reglab/statecodes huggingface dataset:
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 296-133-120 - Contents of petition filed by employer

Current through Register Vol. 24-14, July 15, 2024
Petitions for certification or amendment of certification of a
				bargaining representative filed by a health care activities employer, shall
				contain:
(1) A factual statement
			 setting forth that one or more individuals or employee organizations has
			 presented to the petitioner a claim to be recognized as the exclusive
			 bargaining representative of all employees in a bargaining unit claimed to be
			 appropriate; the job titles of the employees of such bargaining unit; the
			 number of employees in such unit; and a statement of reasons as to whether the
			 petitioner agrees or disagrees as to the nature or scope of such requested
			 bargaining unit.
(2) The name or
			 names, affiliation, if any, and addresses of individuals or employee
			 organizations known to the petitioner making such claim for recognition as to
			 the exclusive bargaining representative of employees in the health care
			 activity.
(3) A statement regarding
			 whether the petitioner has contracts with any employee organization or other
			 representatives of employees, and if so, the expiration dates of such
			 agreements.
(4) A statement as to
			 whether or not a work stoppage or picketing is in progress at the health care
			 activity involved, and if so, the approximate number of employees
			 participating, and the date such work stoppage or picketing
			 commenced.
(5) A statement of other
			 relevant facts.
(6) A statement
			 regarding the remedy or relief the petitioner requests the department to
			 invoke.
Order 72-13, § 296-133-120, 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 296-133-130 - Intervention

Current through Register Vol. 24-14, July 15, 2024
Any third party having a legitimate interest in any proceedings
				commenced under the act may file a petition seeking intervention in such
				proceedings setting forth facts sufficient to establish such interests and
				setting forth in such petition the remedy or relief the petitioner seeks the
				department to invoke.
For the purposes of third party intervention, "legitimate
				interest" means that the petitioner must allege in the petition for
				intervention and be prepared to prove if requested that it is authorized to
				represent at least thirty percent of the employees within a proposed bargaining
				unit before leave to intervene may be granted. Any employee organization which
				has a signed, valid collective bargaining agreement encompassing the proposed
				bargaining unit or any portion thereof shall be considered to have a legitimate
				interest upon presentation to the department of an executed authentic copy of
				such collective bargaining agreement.
Order 72-13, § 296-133-130, 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 296-133-140 - Conferences - Notice of hearing

Current through Register Vol. 24-14, July 15, 2024
Upon the filing of petition for certification, decertification
				or amendment of certification of an exclusive bargaining representative of
				employees and the determination of an appropriate bargaining unit, an
				authorized agent shall confer with and may hold informal conferences with the
				known interested parties in an effort to ascertain the agreed upon facts of the
				controversy. The authorized agent shall encourage the parties to agree upon an
				appropriate bargaining unit within the limitations of the act. Whenever the
				authorized agent shall determine that the parties are unable to agree upon an
				appropriate bargaining unit, and is unable to settle the controversy without
				hearing, a hearing shall be conducted. Notice of such hearing, with the time
				and place of such hearing, shall be given to all parties by mail at least six
				days prior to the date of hearing, excluding Saturdays, Sundays and legal
				holidays. Within a reasonable time following the determination of an
				appropriate bargaining unit, the authorized agent shall provide for a
				bargaining representation election in accordance with the provisions of section
				3 of the act and as further provided in these rules.
Order 72-13, § 296-133-140, 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 296-133-150 - Petition - Amendments or withdrawals

Current through Register Vol. 24-14, July 15, 2024
At any time prior to the issuance of the written notice of a
				bargaining representation election, a petitioning party may, subject to the
				discretion of the authorized agent, amend or withdraw his
				petition.
Order 72-13, § 296-133-150, 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 296-133-160 - Unit determinations - Considerations

Current through Register Vol. 24-14, July 15, 2024
Whenever the department is called upon to make a determination
				of an appropriate bargaining unit within a health care activity, within the
				limitations of the act, the department shall consider the duties, skills and
				working conditions of the health care activities employees; the history of
				collective bargaining by the health care activities employees and their
				bargaining representative within the proposed bargaining unit and in the health
				care industry; the extent of organization among the health care activities
				employees; the desires of such employees and the affect of the proposed
				bargaining unit upon the efficiency of administration of the health care
				activity.
Order 72-13, § 296-133-160, 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 296-133-170 - Representation questions - Timeliness

Current through Register Vol. 24-14, July 15, 2024
The department will not consider any question of representation
				within any bargaining unit or subdivision thereof in any health care activity
				within which in the preceding twelve-month period a valid election has been
				held. Nor will the department entertain any petition giving rise to the
				question of representation within any bargaining unit or portion thereof with a
				health care activity having a collective bargaining agreement in effect, except
				during the period not more than ninety nor less than sixty days prior to the
				expiration date of any such agreement. A collective bargaining agreement which
				contains a provision for automatic renewal or extension of the agreement or
				which is effective for a term of more than three years shall not be deemed to
				be a valid collection bargaining agreement for the purposes of this
				section.
Order 72-13, § 296-133-170, 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 296-133-180 - Employee lists

Current through Register Vol. 24-14, July 15, 2024
Health care activities employers shall furnish a current list
				of the names and addresses of all employees in a proposed or agreed upon
				bargaining unit prior to any scheduled representation hearing. The lists of
				such employees shall be available upon request to any organization which has
				been qualified under these rules and meeting the requirements of section 3 of
				the act.
Order 72-13, § 296-133-180, 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 296-133-190 - Authorization cards - Acceptability

Current through Register Vol. 24-14, July 15, 2024
In order to be acceptable as evidence of representation for the
				purposes of the thirty percent requirements of section 3 of the act, individual
				authorization cards must be signed and dated by the employee expressing his
				intention to be represented by a specific bargaining representative. A card
				signed and dated six months or more prior to the date on which examination of
				cards for representation purposes commences shall be considered invalid and not
				acceptable for representation purposes.
Order 72-13, § 296-133-190, 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 296-133-210 - Run-off election procedure

Current through Register Vol. 24-14, July 15, 2024
Where more than one employee organization is on the ballot, and
				neither of the three or more choices receives votes from a majority of the
				votes cast in the election, a run-off election shall be held. The run-off
				ballot shall contain the two choices which receive the largest and second
				largest number of votes.
Order 72-13, § 296-133-210, 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 296-133-220 - Certification

Current through Register Vol. 24-14, July 15, 2024
If no timely objections are filed, the authorized agent will
				certify, as an exclusive bargaining representative, the employee organization
				which receives votes from a majority of the employees who vote in the election
				or any run-off election or will certify that no employee organization receive
				votes from a majority of the employees who voted in the election or any run-off
				election. A copy of such certification shall be mailed to all interested
				parties within ten days of certification, along with a certification of the
				results of the election.
Order 72-13, § 296-133-220, 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 296-133-230 - Unfair labor practices - Who may file

Current through Register Vol. 24-14, July 15, 2024
Any employee or employee organization or a health care
				activities employer may file in writing an unfair labor practice charge with
				the department of labor and industries, alleging an unfair labor practice as
				set forth in the applicable provisions of sections 4 and 5 of the act:
				Provided, That this section and other sections of these rules relating to
				unfair labor practice charges, shall not be construed to prohibit an employee,
				an employee organization or an employer from instituting court proceedings as
				authorized under section 7 of the act without first having exhausted the
				remedies provided by these rules, except, in those cases in which an employee,
				an employee organization or an employer requests the director of labor and
				industries to exercise the authority invested in him to institute court
				proceedings to seek relief from the commission of an unfair labor practice. Any
				decision by a court rendered upon the merits of an unfair labor practice charge
				pursuant to a legal action instituted under the authority of section 7 shall be
				deemed res judicata and a bar to maintaining proceedings under this section and
				other sections of these rules relating to unfair labor practice
				charges.
Order 72-13, § 296-133-230, 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 296-133-240 - Filing of charges

Current through Register Vol. 24-14, July 15, 2024
Unfair labor practice charges shall be filed on such form or
				forms provided by the department and shall contain the following:
(1) The name and address of the health care
			 activities employer.
(2) The name
			 and address of the person or organization who is filing the charges.
(3) The statement as to the basis of the
			 charge which shall be specific as to facts, names, addresses, dates and
			 places.
(4) A statement as to
			 whether or not the complainant has instituted legal proceedings under the
			 authority of section 7 of the act seeking relief from the alleged commission of
			 an unfair labor practice.
(5) The
			 unfair labor practice charges shall be verified under oath in substantially the
			 following form:
. . . . . . . . . . , being
						  first sworn on oath, deposes and says: That he is the complainant named in the
						  foregoing unfair labor practice charges, that he has read the unfair labor
						  practice charges, knows the contents thereof and believes the same to be true
						  and correct to the best of his knowledge and belief.
. . . . . . . . . . . . . . . . . . . . .
						  (Signature of Complainant)
Subscribed and sworn to before me
						  on this . . . . . . day of . . . . . . 1972.
. . . . . . . . . . . . . . . . . . . . .
						  Notary Public in and for the State of Washington, Residing at . . . . . . . .
Order 72-13, § 296-133-240, 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 296-133-250 - Actionable charges - Dismissals

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of an unfair labor practice charge, the department
				shall determine whether or not the complainant has alleged actionable charges
				of unfair labor practices under the provisions of the act. If the department
				finds that actionable charges have been alleged by the complainant, the
				department may give notice of not less than three days to the parties to the
				controversy that an informal hearing conference will be held at which
				conference testimony and evidence will be taken under oath to determine whether
				such charges are factually meritorious or frivolous. If the charges are found
				to be actionable charges and the evidence obtained at the informal hearing
				conference discloses that the charges are made in good faith and give rise to
				substantial questions of fact or law, the department shall issue a complaint
				and schedule the matter for hearing. If the informal hearing conference
				discloses that the unfair labor practice charges are frivolous and not made in
				good faith and do not give rise to substantial questions of fact or law, the
				unfair labor practice charges shall be dismissed and those persons or
				organizations named in such charges shall be notified in writing of such
				dismissal and the reasons for the dismissal. If the department finds that
				actionable charges have not been alleged under the provisions of the act, the
				unfair labor practice charges shall be dismissed and those persons or
				organizations named in such charges shall be notified in writing of such
				dismissal and the reasons for the dismissal.
Order 72-13, § 296-133-250, 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 296-133-260 - Remedial orders

Current through Register Vol. 24-14, July 15, 2024
Remedial orders may be issued by the department which shall
				afford an appropriate remedy or relief consistent with the provisions of the
				act and the findings and conclusions of the authorized agent, which may include
				the prominent posting of such remedial orders within the health care activity
				at such place or places reasonably accessible to all employees for periods of
				time not to exceed six months.
Order 72-13, § 296-133-260, 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 296-133-270 - Extensions of time

Current through Register Vol. 24-14, July 15, 2024
Whenever in these rules provision is made for the conducting of
				a hearing by the authorized agent for the purpose of taking testimony and
				evidence after the giving of a notice of the time and place of such hearing,
				the authorized agent may upon his own motion change the time for such hearing
				to a later date and change the place for such hearing. In addition, any party
				to the hearing process may upon written application to the authorized agent
				upon the basis of good cause shown in such application be granted an extension
				of time and a change of the date or place or both for such hearing which is
				reasonably convenient to the parties.
Order 72-13, § 296-133-270, 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 296-133-290 - Administrative appeals to the director

Current through Register Vol. 24-14, July 15, 2024
Any employer or employee of a health care activity or employee
				organization or other person or organization who was a party in the proceeding
				before the authorized agent and aggrieved by any action taken or decision made
				by any authorized agent may appeal such action or decision to the director of
				the department of labor and industries by filing a notice of such appeal with
				the director of the department of labor and industries and the authorized agent
				within thirty days of such action or decision. The notice of appeal shall be
				accompanied by a concise numbered statement of the assignments of error which
				are to be relied upon and are the subject of the appeal. Copies of the notice
				of appeal and assignments of error shall be served upon all parties to the
				proceeding before the authorized agent. Proof of such service shall be filed in
				the office of the director. The notice of appeal may in the discretion of the
				director suspend such action or decision of the authorized agent pending the
				determination of the appeal by the director. The director shall review the
				record and written briefs on appeal filed by the respective parties and may
				bear oral argument regarding the issues on appeal. The director shall decide
				the issues raised by the appeal and shall notify all parties in writing of his
				decision. The decision of the director in the absence of an appeal to the
				superior court pursuant to the Administrative Procedure Act shall be final at
				the expiration of thirty days from the date of filing of such
				decision.
Order 72-13, § 296-133-290, 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 296-133-300 - Appeal briefs

Current through Register Vol. 24-14, July 15, 2024
Typewritten memoranda of authority or appeal briefs shall be
				filed in the office of the director by the respective parties to the appeal
				thirty days following the filing of the notice of appeal. Any party to the
				appeal filing an appeal brief may request that a hearing of oral arguments upon
				the appeal be held before the director. Parties to the appeal not filing an
				appeal brief will not be granted oral hearing of arguments before the director
				nor permitted to present oral arguments to the director at any hearing that may
				be held for the presentation of arguments on appeal. The time and place for
				hearing oral arguments, when requested, will be fixed at the expiration of the
				time for filing briefs and notice of any such hearing will be sent to all
				parties to the appeal.
Order 72-13, § 296-133-300, 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 296-133-310 - Appeal briefs - Contents

Current through Register Vol. 24-14, July 15, 2024
In addition to the cover or title pages of the brief and any
				index, appeal briefs shall consist of the following subdivisions, titled with
				distinctive type and in the order indicated:
(1) Statement of the case. Under this heading
			 the following shall be included: A brief statement of the nature of the case
			 which is the subject of the appeal and a clear and concise statement of the
			 facts appropriate to an understanding of the nature of the controversy, with
			 page references to the record on appeal.
(2) Assignments of error. Each error relied
			 upon and served with the notice of appeal shall be clearly pointed out and
			 discussed under the appropriately designed headings. No alleged error of the
			 authorized agent will be considered unless the same be definitely pointed out
			 in the assignments of error in the appellant's brief. Whenever error is
			 assigned to any findings of fact or conclusion of the authorized agent, so much
			 of the findings or conclusions claimed to be erroneous shall be set out
			 verbatim in the brief.
(3) Argument
			 of counsel for appellant shall set forth and discuss the authorities in support
			 of the position of the appellant and shall be appropriately designed and
			 arranged for discussion and argument of the assignments of error and the issues
			 arising out of such assignments of error with references where appropriate to
			 the record on appeal.
(4) Argument
			 of counsel for respondent. The brief of respondent on appeal need not contain a
			 subdivision containing the assignments of error on appeal, but in the argument
			 of counsel for respondent there shall be directed, under appropriately titled
			 sections, argument and discussion in opposition to the assignments of error of
			 the appellant, or in support of the decision of rulings of the authorized agent
			 and where appropriate with supporting references to the pages of the record on
			 appeal.
Order 72-13, § 296-133-310, 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 296-133-320 - Record on appeal

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of a copy of the notice of appeal, the authorized
				agent shall promptly cause to be prepared and forwarded to the office of the
				director the record on appeal which shall include, a transcript of the
				proceedings of any hearing held by the authorized agent, the originals of all
				exhibits or documentary evidence admitted in evidence or rejected in evidence
				by the authorized agent and any other papers or evidence before the authorized
				agent relied upon in arriving at his decision. All exhibits shall be
				appropriately and plainly marked for reference. In addition the authorized
				agent shall certify in the appropriately titled case the record on appeal as
				containing all of the evidence, matters and things coming before the authorized
				agent at the hearing, or relied upon in making his findings, conclusions,
				decision and any remedial order. A copy of the record on appeal, or any portion
				thereof, may be obtained by any party to the appeal upon payment to the
				authorized agent of the reasonable cost per page.
Order 72-13, § 296-133-320, filed
				  7/31/72.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-001 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of these rules is to administer and enforce the
				provisions of chapter 49.76 RCW, leave for victims of domestic violence, sexual
				assault, or stalking.
Statutory Authority: Chapter 49.76 RCW and 2008 c 286.
				  10-14-099, § 296-135-001, filed 7/6/10, effective
				  9/1/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Department"
			 means the department of labor and industries.
(2) "Director" means the director of the
			 department of labor and industries, or the director's designated
			 representative.
(3) "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, and includes the state, any state institution, state agency,
			 political subdivisions of the state, and any municipal corporation or
			 quasi-municipal corporation. See
			 RCW
			 49.12.005.
(4) "Employee" means an employee who is
			 employed in the business of the employee's employer, whether by way of manual
			 labor or otherwise. See
			 RCW
			 49.12.005.
(5) "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. See
			 RCW
			 49.12.265(1).
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-020 - Reasons for taking leave

Current through Register Vol. 24-14, July 15, 2024
An employee may take leave under these rules to:
(1) Seek legal or law enforcement assistance
			 or remedies to ensure the employee's or family member(s)' health and safety
			 including, but not limited to, preparing for, or participating in, any civil or
			 criminal legal proceeding related to or derived from domestic violence, sexual
			 assault, or stalking. "Related to or derived from" means any civil or criminal
			 legal proceeding that is triggered, in whole or in part, by an act of domestic
			 violence, sexual assault, or stalking against any employee or family member
			 covered by these rules.
Note:
Whether a legal proceeding is "related to or derived
						  from" domestic violence, sexual assault, or stalking depends on the facts and
						  must be reviewed on an individual basis.
(2)
			 Seek treatment by a health care provider for physical or mental injuries caused
			 by domestic violence, sexual assault, or stalking.
(3) Attend to health care treatment for a
			 victim who is the employee's family member.
(4) Obtain, or assist the employee's family
			 member(s) in obtaining, services from:
(a) A
			 domestic violence shelter; or
(b) A
			 rape crisis center; or
(c) A social
			 services program for relief from domestic violence, sexual assault, or
			 stalking.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-030 - Types of activities for which leave is allowed

Current through Register Vol. 24-14, July 15, 2024
To qualify for leave and protections under these rules, an
				employee must engage in one or more of the activities described in WAC
				296-135-020, regardless of when
				the employee or family member became a victim.
Example 1: An employee's family member becomes a victim of
				domestic violence and suffers physical injuries. The employee takes time off
				from work to take the family member to the hospital for treatment for the
				injuries. The employee is covered by these rules.
Example 2: An employee's family member becomes a victim of
				domestic violence. The employee takes time off from work but does not engage in
				any of the activities described in WAC
				296-135-020. The employee is not
				covered by these rules.
Statutory Authority: Chapter 49.76 RCW and 2008 c 286.
				  10-14-099, § 296-135-030, filed 7/6/10, effective
				  9/1/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-040 - Choice and manner of leave allowed

Current through Register Vol. 24-14, July 15, 2024
(1) An employee may choose to take any of the
			 following types of leave under these rules:
(a) Unpaid leave; or
(b) Paid leave, including sick leave and
			 other paid time off; or
(c)
			 Compensatory time.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-050 - Duration of leave allowed

Current through Register Vol. 24-14, July 15, 2024
An employee is allowed to take leave that is reasonable in
				duration. The reasonableness of duration of leave must be determined on a
				case-by-case basis considering the reasons for taking leave under
				RCW
				49.76.030 and WAC
				296-135-020.
Statutory Authority: Chapter 49.76 RCW and 2008 c 286.
				  10-14-099, § 296-135-050, filed 7/6/10, effective
				  9/1/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-060 - Advance notice and timing

Current through Register Vol. 24-14, July 15, 2024
(1)
Advance notice for foreseeable leave.
As a condition of taking
			 foreseeable leave, an employee shall give advance oral or written notice of the
			 employee's intention to take leave under
			 RCW
			 49.76.030 and these rules, subject to
			 subsection (2) of this section.
(a) If the
			 employer has a stated policy that requires advance notice for foreseeable leave
			 then the employee shall follow that policy. A "stated policy" means a written
			 policy communicated to the employee prior to the employee requesting leave
			 under these rules.
(b) If the
			 employer does not have a stated policy that requires advance notice for
			 foreseeable leave under these rules by a certain time, then the employee must
			 give advance notice as soon as practicable for the leave requested.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-070 - Verification

Current through Register Vol. 24-14, July 15, 2024
(1) An employer may
			 require an employee requesting leave to verify that:
(a) The employee or the employee's family
			 member is a victim; and
(b) The
			 leave taken was for one of the activities described in
			 RCW
			 49.76.030 and WAC
			 296-135-020.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-080 - Employee's duty to provide information to the employer

Current through Register Vol. 24-14, July 15, 2024
(1) An employee is required to provide only
			 the information required under
			 RCW
			 49.76.040(2) and WAC
			 296-135-070 to establish that the
			 leave is protected under
			 RCW
			 49.76.030.
(2) An employer is prohibited from requiring
			 any information that is beyond the scope of
			 RCW
			 49.76.040(2) and WAC
			 296-135-070.
(3) An employee is not required to produce or
			 discuss with the employer, and the employer is prohibited from requiring, any
			 information that would compromise the employee's or employee's family member's
			 safety in any way.
Statutory Authority: Chapter 49.76 RCW and 2008 c 286.
				  10-14-099, § 296-135-080, filed 7/6/10, effective
				  9/1/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-090 - Employer's duty to keep information confidential

Current through Register Vol. 24-14, July 15, 2024
For purposes of this section, designated representatives
				include supervisors, human resource and payroll personnel, members of a safety
				team, and other personnel whose job duties require them to act on requests for
				leave by employees.
(1) An employer
			 and designated representatives shall maintain the confidentiality of all
			 information provided by the employee, including:
(a) The fact that the employee or a family
			 member is a victim; and
(b) That
			 the employee requested or obtained leave; and
(c) Any written or oral statement,
			 documentation, record, or corroborating evidence provided by the
			 employee.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-100 - Maintaining pay and benefits accrued before taking leave

Current through Register Vol. 24-14, July 15, 2024
When an employee takes leave under
				RCW
				49.76.030 and these rules, the employee shall
				not lose any pay or benefits that accrued to the employee before the date on
				which the leave started.
Statutory Authority: Chapter 49.76 RCW and 2008 c 286.
				  10-14-099, § 296-135-100, filed 7/6/10, effective
				  9/1/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-110 - Employer's duty after employee returns from leave

Current through Register Vol. 24-14, July 15, 2024
(1) Upon an employee's return from leave
			 under RCW
			 49.76.030 and these rules, an employer shall
			 either:
(a) Restore the employee to the
			 position of employment held by the employee when the leave commenced;
			 or
(b) Restore the employee to an
			 equivalent position with equivalent employment benefits, pay, and other terms
			 and conditions of employment.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-120 - Health insurance during leave

Current through Register Vol. 24-14, July 15, 2024
To the extent allowed by law, an employer must maintain
				coverage under any health insurance plan for an employee who takes leave under
				RCW
				49.76.030 and these rules. Coverage must be
				for the duration of the leave and at the level and under the conditions
				coverage would have been provided if the employee had not taken the
				leave.
Statutory Authority: Chapter 49.76 RCW and 2008 c 286.
				  10-14-099, § 296-135-120, filed 7/6/10, effective
				  9/1/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-130 - Rights are in addition to other rights

Current through Register Vol. 24-14, July 15, 2024
(1) The rights under chapter 49.76 RCW and
			 this chapter are in addition to any other rights provided by state and federal
			 law.
(2) An employer may adopt
			 policies that provide greater leave rights to employees who are or who have
			 family members who are victims.
(3)
			 These rules do not diminish an employer's obligation to comply with any
			 collective bargaining agreement, or any employment benefit program or plan,
			 that provides greater leave rights to employees than the rights provided under
			 chapter 49.76 RCW and these rules.
Statutory Authority: Chapter 49.76 RCW and 2008 c 286.
				  10-14-099, § 296-135-130, filed 7/6/10, effective
				  9/1/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-140 - Complaints - Investigation - Notice of infraction - Determination of compliance

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Upon complaint by an employee of an employer's violation of chapter 49.76 RCW
			 and these rules, the director shall investigate the complaint.
(2) If the director determines that an
			 employer has violated chapter 49.76 RCW and these rules, the director shall
			 issue a notice of infraction and may:
(a)
			 Impose a fine of up to five hundred dollars for the first infraction;
			 and
(b) Impose a fine of up to one
			 thousand dollars for each subsequent infraction committed within three years of
			 a previous infraction; and
(c)
			 Order an employer to restore the employee to a position of employment under
			 RCW
			 49.76.050(2) and WAC
			 296-135-110(1),
			 except as limited by
			 RCW
			 49.76.050(3) and WAC
			 296-135-110(2).
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-150 - Appeals from notices of infraction and determinations of compliance

Current through Register Vol. 24-14, July 15, 2024
(1) Except as
			 otherwise provided in chapter 49.76 RCW and these rules, appeal from the
			 director's decision is governed by the Administrative Procedure Act,
			 chapter
			 34.05 RCW and the model
			 rules of procedure, chapter 10-08 WAC. An employer or employee may file an
			 appeal from a notice of infraction or determination of compliance under chapter
			 49.76 RCW and these rules within twenty days of issuance of the decision. The
			 appealing party shall file two copies of its notice of appeal with the
			 department at the office designated on the notice of infraction or
			 determination of compliance. If no party files an appeal from the notice of
			 infraction or determination of compliance within twenty days of its issuance,
			 the notice of infraction or determination of compliance is final and binding
			 and not subject to further appeal.
(2) Upon receipt of a timely appeal of a
			 notice of infraction or determination of compliance, the department must:
(a) Notify the employer and employee of the
			 receipt of the appeal; and
(b)
			 Conduct a hearing in accordance with
			 chapter
			 34.05 RCW and chapter
			 10-08 WAC.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-160 - Civil actions - Right to file; exhaustion of administrative remedies not required

Current through Register Vol. 24-14, July 15, 2024
(1) An employee
			 aggrieved by any act in violation of chapter 49.76 RCW and these rules has the
			 right to file a civil action in court for an injunction, actual damages, costs,
			 and reasonable attorneys' fees.
(2)
			 An employee need not exhaust administrative remedies before filing a civil
			 action.
(3) The right to file a
			 civil action under
			 RCW
			 49.76.100 is in addition to any common law
			 remedy or any other remedy that may be available to an employee.
Statutory Authority: Chapter 49.76 RCW and 2008 c 286.
				  10-14-099, § 296-135-160, filed 7/6/10, effective
				  9/1/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-170 - Effect of administrative actions and resulting legal proceedings on any civil action by employee

Current through Register Vol. 24-14, July 15, 2024
Regardless of whether the prior administrative action was
				between the same or related parties or involved the same facts, any finding,
				determination, conclusion, declaration, notice of infraction, or determination
				of compliance (collectively called "administrative actions") resulting from a
				complaint by an employee against an employer to the department under chapter
				49.76 RCW and these rules is neither conclusive nor binding in any civil suit
				by an employee against an employer. Such administrative actions are actions by
				the director, an appeal tribunal, an administrative law judge, or a reviewing
				officer, to include a member of the judiciary upon judicial review under
				chapter
				34.05
				RCW.
Statutory Authority: Chapter 49.76 RCW and 2008 c 286.
				  10-14-099, § 296-135-170, filed 7/6/10, effective
				  9/1/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-180 - Confidentiality of information

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Information and records of employees contained in the department's complaint
			 files under chapter 49.76 RCW and these rules are confidential and shall not be
			 open to public inspection, except as provided in subsection (2) of this
			 section.
(2) Except as limited by
			 federal or state statutes or regulations:
(a)
			 The department may provide information and records in subsection (1) of this
			 section to public employees in the performance of their official duties;
			 and
(b) A complainant, or a
			 representative of a complainant, whether it is an individual or an
			 organization, may review a complaint file or receive specific information after
			 providing a signed authorization of the complainant to the
			 department.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-190 - Prohibited acts

Current through Register Vol. 24-14, July 15, 2024
An employer cannot discharge, threaten to discharge, demote,
				deny a promotion to, sanction, discipline, retaliate against, harass, or
				otherwise discriminate against an employee with respect to compensation, terms,
				conditions, or privileges of employment because the employee:
(1) Exercised or attempted to exercise the
			 right to take leave under
			 RCW
			 49.76.030;
(2) Filed or communicated to the employer an
			 intent to file a complaint with the department under
			 RCW
			 49.76.070 or a civil action under
			 RCW
			 49.76.100; or
(3) Participated or assisted, as a witness or
			 otherwise, in another employee's attempt to exercise rights under
			 RCW
			 49.76.030,
			 49.76.070, or
			 49.76.100.
Statutory Authority: Chapter 49.76 RCW and 2008 c 286.
				  10-14-099, § 296-135-190, filed 7/6/10, effective
				  9/1/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-200 - Posting requirement

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department shall include notice of the provisions under chapter 49.76 RCW in
			 its posters under
			 RCW
			 49.78.340.
(2) Employers shall post the notice as
			 required by
			 RCW
			 49.78.340.
Statutory Authority: Chapter 49.76 RCW and 2008 c 286.
				  10-14-099, § 296-135-200, filed 7/6/10, effective
				  9/1/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-135 - Leave for victims of domestic violence, sexual assault, or stalking › Section 296-135-210 - Notice to employees - Prosecutors - Victims' advocates

Current through Register Vol. 24-14, July 15, 2024
Prosecuting attorney and victim/witness offices are encouraged
				to make information regarding chapter 49.76 RCW and these rules available for
				distribution at their offices.
Statutory Authority: Chapter 49.76 RCW and 2008 c 286.
				  10-14-099, § 296-135-210, filed 7/6/10, effective
				  9/1/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-136 - Labor standards for quotas at warehouse distribution centers › Section 296-136-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Adverse action" means any action taken
			 or threatened by an employer against an employee for their exercise of chapter
			 49.84 RCW rights, which may include, but is not limited to:
(a) Terminating, suspending, demoting, or
			 denying a promotion;
(b) Changing
			 the number of work hours for which the employee is scheduled;
(c) Altering the employee's preexisting work
			 schedule;
(d) Reducing the
			 employee's rate of pay;
(e)
			 Threatening to take, or taking action, based upon the immigration status of an
			 employee, former employee, or an employee or former employee's family member;
			 and
(f) Preventing future job
			 opportunities whether for the employer or elsewhere.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-136 - Labor standards for quotas at warehouse distribution centers › Section 296-136-020 - Determining employer size for quota requirement coverage

Current through Register Vol. 24-14, July 15, 2024
Employer size for the purposes of this chapter is determined
				based on the number of employees on the day of the alleged violation or the
				average number of employees over the previous 12 months, whichever is greater.
				For businesses operating less than one year, the size is based on the maximum
				number of employees since the company has been in business.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-136 - Labor standards for quotas at warehouse distribution centers › Section 296-136-030 - Warehouse quota written descriptions and notices

Current through Register Vol. 24-14, July 15, 2024
(1) An employer must provide to each
			 employee, upon hire, or within 30 calendar days of July 1, 2024, a written
			 description as required by RCW  49.84.020 which includes:
(a) Each quota to which the employee is
			 subject, including the quantified number of tasks to be performed or materials
			 to be produced or handled within a defined time period;
(b) Any potential adverse employment action
			 that could result from failure to meet each quota; and
(c) Any incentives or bonus programs
			 associated with meeting or exceeding each quota.