted pursuant
			 to chapter 34.05
			 RCW if requested within twenty days of issuance of the infraction;
(6) A statement that at any hearing to
			 contest the notice of infraction the state has the burden of proving, by a
			 preponderance of the evidence, that the infraction was committed, and that the
			 employer may subpoena witnesses including the agent that issued the notice of
			 infraction;
(7) If a notice of
			 infraction is personally served upon a supervisory or managerial employee of a
			 firm or corporation, the department will within ten days of service send a copy
			 of the notice by certified mail to the employer; and
(8) Constructive service may be made by
			 certified mail directed to the employer named in the notice of
			 infraction.
Statutory Authority:
				  RCW
				  49.12.033,
				  49.12.280,
				  49.12.285,
				  43.22.270, 2002 c 243, and
				  chapters
				  49.12 and
				  43.22 RCW. 03-03-010, §
				  296-130-060, filed 1/6/03, effective 1/6/03. Statutory Authority:
				  RCW
				  43.22.270 and 1988 c 236. 88-18-044 (Order
				  88-20), § 296-130-060, filed
				  8/31/88.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-130 - Family care › Section 296-130-065 - Service on employers

Current through Register Vol. 24-14, July 15, 2024
(1) If
			 an employer is a corporation or a partnership, the department is not required
			 to serve the employer personally. In such a case, if no officer or partner of a
			 violating employer is present, the department may issue a notice of infraction
			 to any supervisor or managerial employee.
(2) If the department serves a notice of
			 infraction on a supervisory or managerial employee, and not on an officer, or
			 partner of the employer, the department will mail by certified mail a copy of
			 the notice of infraction to the employer or registered agent of the company.
			 The department will mail a second copy by ordinary mail.
Statutory Authority:
				  RCW
				  49.12.033,
				  49.12.280,
				  49.12.285,
				  43.22.270, 2002 c 243, and
				  chapters
				  49.12 and
				  43.22 RCW. 03-03-010, §
				  296-130-065, filed 1/6/03, effective 1/6/03. Statutory Authority:
				  RCW
				  43.22.270 and 1988 c 236. 88-18-044 (Order
				  88-20), § 296-130-065, filed
				  8/31/88.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-130 - Family care › Section 296-130-070 - Appeal of infraction notice

Current through Register Vol. 24-14, July 15, 2024
(1) If
			 an employer desires to contest the notice of infraction issued, the employer
			 will file two copies of a notice of appeal with the department at the office
			 designated on the notice of infraction, within twenty days of issuance of the
			 infraction.
(2) The department
			 must:
(a) Conduct a hearing in accordance
			 with chapter 34.05
			 RCW and chapter 10-08 WAC; and
(b)
			 Notify the employee who filed the initial complaint that resulted in the notice
			 of infraction.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-130 - Family care › Section 296-130-080 - Penalty assessment

Current through Register Vol. 24-14, July 15, 2024
An employer found to have committed an infraction under
				RCW
				49.12.270 through
				49.12.295 may be assessed the
				maximum penalty of a fine of two hundred dollars for the first noncompliance
				violation. An employer that continues to violate the terms of the statute may
				be subject to a fine not to exceed one thousand dollars for each
				violation.
Statutory Authority:
				  RCW
				  49.12.033,
				  49.12.280,
				  49.12.285,
				  43.22.270, 2002 c 243, and
				  chapters
				  49.12 and
				  43.22 RCW. 03-03-010, §
				  296-130-080, filed 1/6/03, effective 1/6/03. Statutory Authority:
				  RCW
				  43.22.270 and 1988 c 236. 88-18-044 (Order
				  88-20), § 296-130-080, filed
				  8/31/88.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-130 - Family care › Section 296-130-100 - Collective bargaining not impaired

Current through Register Vol. 24-14, July 15, 2024
Nothing in this chapter will be deemed to interfere with,
				impede, or in any way diminish the right of employees to bargain collectively
				with their employers through representatives of their own choosing in order to
				establish leave benefits in excess of the applicable provisions of this
				chapter.
Statutory Authority:
				  RCW
				  49.12.033,
				  49.12.280,
				  49.12.285,
				  43.22.270, 2002 c 243, and
				  chapters
				  49.12 and
				  43.22 RCW. 03-03-010, §
				  296-130-100, filed 1/6/03, effective
				  1/6/03.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-001 - Applicability

Current through Register Vol. 24-14, July 15, 2024
These standards, adopted pursuant to sections 83 through 86,
				chapter 380, Laws of 1989, shall apply to persons employed in agricultural
				labor as defined in
				RCW
				50.04.150 and WAC
				296-131-005. The standards in
				this chapter beginning at WAC
				296-131-100 shall apply only to
				minors employed in agricultural labor. The standards in this chapter do not
				apply to the immediate family members of the officers of any business engaged
				in agricultural production of crops or livestock.
Statutory Authority: RCW 49.30.030. 90-14-038, §
				  296-131-001, filed 6/29/90, effective 11/1/90. Statutory Authority:
				  RCW
				  43.22.270, 1989 c 380 and
				  chapter
				  49.46 RCW. 89-22-015
				  (Order 89-15), § 296-131-001, filed 10/24/89, effective
				  11/24/89.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purpose of these rules:
(1) A "minor" is a person of either gender,
			 employed in agricultural labor, who is under the age of eighteen
			 years.
(2) "Agricultural labor" is
			 defined as services performed:
(a) On a farm,
			 in the employ of any person, in connection with the cultivation of the soil, or
			 in connection with raising or harvesting any agricultural or horticultural
			 commodity, including raising, shearing, feeding, caring for, training, and
			 management of livestock, bees, poultry, and furbearing animals and wildlife, or
			 in the employ of the owner or tenant or other operator of a farm in connection
			 with the operation, management, conservation, improvement, or maintenance of
			 such farm and its tools and equipment; or
(b) In packing, packaging, grading, storing,
			 or delivering to storage, or to market or to a carrier for transportation to
			 market, any agricultural or horticultural commodity; but only if such service
			 is performed as incident to ordinary farming operations.
"Agricultural labor" does not include employment in commercial
				packing houses, commercial storage establishments, commercial canning,
				commercial freezing, or any other commercial processing with respect to
				services performed in connection with the cultivation, raising, harvesting and
				processing of oysters or raising and harvesting of mushrooms or in connection
				with any agricultural or horticultural commodity after its delivery to a
				terminal market for distribution for consumption.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-006 - Authority to enter, inspect, and investigate places of employment and records, and to conduct interviews

Current through Register Vol. 24-14, July 15, 2024
In order to carry out the purposes of this chapter, the
				director or the director's authorized representative is authorized:
(1) To enter without delay any work site or
			 area or other environment where work is performed by an employee or where
			 employment records are, or are required to be, maintained; and
(2) To inspect, transcribe, and copy all
			 pertinent records, and to inspect and investigate any such place of employment
			 and all pertinent conditions, structures, machines, apparatus, devices,
			 equipment, and materials therein, and to question privately any employer,
			 owner, operator, agent, or employee.
Statutory Authority: RCW 49.30.030 and
				  43.22.310. 92-15-099, §
				  296-131-006, filed 7/20/92, effective
				  8/20/92.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-010 - Payment interval

Current through Register Vol. 24-14, July 15, 2024
(1) This rule
			 shall apply to employers and employees engaged in agricultural labor as defined
			 in RCW
			 50.04.150 and subject to WAC
			 296-131-001.
Note:
Employers and employees not subject to this regulation
						  may still be subject to the payment interval requirements of WAC
						  296-126-023 or
						  296-128-035.
(2)
			 Definitions:
(a) "Monthly interval" means a
			 one-month time period between established pay days.
(b) "Pay day" means a specific day or date
			 established by the employer on which wages are paid for hours worked during a
			 pay period.
(c) "Payment interval"
			 means the amount of time between established pay days. A payment interval may
			 be daily, weekly, bi-weekly, semi-monthly or monthly.
(d) "Pay period" means a defined time frame
			 for which an employee will receive a paycheck. A pay period may be daily,
			 weekly, bi-weekly, semi-monthly or monthly.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-015 - Pay statements

Current through Register Vol. 24-14, July 15, 2024
A pay statement shall be provided to each employee at the time
				wages are paid. The pay statement shall identify the employee, show the number
				of hours worked or the number of days worked based on an eight-hour day, the
				rate or rates of pay, the number of piece work units earned if paid on a piece
				work basis, the gross pay, the pay period, all deductions and the purpose of
				each deduction for the respective pay period. A pay statement shall also
				include the employer's name, address, and telephone number.
Statutory Authority:
				  RCW
				  43.22.270, 1989 c 380 and
				  chapter
				  49.46 RCW. 89-22-015
				  (Order 89-15), § 296-131-015, filed 10/24/89, effective
				  11/24/89.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-017 - Employment records

Current through Register Vol. 24-14, July 15, 2024
(1) Every
			 employer shall keep for at least three years a record of the name, address, and
			 occupation of each employee, dates of employment, rate or rates of pay, amount
			 paid each pay period to each such employee and the hours worked.
(2) Every employer shall make the records
			 described in subsection (1) of this section available to the director or the
			 director's authorized representative at any time for inspection and
			 transcription or copying and to the employee, upon request for that employee's
			 work record, at any reasonable time.
Statutory Authority:
				  RCW
				  43.22.270, 1989 c 380 and
				  chapter
				  49.46 RCW. 89-22-015
				  (Order 89-15), § 296-131-017, filed 10/24/89, effective
				  11/24/89.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-020 - Meals and rest periods

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Every employee employed more than five hours shall receive a meal period of at
			 least thirty minutes. Employees working eleven or more hours in a day shall be
			 allowed at least one additional thirty-minute meal period.
(2) Every employee shall be allowed a rest
			 period of at least ten minutes, on the employer's time, in each four-hour
			 period of employment. For purposes of computing the minimum wage on a piecework
			 basis, the time allotted an employee for rest periods shall be included in the
			 number of hours for which the minimum wage must be paid.
Statutory Authority: RCW 49.30.030. 90-14-037, §
				  296-131-020, filed 6/29/90, effective
				  8/1/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-100 - Permits to employ minors

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Within three days after the commencement of employment of one or more minors,
			 an employer shall file with the department an application for a permit to
			 employ minors. When validated by the supervisor of employment standards, this
			 permit will authorize the employer to employ for one year any number of minor
			 workers at the workplace specified in accordance with the conditions of the
			 permit and the regulations established in this chapter.
(2) An employer shall at all times employ
			 minors in accordance with the regulations established in this chapter,
			 regardless whether the employer has filed with the department an application
			 for a permit to employ minors as required in subsection (1) of this
			 section.
(3) The department shall
			 annually publicize the requirements of this chapter through departmental
			 publications and other appropriate means designed to assist employers in
			 complying with the law.
Statutory Authority: RCW 49.30.030. 90-14-038, §
				  296-131-100, filed 6/29/90, effective
				  11/1/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-105 - Parental and school authorization

Current through Register Vol. 24-14, July 15, 2024
(1) An employer of a minor shall be required
			 to annually obtain written authorization from a minor's parent before employing
			 the minor.
(2) Except when
			 performing intermittent weekend work, a minor who is legally required to attend
			 school and who is working during the school year shall obtain from his or her
			 school written authorization to work a specified number of hours per day and
			 per week up to the maximum permitted in WAC
			 296-131-120, based on an
			 evaluation of the impact of work on the student's academic performance. School
			 authorization is not required for high school graduates.
(3) The parental and school authorization
			 required by this chapter shall be on forms supplied by the department and shall
			 be kept on file by the employer.
(4) Neither parent nor school authorization
			 is required for minors who are emancipated by court order.
(5) For purposes of this section,
			 "intermittent weekend work" is defined as work during the weekend arranged to
			 be performed after the end of the preceding school week. Work performed after
			 the beginning of the next school day is not considered to be intermittent
			 weekend work and requires school authorization. Work during more than two
			 weekends per quarter is not considered to be intermittent weekend
			 work.
Statutory Authority: RCW 49.30.030. 90-14-038, §
				  296-131-105, filed 6/29/90, effective
				  11/1/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-110 - Posting

Current through Register Vol. 24-14, July 15, 2024
(1) At least one
			 copy of a valid permit to employ minors shall be posted in a conspicuous place
			 at the workplace specified in the permit.
(2) An informational poster supplied by the
			 department, describing in English and Spanish the rights of agricultural
			 employees under this chapter, also shall be posted in a conspicuous place at
			 the workplace specified in the permit.
Statutory Authority: RCW 49.30.030. 90-14-038, §
				  296-131-110, filed 6/29/90, effective
				  11/1/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-115 - Age of employment

Current through Register Vol. 24-14, July 15, 2024
No minor under the age of fourteen shall be employed in
				agriculture at any time except as follows: Minors twelve and thirteen years of
				age may be employed in the hand harvest of berries, bulbs, and cucumbers and in
				the hand cultivation of spinach during weeks when school is not in
				session.
Statutory Authority: RCW 49.30.030. 90-14-038, §
				  296-131-115, filed 6/29/90, effective
				  11/1/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-117 - Minimum wages - Minors

Current through Register Vol. 24-14, July 15, 2024
Except where a higher minimum wage is required by Washington
				state or federal law:
(1) Every
			 employer shall pay to each employee who has reached their sixteenth or
			 seventeenth year of age a rate of pay per hour which is equal to the hourly
			 rate required by
			 RCW
			 49.46.020 for employees eighteen years of age
			 or older, whether computed on an hourly, commission, piecework, or other basis,
			 except as may be otherwise provided under this chapter.
(2) Every employer shall pay to each employee
			 who has not reached their sixteenth year of age a rate of pay per hour that is
			 not less than eighty-five percent of the hourly rate required by
			 RCW
			 49.46.020 for employees eighteen years of age
			 or older, whether computed on an hourly, commission, piecework, or other basis,
			 except as may be otherwise provided under this chapter.
(3) These minimum wage provisions shall not
			 apply when a minor student is in a work place to carry out an occupational
			 training experience assignment directly supervised on the premises by a school
			 official or an employer under contract with a school, and when no appreciable
			 benefit is rendered to the employer by the presence of the minor
			 student.
Statutory Authority:
				  RCW
				  43.22.270,
				  49.46.020, and
				  chapters
				  43.22, 49.30, and
				  49.46 RCW. 01-13-012, §
				  296-131-117, filed 6/11/01, effective
				  7/12/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-120 - Hours of work for minors in agriculture

Current through Register Vol. 24-14, July 15, 2024
(1) Minors legally required to attend school
			 may not be employed during school hours except by special permission from
			 school officials as provided in RCW 28A.27.010 and 28A.27.090.
(2)
(a)
			 Minors under the age of sixteen may work up to three hours a day on school
			 days, up to eight hours a day on nonschool days and up to twenty-one hours a
			 week during weeks when school is in session. Minors under the age of sixteen
			 may work up to eight hours a day and up to forty hours a week during weeks when
			 school is not in session.
(b)
			 Except as otherwise provided, on days when school is in session, minors under
			 the age of sixteen may not be employed before 7:00 a.m. nor after 8:00 p.m. On
			 days when school is not in session, minors under the age of sixteen may not be
			 employed before 5:00 a.m. nor after 9:00 p.m. On days when school is in
			 session, minors under the age of sixteen employed in animal agriculture or
			 whose employment in crop production requires daily attention to irrigation, may
			 be employed beginning at 6:00 a.m.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-125 - Prohibited and hazardous employment

Current through Register Vol. 24-14, July 15, 2024
(1) Employment in the following occupations
			 in agriculture is prohibited to minors under the age of sixteen:
(a) Operating a tractor of over 20 PTO
			 horsepower, or connecting or disconnecting an implement or any of its parts to
			 or from such a tractor.
(b)
			 Operating or assisting to operate (including starting, stopping, adjusting,
			 feeding, or any other activity involving physical contact associated with the
			 operation) any of the following machines:
(i)
			 Corn picker, cotton picker, grain combine, hay mower, forage harvester, hay
			 baler, potato digger, or mobile pea viner;
(ii) Feed grinder, crop dryer, forage blower,
			 auger conveyor, or the unloading mechanism of a nongravity-type self-unloading
			 wagon or trailer; or
(iii) Power
			 post-hole digger, power post driver, or nonwalking type rotary
			 tiller.
(c) Operating or
			 assisting to operate (including starting, stopping, adjusting, feeding, or any
			 other activity involving physical contact associated with the operation) any of
			 the following machines:
(i) Trencher or
			 earthmoving equipment;
(ii) Fork
			 lift; or
(iii) Potato
			 combine.
(d) Working on
			 a farm in a yard, pen, or stall occupied by a:
(i) Bull, boar, or stud horse maintained for
			 breeding purposes; or
(ii) Sow with
			 suckling pigs, or cow with newborn calf (with umbilical cord
			 present).
(e) Felling,
			 bucking, skidding, loading, or unloading timber with butt diameter of more than
			 six inches.
(f) Working from a
			 ladder or scaffold (painting, repairing, or building structures, pruning trees,
			 picking fruit, etc.) at a height of over twenty feet.
(g) Driving a bus, truck, or automobile when
			 transporting passengers, or riding on a tractor as a passenger or
			 helper.
(h) Working inside:
(i) A fruit, forage, or grain storage
			 designed to retain an oxygen deficient or toxic atmosphere;
(ii) An upright silo within two weeks after
			 silage has been added or when a top unloading device is in operating
			 position;
(iii) A manure pit;
			 or
(iv) A horizontal silo while
			 operating a tractor for packing purposes.
(i) Working in any manufacturing
			 occupation.
(j) Working in any
			 processing operations, including food processing.
(k) Working in transportation, warehouse, and
			 storage or construction.
(l) Work
			 in or about engine or boiler rooms.
(m) Work in freezers, meat coolers, and all
			 work in preparing meats for sale. (Wrapping, sealing, labeling, weighing,
			 pricing, and stocking are permitted if work is performed away from meat-cutting
			 and preparation areas.)
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-126 - Lifting

Current through Register Vol. 24-14, July 15, 2024
Where weights in excess of twenty pounds are to be lifted,
				carried, pushed, or pulled as a normal part of an employee's responsibility,
				the employer shall instruct minors on correct weight lifting techniques prior
				to the commencement of work and display a poster developed by the department
				illustrating correct weight lifting techniques.
Statutory Authority: RCW 49.30.030. 90-14-038, §
				  296-131-126, filed 6/29/90, effective
				  11/1/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-130 - Recordkeeping

Current through Register Vol. 24-14, July 15, 2024
In addition to the records required under WAC
				296-131-017, an employer is
				responsible for obtaining and keeping on file for one year the following
				information concerning each minor employee:
(1) Proof of age by means of a copy of one of
			 the following: Birth certificate; driver's license; baptismal record; Bible
			 record; insurance policy at least one year old indicating the date of birth;
			 witnessed statement of the parent or guardian; or a completed federal
			 employment eligibility verification (Form I-9);
(2) Parental authorization required by WAC
			 296-131-105;
(3) School authorization required by WAC
			 296-131-105;
(4) Documentation of emancipation as provided
			 by WAC 296-131-120(5).
Every employer shall make the records described in this section
				available to the director or the director's authorized representative at any
				time for inspection and transcription or copying and to the employee, upon
				request for that employee's work record, at any reasonable
				time.
Statutory Authority: RCW 49.30.030 and
				  43.22.310. 92-15-099, §
				  296-131-130, filed 7/20/92, effective 8/20/92. Statutory Authority: RCW
				  49.30.030. 90-14-038, § 296-131-130, filed 6/29/90, effective
				  11/1/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-135 - Revocation of permits

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department may revoke any employer's permit to employ minors upon a showing
			 that the conditions of its issuance are not being met, or that other conditions
			 exist which are detrimental to the health, safety, or welfare of the
			 minor.
(2) The department may
			 refuse to issue or renew a permit to employ minors. If the department refuses
			 to issue or renew a permit, it shall send the employer a notice of denial. The
			 notice of denial shall explain the grounds for denial of the permit. The
			 department may refuse to renew a permit if the conditions of its initial
			 issuance are not being met.
(3) Any
			 employer aggrieved by any action taken by the department under this section may
			 appeal the action or decision by filing notice of the appeal with the director
			 within thirty days of the department's action or decision. Upon receipt of an
			 appeal, a hearing shall be held in accordance with
			 chapter
			 34.05 RCW. The director
			 shall issue all final orders after the hearing. Final orders are subject to
			 appeal in accordance with
			 chapter
			 34.05 RCW. Orders not
			 appealed within the time period specified in
			 chapter
			 34.05 RCW are final and
			 binding.
Statutory Authority: RCW 49.30.030. 90-14-038, §
				  296-131-135, filed 6/29/90, effective
				  11/1/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-131 - Agricultural employment standards › Section 296-131-140 - Variances

Current through Register Vol. 24-14, July 15, 2024
(1) Upon written
			 application from an employer or an organization representing employers, a
			 variance permitting employment of minors otherwise prohibited under WAC
			 296-131-120 or
			 296-131-125 may be granted for
			 good cause shown. The employer or the organization representing employers shall
			 give written notice to the employees so that they may submit their views to the
			 department on any variance request.
(2) The department may afford the applicant
			 and any involved employee, or employee representatives, the opportunity for
			 oral presentation whenever circumstances of the particular application
			 warrant.
(3) "Good cause" shall
			 mean, but not be limited to, those situations in which the employer
			 demonstrates that (a) the granting of the variance would not have a harmful
			 effect upon the health, safety, or welfare of the minor employees involved; (b)
			 the granting of the variance would not have a deleterious effect on school
			 attendance or the academic performance of minors; and (c) the variance is
			 necessary to meet usual crop cultural or harvest requirements.
(4) Upon application from an employer or an
			 organization representing employers a variance permitting employment of minors
			 otherwise prohibited under these rules may be granted by the director or an
			 authorized representative of the director in response to a weather
			 emergency.
Statutory Authority: RCW 49.30.030. 90-14-038, §
				  296-131-140, filed 6/29/90, effective
				  11/1/90.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-133 - Procedural rules supplementary to the Health Care Activities Labor Relations Act, chapter 156, Laws of 1972 ex. sess › Section 296-133-010 - Intent and purpose

Current through Register Vol. 24-14, July 15, 2024
These rules are adopted pursuant to the authority of section 8,
				chapter 156, Laws of 1972 ex. sess., (hereinafter referred to as the "act") as
				supplementary to the act for the purpose of providing rules of procedure to aid
				and assist the department of labor and industries, its authorized agents, and
				interested parties in proceedings under the act. The department of labor and
				industries, (hereinafter referred to as "department") and its authorized agents
				may waive any requirements of these rules, unless a party shows that it would
				be prejudiced by such waiver or unless the rule to be waived involves a
				mandatory provision of the act.
Order 72-13, § 296-133-010, filed
				  7/31/72.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-133 - Procedural rules supplementary to the Health Care Activities Labor Relations Act, chapter 156, Laws of 1972 ex. sess › Section 296-133-020 - Policy

Current through Register Vol. 24-14, July 15, 2024
It is the policy of the department to expedite the settlement
				of labor disputes between health care activities and their employees and to
				promote peace in labor relations and nothing in these rules should be construed
				to prevent the department and its authorized agents, where not inconsistent
				with the intent and purpose of the act, from using its best efforts to adjust
				through conciliation any labor dispute arising between employers, employees or
				employee organizations subject to the provisions of the act.
Order 72-13, § 296-133-020, filed
				  7/31/72.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-133 - Procedural rules supplementary to the Health Care Activities Labor Relations Act, chapter 156, Laws of 1972 ex. sess › Section 296-133-030 - Construction

Current through Register Vol. 24-14, July 15, 2024
These rules shall be liberally construed to effectuate the
				purposes and provisions of the act.
Order 72-13, § 296-133-030, filed
				  7/31/72.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-133 - Procedural rules supplementary to the Health Care Activities Labor Relations Act, chapter 156, Laws of 1972 ex. sess › Section 296-133-040 - General

Current through Register Vol. 24-14, July 15, 2024
Any terms used in these rules that are defined in the act shall
				have the same meaning as set forth therein.
Order 72-13, § 296-133-040, filed
				  7/31/72.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-133 - Procedural rules supplementary to the Health Care Activities Labor Relations Act, chapter 156, Laws of 1972 ex. sess › Section 296-133-050 - Petitioner

Current through Register Vol. 24-14, July 15, 2024
"Petitioner" shall mean any person, employer or employee
				association authorized to request the department to take action under the
				provisions of the act or these rules.
Order 72-13, § 296-133-050, filed
				  7/31/72.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-133 - Procedural rules supplementary to the Health Care Activities Labor Relations Act, chapter 156, Laws of 1972 ex. sess › Section 296-133-060 - Authorized agent

Current through Register Vol. 24-14, July 15, 2024
"Authorized agent" of the department shall mean the director,
				the supervisor of industrial relations, a labor mediator or a hearing officer
				specifically authorized by the director to conduct proceedings under the
				act.
Order 72-13, § 296-133-060, filed
				  7/31/72.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-133 - Procedural rules supplementary to the Health Care Activities Labor Relations Act, chapter 156, Laws of 1972 ex. sess › Section 296-133-070 - Employee association or organization - Qualifications

Current through Register Vol. 24-14, July 15, 2024
In order to qualify as an employee association as referred to
				in section 3 of the act, any such organization or association:
(1) Upon request by the authorized agent, or
			 any party of interest, must produce authentic records of how, when and by whom
			 the organization was formed.
(2)
			 Shall have a written constitution and/or bylaws which plainly indicates that
			 one of the primary purposes of the organization or association is to represent
			 employees in labor relations matters with employers and is consistent with the
			 requirements of the act and is available for review by any member.
(3) The constitution and/or bylaws must
			 provide:
(a) An approved, customary or
			 recognized method for the nomination and election of officers in accordance
			 with accepted parliamentary procedures, the terms of such officers not to
			 exceed four years.
(b) An approved
			 method of financial record keeping and a financial audit at least once a year,
			 which audit is available to any member for review.
(c) That at least four regular meetings must
			 be held each year with adequate notice of meetings to all members.
(d) That a specific and reasonable minimum
			 number of members or a percentage of the membership must be present to form a
			 quorum before any organization business may be transacted at regular or special
			 meetings.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-133 - Procedural rules supplementary to the Health Care Activities Labor Relations Act, chapter 156, Laws of 1972 ex. sess › Section 296-133-080 - Bargaining representative - Selection of - Petition

Current through Register Vol. 24-14, July 15, 2024
Applications to the department regarding the selection of a
				bargaining representative to represent employees of a bargaining unit of an
				employer shall be by petition on such form or forms as may be provided by the
				department. A written petition may be accepted by the department if the
				petition contains substantially the same information required by the forms
				provided by the department.
Order 72-13, § 296-133-080, filed
				  7/31/72.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-133 - Procedural rules supplementary to the Health Care Activities Labor Relations Act, chapter 156, Laws of 1972 ex. sess › Section 296-133-090 - Filing of petition

Current through Register Vol. 24-14, July 15, 2024
The petition for certification, decertification or amendment of
				certification of the representative of a bargaining unit must be filed
				either:
(1) With the Supervisor,
			 Division of Industrial Relations, Department of Labor and Industries, General
			 Administration Building, Olympia, Washington 98504; or
(2) If the health care activity is situated
			 in western Washington with the Labor Mediator, Division of Industrial
			 Relations, Department of Labor and Industries, 300 West Harrison Street,
			 Seattle, Washington 98119; or
(3)
			 If the health care activity is situated in eastern Washington with the Labor
			 Mediator, Division of Industrial Relations, Department of Labor and Industries,
			 North 1322 Post Street, Spokane, Washington 99207.
Order 72-13, § 296-133-090, filed
				  7/31/72.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-133 - Procedural rules supplementary to the Health Care Activities Labor Relations Act, chapter 156, Laws of 1972 ex. sess › Section 296-133-100 - Contents of petition - General

Current through Register Vol. 24-14, July 15, 2024
Petitions for the certification, decertification, or amendment
				of certification of an employee representative of a bargaining unit shall
				contain the following:
(1) A statement
			 as to whether the petition is filed by a health care activities employee
			 organization, a health care activities employee or a health care activities
			 employer.
Order 72-13, § 296-133-100, filed
				  7/31/72.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-133 - Procedural rules supplementary to the Health Care Activities Labor Relations Act, chapter 156, Laws of 1972 ex. sess › Section 296-133-110 - Contents of petition filed by employee or employee organization

Current through Register Vol. 24-14, July 15, 2024
Petitions for certification decertification or amendment of
				certification filed by a health care activities employee organization or a
				health care activities employees, shall contain:
(1) A description of the bargaining unit
			 which the petitioner claims to be appropriate, a statement as to whether there
			 is any disagreement between the petitioner and interested parties as to the
			 nature and scope of the proposed bargaining unit; and statement that the
			 petitioner is authorized to represent at least thirty percent of the employees
			 within the proposed bargaining unit.
(2) The names and addresses of any persons or
			 employee organizations, known to the petitioner, who claim to represent any
			 employees in the proposed appropriate bargaining unit; the expiration dates and
			 brief descriptions of any collective bargaining agreements which may be in
			 effect between an employer and an employee organization covering all or a
			 portion of the employees in the proposed bargaining unit.
(3) The number and job titles of the
			 employees in the proposed bargaining unit.
(4) A statement that the employer declines to
			 recognize the petitioner as the employee representative, or that the health
			 care activities employer is about to recognize another employee organization as
			 the exclusive bargaining representative or the presently recognized or
			 certified employee organization is no longer the representative of the
			 employees in the proposed bargaining unit.
(5) The name, affiliation, if any, and the
			 address of the petitioner.
(6)
			 Whether a work stoppage or picketing is in progress at the health care activity
			 and, if so, the approximate number of employees participating and the date that
			 such work stoppage or picketing commenced.
(7) Any other relevant factual
			 information.
(8) A specific
			 statement of the relief or remedy that the petitioner seeks the department to
			 invoke.
Order 72-13, § 296-133-110, filed
				  7/31/72.