reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, AND OUTSIDE SALESPEOPLE › Section 296-128-530 - Professional

Current through Register Vol. 24-14, July 15, 2024
(1) The term
				"individual employed in a bona fide . professional capacity" in
				RCW
				49.46.010(3)(c) shall mean
				any employee:
(a) Whose primary duty consists
				of the performance of work:
(i) Requiring
				knowledge of an advanced type in a field of science or learning customarily
				acquired by a prolonged course of specialized intellectual instruction ;
				or
(ii) Requiring invention,
				imagination, originality or talent in a recognized field of artistic or
				creative endeavor; and
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, AND OUTSIDE SALESPEOPLE › Section 296-128-532 - Deductions for salaried, exempt employees

Current through Register Vol. 24-14, July 15, 2024
(1)
When does this section
				apply?
This section applies to any employee who is paid on a salary
				basis and who meets the definitions of executive, administrative, or
				professional.
(2)
What does
				salary basis mean?
Salary is where an employee regularly receives for
				each pay period of one week or longer (but not to exceed one month) a
				predetermined monetary amount (the salary) consisting of all or part of his or
				her compensation, which amount will not be less than required to be paid
				pursuant to WAC
				296-128-510 through
				296-128-530. The salary shall not
				be subject to deduction because of variations in the quantity or quality of the
				work performed, except as provided in this section. Under
				RCW
				49.46.130(2)(a), salaried
				employees may receive additional compensation or paid time off and still be
				considered exempt.
(3)
When
				are deductions from salary allowed?
(a)
				If the employee performs no work in a particular week, regardless of the
				circumstances, the employer may deduct for the entire week.
(b) When the employee takes at least a whole
				day off for personal reasons other than sickness or accident, the employer may
				deduct in full day increments.
(c)
				Deductions for absences due to sickness or disability may be made in full day
				increments if the deduction is made according to the employer's bona fide plan,
				policy or practice of providing paid sick and disability leave (other than
				industrial accidents or disability).
(i)
				Deductions are permitted when either leave is exhausted or the employee has not
				yet qualified under the plan.
(ii)
				Deductions are permitted even if an employee receives compensation under that
				plan or under workers' compensation laws.
(d) When an employee is eligible for the
				federal Family and Medical Leave Act 29 U.S.C. Sec. 2611 et seq., deductions
				may be made for partial day absences due to leave taken according to that law
				and the applicable provisions in
				chapter
				49.78 RCW.
(e) In the first and final week of
				employment, an employee's salary may be prorated for the actual days
				worked.
(f) Deductions are allowed
				for disciplinary absences that are imposed for violations of safety rules of
				major significance. This includes only those relating to the prevention of
				serious danger to the plant, the public, or other employees, such as rules
				prohibiting smoking in explosive plants or around hazardous or other flammable
				materials.
(g) Deductions are
				allowed when authorized under
				RCW
				49.48.010,
				49.52.060, or WAC
				296-126-025.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, AND OUTSIDE SALESPEOPLE › Section 296-128-533 - Public employees

Current through Register Vol. 24-14, July 15, 2024
(1)
How do the provisions specified in WAC
				296-128-532 affect public
				employees?
WAC
				296-128-532(1) through
				(5) is applicable to public employees, except
				that deductions from salary or leave banks are permitted in the following
				additional circumstances.
(a)
Deductions from salary for partial day absences:
A public employee
				who otherwise meets the requirements of WAC
				296-128-532 will not be
				disqualified from the executive, administrative, or professional exemptions on
				the basis that such public employee is paid according to a pay system that:
(i) Is established by statute, ordinance, or
				regulation, or by a policy or practice established according to principles of
				public accountability, under which the public employee accrues sick or personal
				leave (annual, vacation, etc.); and
(ii) Permits the public employee's pay to be
				reduced or the public employee to be placed on leave without pay for absences
				for personal reasons or because of illness or injury of less than one work day
				when accrued leave is not used by a public employee.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, AND OUTSIDE SALESPEOPLE › Section 296-128-540 - Outside salesperson

Current through Register Vol. 24-14, July 15, 2024
The term "individual employed in the capacity of outside
				  salesperson" in
				  RCW
				  49.46.010(3)(c) shall mean
				  any employee:
(1) Whose primary duty
				is:
(a) Making sales; including any sale,
				exchange, contract to sell, consignment for sale, shipment for sale or other
				disposition; or
(b) Obtaining
				orders or contracts for services or for the use of facilities for which a
				consideration will be paid by the client or customer; and
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, AND OUTSIDE SALESPEOPLE › Section 296-128-545 - Salary thresholds

Current through Register Vol. 24-14, July 15, 2024
To qualify as an exempt employee under this section, an
				  employee must be compensated on a salary or fee basis, exclusive of board,
				  lodging, or other facilities, as follows:
(1) Beginning July 1, 2020, and through
				December 31, 2020, an amount not less than 1.25 times the minimum wage
				prescribed in
				RCW
				49.46.020 for a forty-hour workweek
				regardless of the size of the employer;
(2) Beginning January 1, 2021, and through
				December 31, 2021:
(a) When the employee
				works for an employer with fifty or fewer employees, an amount not less than
				1.5 times the minimum wage prescribed in
				RCW
				49.46.020 for a forty-hour workweek;
				and
(b) When the employee works for
				an employer with more than fifty employees, an amount not less than 1.75 times
				the minimum wage prescribed in
				RCW
				49.46.020 for a forty-hour
				workweek.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › REGULAR RATE OF PAY AND COMPENSATORY TIME › Section 296-128-550 - Regular rate of pay

Current through Register Vol. 24-14, July 15, 2024
The regular rate of pay shall be the hourly rate at which the
				  employee is being paid, but may not be less than the established minimum wage
				  rate. Employees who are compensated on a salary, commission, piece rate or
				  percentage basis, rather than an hourly wage rate, unless specifically exempt,
				  are entitled to one and one-half times the regular rate of pay for all hours
				  worked in excess of forty per week. The overtime may be paid at one and
				  one-half times the piecework rate during the overtime period, or the regular
				  rate of pay may be determined by dividing the amount of compensation received
				  per week by the total number of hours worked during that week. The employee is
				  entitled to one and one-half times the regular rate arrived at for all hours
				  worked in excess of forty per week.
Order 76-5, § 296-128-550, filed
					 2/24/76.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › REGULAR RATE OF PAY AND COMPENSATORY TIME › Section 296-128-560 - Compensating time off in lieu of overtime pay

Current through Register Vol. 24-14, July 15, 2024
The provisions of
				  chapter
				  49.46 RCW requiring one
				  and one-half times the regular rate of pay for hours worked in excess of forty
				  per week does not apply to any person who requests compensating time off in
				  lieu of overtime pay. Therefore, compensating time may be as agreed upon by the
				  employer and the individual employee at the request of the employee, but may
				  not be imposed by the employer in lieu of overtime pay upon any employee who
				  has not so requested such compensating time off.
Order 76-5, § 296-128-560, filed
					 2/24/76.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-610 - Requirements for a written policy-Duty of the department to provide sample policies

Current through Register Vol. 24-14, July 15, 2024
Where these rules set forth requirements for an employer to
				  have a written policy (WAC 296-128-650(3), 296-128-660(2), 296-128-710(2), and
				  296-128-730(4) ), the department shall, in consultation with employee and
				  employer representatives, develop sample policies which meet the department's
				  standard for compliance with these rules. The department shall make such sample
				  policies available on the department's web site.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-620 - Paid sick leave accrual

Current through Register Vol. 24-14, July 15, 2024
(1) 
				Employees accrue paid sick leave for all hours worked. An employee must accrue
				at least one hour of paid sick leave for every forty hours worked as an
				employee. Employers may provide employees with a more generous paid sick leave
				accrual rate.
(2) Paid sick leave
				for employees who are employed on or before January 1, 2018, will accrue for
				all hours worked beginning on January 1, 2018. Employees hired after January 1,
				2018, begin accruing paid sick leave upon the commencement of his or her
				employment.
(3)  Employers are not
				required to allow employees to accrue paid sick leave for hours paid when not
				working. For example, employers are not required to allow employees to accrue
				paid sick leave during vacation, paid time off, or while using paid sick
				leave.
(4)  Employers must allow
				employees to carry over at least forty hours of accrued, unused paid sick leave
				to the following year. If an employee carries over forty hours of unused paid
				sick leave to the following year, accrual of paid sick leave in the subsequent
				year would be in addition to the forty hours accrued in the previous year and
				carried over.
(5)  Employers may
				cap carryover of accrued, unused paid sick leave to the following year at forty
				hours. Employers may allow for a more generous carryover of accrued, unused
				paid sick leave to the following year.
(6) "Year," for purposes of this section,
				means calendar year, fiscal year, benefit year, employment year, or any other
				fixed consecutive twelve-month period established by an employer policy or a
				collective bargaining agreement, and used in the ordinary course of the
				employer's business for the purpose of calculating wages and benefits. Unless
				otherwise established by the employer, the default definition of "year" is
				calendar year.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-630 - Paid sick leave usage

Current through Register Vol. 24-14, July 15, 2024
(1) An employee is
				entitled to use paid sick leave for the authorized purposes outlined in
				RCW
				49.46.210 (1)(b) and (c).
				This right means an employee has the choice about whether or not to use
				accrued, unused paid sick leave when a qualified purpose occurs and an employer
				may not require an employee to use accrued, unused paid sick leave if the
				employee does not choose to request to use paid sick leave.
(2) An employee is entitled to use accrued,
				unused paid sick leave beginning on the 90th calendar day after the
				commencement of their employment. Employers may allow employees to use accrued,
				unused paid sick leave prior to the 90th calendar day after the commencement of
				their employment.
(3) Beginning on
				the 90th calendar day after the commencement of their employment, employers
				must make accrued paid sick leave available to employees for use in a manner
				consistent with the employer's established payment interval or leave records
				management system, not to exceed one month after the date of accrual.
(4) Unless a greater increment is approved by
				a variance as provided by WAC
				296-128-640, employers must allow
				employees to use paid sick leave in increments consistent with the employer's
				payroll system and practices, not to exceed one hour. For example, if an
				employer's normal practice is to track increments of work for the purposes of
				compensation in 15-minute increments, then an employer must allow employees to
				use paid sick leave in 15-minute increments.
(5) Paid sick leave pay may be paid to
				construction workers covered by a collective bargaining agreement before the
				usage of the leave under the terms of a collective bargaining agreement if an
				employer meets the requirements of
				RCW
				49.46.180 and any applicable rules.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-640 - Variance from required increments of paid sick leave usage

Current through Register Vol. 24-14, July 15, 2024
(1)  The department
				shall grant a variance from the increments required by WAC 296-128-630(4) for
				"good cause. "Good cause means situations where an employer can establish that
				compliance with the requirements for increments of use are infeasible, and that
				granting a variance does not have a significant harmful effect on the health,
				safety, and welfare of the involved employees. The existence of a collective
				bargaining agreement which sets forth increments of use may be used as a factor
				in determining good cause for granting a variance from the increments required
				by WAC 296-128-630(4).
(2) An
				employer may seek a variance from the requirement to provide employees with
				paid sick leave in increments greater than the increments required by WAC
				296-128-630(4) by submitting a written application to the department. The
				application must contain the following:
(a) 
				A justification for the variance, which establishes good cause for providing
				paid sick leave in increments greater than the increments required by WAC
				296-128-630(4);
(b) The paid sick
				leave increments of use being sought;
(c) The group of employees for whom the
				variance is sought; and
(d)
				Evidence that the employer provided to the involved employees and, if
				applicable, to their union representatives, the following:
(i)  A copy of the written request for a
				variance;
(ii)  Information about
				the right of the involved employees and, if applicable, their union
				representatives, to be heard by the department during the variance application
				review process;
(iii)  Information
				about the process by which involved employees and, if applicable, their union
				representatives, may make a written request to the director for
				reconsideration, subject to the provisions outlined in subsection (7) of this
				section; and
(iv)  The department's
				address and phone number, or other contact information.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-650 - Reasonable notice

Current through Register Vol. 24-14, July 15, 2024
(1)  An employer
				may require employees to give reasonable notice of an absence from work for the
				use of paid sick leave for an authorized purpose under
				RCW
				49.46.210(1)(b). Employers
				may require employees to comply with the employer's notification policies, as
				long as such policies do not interfere with an employee's lawful use of paid
				sick leave.
(a)  If the need for paid sick
				leave is foreseeable, the employer may require advance notice from the
				employee. Unless the employer allows less advance notice, the employee must
				provide notice at least ten days, or as early as practicable, in advance of the
				use of paid sick leave.
(b) If the
				need for paid sick leave is unforeseeable, the employer may require notice from
				the employee. The employee must provide notice to the employer as soon as
				possible before the required start of their shift, unless it is not practicable
				to do so. In the event it is impracticable for an employee to provide notice to
				their employer, a person on the employee's behalf may provide notice to the
				employer.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-660 - Verification for absences exceeding three days

Current through Register Vol. 24-14, July 15, 2024
(1) For absences exceeding three days, an
				employer may require verification that an employee's use of paid sick leave is
				for an authorized purpose under
				RCW
				49.46.210(1)(b) and
				(c).
(2)
				 If an employer requires verification for the use of paid sick
				leave under
				RCW
				49.46.210(1)(b) and (c), the
				employer must have a written policy or a collective bargaining agreement
				outlining any such requirements. The employer must notify the employee of such
				policy or agreement, including the employee's right to assert that the
				verification requirement results in an unreasonable burden or expense on the
				employee, prior to requiring the employee to provide verification. An employer
				must make this information readily available to all employees.
(3) If an employer requires an employee to
				provide verification from a health care provider identifying the need for use
				of paid sick leave for an authorized purpose under
				RCW
				49.46.210(1)(b) and (c), the
				employer must not require that the information provided explain the nature of
				the condition. If the employer obtains any health information about an employee
				or an employee's family member, the employer must treat such information in a
				confidential manner consistent with applicable privacy laws.
(4) Employer-required verification may not
				result in an unreasonable burden or expense on the employee.
(a)  If an employer requires verification,
				and the employee anticipates that the requirement will result in an
				unreasonable burden or expense, the employee must be allowed to provide an oral
				or written explanation to their employer which asserts:
(i)  That the employee's use of paid sick
				leave was for an authorized purpose under
				RCW
				49.46.210(1)(b) or (c);
				and
(ii)  How the employer's
				verification requirement creates an unreasonable burden or expense on the
				employee.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-670 - Rate of pay for use of paid sick leave

Current through Register Vol. 24-14, July 15, 2024
(1) For each hour
				of paid sick leave used, an employee must be paid the greater of the minimum
				hourly wage rate established by
				RCW
				49.46.020 or their normal hourly
				compensation.
(2) For each hour of
				paid sick leave paid out to a construction worker following separation, the
				construction worker must be paid the greater of the minimum hourly wage rate
				established by
				RCW
				49.46.020 or their normal hourly
				compensation.
(3) An employer must
				calculate an employee's normal hourly compensation using a reasonable
				calculation based on the hourly rate that an employee would have earned for the
				time during which the employee used paid sick leave. Examples of reasonable
				calculations to determine normal hourly compensation include, but are not
				limited to:
(a) For an employee paid partially
				or wholly on a commission basis, dividing the total earnings by the total hours
				worked in the full pay periods in the prior 90 days of employment;
(b) For an employee paid partially or wholly
				on a piece rate basis, dividing the total earnings by the total hours worked in
				the most recent workweek in which the employee performed identical or
				substantially similar work to the work they would have performed had they not
				used paid sick leave;
(c) For a
				nonexempt employee paid a salary, dividing the annual salary by 52 to determine
				the weekly salary, and then dividing the weekly salary by the employee's normal
				scheduled hours of work;
(d) For an
				employee whose hourly rate of pay fluctuates:
(i) Where the employer can identify the
				hourly rates of pay for which the employee was scheduled to work, a calculation
				equal to the scheduled hourly rates of pay the employee would have earned
				during the period in which paid sick leave is used;
(ii) Where the employer cannot identify the
				hourly rates of pay for which the employee would have earned if the employee
				worked, a calculation based on the employee's average hourly rate of pay in the
				current or preceding 30 days, whichever yields the higher hourly
				rate.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-680 - Payment of paid sick leave

Current through Register Vol. 24-14, July 15, 2024
(1) Unless
				verification for absences exceeding three days is required by an employer, the
				employer must pay paid sick leave to an employee no later than the payday for
				the pay period in which the paid sick leave was used by the employee. If
				verification is required by the employer, paid sick leave must be paid to the
				employee no later than the payday for the pay period during which verification
				is provided to the employer by the employee.
(2) The employer must pay the balance of
				accrued and unused paid sick leave to a construction worker under
				RCW
				49.46.210(1)(l) (effective
				January 1, 2024), at the end of the established pay period, pursuant to
				RCW
				49.48.010(2), following the
				construction worker's separation.
(3) Payment of paid sick leave at the normal
				hourly compensation to construction workers covered by a collective bargaining
				agreement may occur before usage, as authorized by
				RCW
				49.46.180 and applicable rules.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-690 - Separation and reinstatement of accrued paid sick leave upon rehire

Current through Register Vol. 24-14, July 15, 2024
Except as provided for construction workers by
				  RCW
				  49.46.210 (1)(l) (effective
				  January 1, 2024) and applicable rules, and provided for construction workers
				  covered by collective bargaining agreements by
				  RCW
				  49.46.180 and applicable rules:
(1) When an employee separates from
				employment and is rehired within 12 months of separation by the same employer,
				whether at the same or a different business location of the employer, the
				employer must comply with the provisions of
				RCW
				49.46.210 (1)(k). If an
				employee separates from employment, the employer is not required to provide
				financial or other reimbursement to the employee for accrued, unused paid sick
				leave at the time of separation.
(2) An employer may choose to reimburse an
				employee for any portion of their accrued, unused paid sick leave at the time
				the employee separates from employment.
(a) If
				an employer chooses to reimburse an employee for any portion of their accrued,
				unused paid sick leave at the time the employee separates from employment, any
				such terms for reimbursement must be mutually agreed upon in writing by both
				the employer and the employee, unless the right to such reimbursement is set
				forth elsewhere in state law or through a collective bargaining
				agreement.
(b) If an employee is
				rehired by the same employer, whether at the same or a different business
				location of the employer, within 12 months after the date the employee
				separates from employment, the employer must reinstate the employee's
				previously accrued, unused paid sick leave. An employer need not reinstate any
				hours of paid sick leave previously provided to the employee through financial
				or other reimbursement at the time of separation, as long as the value of the
				paid sick leave was established and paid at a rate that was at least equal to
				the employee's normal hourly compensation.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-700 - Paid time off (PTO) programs

Current through Register Vol. 24-14, July 15, 2024
(1) A PTO program
				is a program that combines more than one type of leave, including all paid sick
				leave, into one bank of leave (i.e., a program that combines vacation leave, or
				other discretionary forms of leave, and paid sick leave into one bank). Paid
				time off (PTO) provided to employees by an employer's PTO program satisfies the
				requirement to provide paid sick leave if:
(a) The PTO program meets or exceeds the
				provisions of
				RCW
				49.46.200 and
				49.46.210, and all applicable
				rules including, but not limited to:
(i)
				Accrual of PTO leave at a rate of not less than one hour for every 40 hours
				worked as an employee;
(ii) Payment
				for PTO leave at the greater of the minimum hourly wage rate established by
				RCW
				49.46.020 or the normal hourly
				compensation;
(iii) Carryover of at
				least 40 hours of accrued, unused PTO leave to the following year ("year" as
				defined at WAC
				296-128-620(6));
(iv) Access to all PTO leave in the bank on
				the same terms for all the purposes authorized under
				RCW
				49.46.210 (1)(b) and (c)
				except as provided in subsection (2) of this section;
(v) Recordkeeping requirements set forth in
				WAC 296-128-010 and
				296-128-755; and
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-710 - Shared leave

Current through Register Vol. 24-14, July 15, 2024
(1)  An employer
				may establish a shared paid sick leave program in which an employee may choose
				to donate paid sick leave to a co-worker.
(2)
				 If an employer establishes a shared paid sick leave program, the
				employer must have a written policy or a collective bargaining agreement which
				specifies that an employee may donate accrued, unused paid sick leave to a
				co-worker for purposes authorized under
				RCW
				49.46.210(1)(b) and (c).
The employer must notify employees of such policy or
				  agreement prior to allowing an employee to donate or use shared paid sick
				  leave. An employer must make this information readily available to all
				  employees.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-720 - Shift swapping

Current through Register Vol. 24-14, July 15, 2024
(1)  An
				employer may not require, as a condition of an employee using paid sick leave,
				that the employee search for or find a replacement worker to cover the hours
				during which the employee is using paid sick leave.
(2)  Upon mutual agreement by the employer
				and employee(s) involved, an employee may work additional hours or shifts, or
				trade shifts with another employee, in lieu of using available paid sick leave
				for missed hours or shifts that qualify for the use of paid sick
				leave.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-730 - Frontloading

Current through Register Vol. 24-14, July 15, 2024
(1) An employer
				may, but is not required to, front load paid sick leave to an employee in
				advance of accrual. An employer that allows an employee to go into "negative
				balances" of paid sick leave (i.e., where paid sick leave has not accrued and
				the employer allows its use) is front loading paid sick leave to the
				employee.
(2) If an employer
				frontloads paid sick leave, the employer must ensure that such frontloaded paid
				sick leave complies with the provisions of
				RCW
				49.46.180,
				49.46.200, and
				49.46.210, and all applicable
				rules.
(3) If an employer
				frontloads paid sick leave, the employer must do so by using a reasonable
				calculation, consistent with the accrual requirement set forth under
				RCW
				49.46.210 (1)(a), to
				determine the amount of paid sick leave the employee would be projected to
				accrue during the period of time for which paid sick leave is being
				frontloaded.
(a) If the employer calculates
				and frontloads, and an employee subsequently uses, an amount of paid sick leave
				which exceeds the paid sick leave the employee would have otherwise accrued
				absent frontloading, the employer shall not seek reimbursement from the
				employee for such paid sick leave used during the course of ongoing
				employment.
(b) If an employer
				frontloads paid sick leave to an employee, but such frontloaded paid sick leave
				is less than the amount the employee was entitled to accrue under
				RCW
				49.46.210 (1)(a), the
				employer must make such additional amounts of paid sick leave available for use
				by the employee as soon as practicable, but no later than 30 days after
				identifying the discrepancy.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-740 - Third-party administrators

Current through Register Vol. 24-14, July 15, 2024
(1) Employers may
				contract with a third-party administrator in order to administer the paid sick
				leave requirements under
				RCW
				49.46.180,
				49.46.200, and
				49.46.210, and all applicable
				rules.
(2) Employers are not
				relieved of their obligations under
				RCW
				49.46.200 and
				49.46.210, and all applicable
				rules, if they elect to contract with a third-party administrator to administer
				paid sick leave requirements. With the consent of employers, third-party
				administrators may pool an employee's accrued, unused paid sick leave from
				multiple employers as long as the accrual rate is at least equal to one hour of
				paid sick leave for every 40 hours worked as an employee. For example, if a
				group of employers have employees who perform work for various employers at
				different times, the employers may choose to contract with a third-party
				administrator to track the hours worked and rate of accrual for paid sick leave
				for each employee, and pool such accrued, unused paid sick leave for use by the
				employee when the employee is working for any employers in the same third-party
				administrator network.
(3) A
				collective bargaining agreement may outline the provisions for an employer to
				use a third-party administrator as long as such provisions meet all paid sick
				leave requirements under
				RCW
				49.46.180,
				49.46.200, and
				49.46.210, and all applicable
				rules.
(4) An employer may utilize
				a third-party administrator in order to meet separation payout requirements
				under RCW
				49.46.210 (1)(l) (effective
				January 1, 2024) and applicable rules.
(5) Under the terms of a collective
				bargaining agreement, an employer may meet its obligation to meet separation
				payout requirements under
				RCW
				49.46.210 (1)(l) (effective
				January 1, 2024) and applicable rules by providing the third-party
				administrator a payment of any accrued unused leave, including regular payments
				meant to satisfy paid sick leave payment requirements. The third-party
				administrator may maintain a leave balance the employee may access after the
				separation of employment subject to the terms of the collective bargaining
				agreement.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-750 - Employee use of paid sick leave for unauthorized purposes

Current through Register Vol. 24-14, July 15, 2024
(1)  If an employer can demonstrate that an
				employee's use of paid sick leave was for a purpose not authorized under
				RCW
				49.46.210(1)(b) and (c), the
				employer may withhold payment of paid sick leave for such hours, but may not
				subsequently deduct those hours from an employee's legitimately accrued, unused
				paid sick leave hours.
(2)  If an
				employer withholds payment for the use of paid sick leave for purposes not
				authorized under
				RCW
				49.46.210(1)(b) and (c), the
				employer must provide notification to the employee. If the employee maintains
				that the use of paid sick leave was for an authorized purpose, the employee may
				file a complaint with the department.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-755 - Employer notification and reporting to employees

Current through Register Vol. 24-14, July 15, 2024
(1) Employers must notify each employee of
				their entitlement to paid sick leave, the rate at which the employee will
				accrue paid sick leave, the authorized purposes under which paid sick leave may
				be used, the employer's intention to use a PTO program to meet requirements
				under RCW
				49.46.210 (if applicable), and that
				retaliation by the employer for the employee's lawful use of paid sick leave
				and other rights provided under chapter 49.46 RCW, and all applicable rules, is
				prohibited.
(a) Employers must provide such
				notification in written or electronic form, and must make this information
				readily available to all employees.
(b) For employees hired on or after January
				1, 2018, employers must notify each employee of such rights no later than the
				commencement of their employment. For existing employees as of January 1, 2018,
				the employer must notify each employee no later than March 1, 2018.
(c) The department shall, in consultation
				with employee and employer representatives, develop sample notification
				policies that meet the department's standard for compliance with these rules.
				The department shall make such sample notification policies available on the
				department's website.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-760 - Construction workers covered by a collective bargaining agreement under RCW 49.46.180

Current through Register Vol. 24-14, July 15, 2024
(1)
Payment
				before usage.
RCW
				49.46.180 allows a construction worker
				covered by a collective bargaining agreement to receive payment for paid sick
				leave before usage under the terms of a collective bargaining agreement if:
(a) The leave itself becomes available for
				protected use by at least the 90th calendar day of employment as established in
				RCW
				49.46.210 (1)(d);
(b) The union signatory to the collective
				bargaining agreement is an approved referral union program authorized under
				RCW
				50.20.010 and WAC
				192-210-110;
(c) The collective bargaining agreement
				provides equivalent sick leave provisions that meet the requirements of
				RCW
				49.46.200 through
				49.46.830, and all applicable
				rules; and
(d) The requirements of
				RCW
				49.46.200 through
				49.46.830 are expressly waived in
				the collective bargaining agreement in clear and unambiguous terms or in an
				addendum to an existing agreement including an agreement that is open for
				negotiation provided the sick leave portions were previously ratified by the
				membership.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-765 - Construction workers under RCW 49.46.210 (1)(l) (effective January 1, 2024)

Current through Register Vol. 24-14, July 15, 2024
(1) Following
				separation, employers must pay the balance of accrued and unused paid sick
				leave to construction workers classified under NAICS code 23 who have not
				reached the 90th calendar day of employment, except for construction workers
				who perform work limited to work only under NAICS code 236100.
(2) When a construction worker is rehired
				within 12 months of separation, whether at the same or a different business
				location of the employer, any sick leave previously paid out following
				separation does not need to be reinstated.
(3) When a construction worker is rehired
				within 12 months of separation, whether at the same or a different business
				location of the employer, the previous period of employment must be counted for
				purposes of determining the date upon which the employee is entitled to use
				paid sick leave.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › MINIMUM WAGE ACT PROTECTIONS AND ENFORCEMENT › Section 296-128-770 - Retaliation

Current through Register Vol. 24-14, July 15, 2024
(1)  It is unlawful
				for an employer to interfere with, restrain, or deny the exercise of any
				employee right provided under or in connection with chapter 49.46 RCW. This
				means an employer may not use an employee's exercise of any of the rights
				provided under chapter 49.46 RCW as a negative factor in any employment action
				such as evaluation, promotion, or termination, or otherwise subject an employee
				to discipline for the exercise of any rights provided under chapter 49.46
				RCW.
(2) It is unlawful for an
				employer to adopt or enforce any policy that counts the use of paid sick leave
				for a purpose authorized under
				RCW
				49.46.210(1)(b) and (c) as
				an absence that may lead to or result in discipline by the employer against the
				employee.
(3)  It is unlawful for
				an employer to take any adverse action against an employee because the employee
				has exercised their rights provided under chapter 49.46 RCW. Such rights
				include, but are not limited to: Filing an action, or instituting or causing to
				be instituted any proceeding under or related to chapter 49.46 RCW; exercising
				their right to paid sick leave, minimum wage, overtime, tips and gratuities; or
				testifying or intending to testify in any such proceeding related to any rights
				provided under chapter 49.46 RCW.
(4) Adverse action means any action taken or
				threatened by an employer against an employee for their exercise of chapter
				49.46 RCW rights, which may include, but is not limited to:
(a) Denying use of, or delaying payment for,
				paid sick leave, minimum wages, overtime wages, all tips and gratuities, and
				all service charges, except those service charges itemized as not being payable
				to the employee or employees servicing the customer;
(b)  Terminating, suspending, demoting, or
				denying a promotion;
(c)  Reducing
				the number of work hours for which the employee is scheduled;
(d) Altering the employee's preexisting work
				schedule;
(e) Reducing the
				employee's rate of pay; and
(f)
				Threatening to take, or taking action, based upon the immigration status of an
				employee or an employee's family member.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › MINIMUM WAGE ACT PROTECTIONS AND ENFORCEMENT › Section 296-128-790 - Enforcement - Retaliation - Civil penalties

Current through Register Vol. 24-14, July 15, 2024
(1) If the department's investigation finds
				that an employer retaliated against an employee, pursuant to the procedures
				outlined in WAC 296-128-780, the department may order the employer to pay the
				department a civil penalty. A civil penalty for an employer's retaliatory
				action will not be less than one thousand dollars or an amount equal to ten
				percent of the total amount of unpaid earnings attributable to the retaliatory
				action, whichever is greater. The maximum civil penalty for an employer's
				retaliatory action shall be twenty thousand dollars for the first violation,
				and forty thousand dollars for each repeat violation.
(2) The department may, at any time, waive or
				reduce any civil penalty assessed against an employer under this section if the
				department determines that the employer has taken corrective action to remedy
				the retaliatory action.
(3) The
				department will deposit civil penalties paid under this section in the
				supplemental pension fund established under
				RCW
				51.44.033.
(4) Collections of amounts owed for unpaid
				citations and notices of assessment, as detailed in WAC 296-128-780(5), will be
				handled pursuant to the procedures outlined in
				RCW
				49.48.086.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › MINIMUM WAGE ACT PROTECTIONS AND ENFORCEMENT › Section 296-128-800 - Enforcement - Retaliation - Appeals

Current through Register Vol. 24-14, July 15, 2024
(1) A person, firm, or corporation aggrieved
				by a citation and notice of assessment or a determination of compliance may,
				within thirty days after the date of such decision, submit a request for
				reconsideration to the department setting forth the grounds for seeking such
				reconsideration, or submit an appeal to the director pursuant to the procedures
				outlined in subsection (4) of this section. If the department receives a timely
				request for reconsideration, the department will either accept the request or
				treat the request as a notice of appeal.
(2) If a request for reconsideration is
				accepted, the department will send notice of the request for reconsideration to
				the employer and the employee. The department will determine if there are any
				valid reasons to reverse or modify the department's original decision to issue
				a citation and notice of assessment or determination of compliance within
				thirty days of receipt of such request. The department may extend this period
				by providing advance written notice to the employee and employer setting forth
				good cause for an extension of the period, and specifying the duration of the
				extension. After reviewing the reconsideration, the department will either:
(a) Notify the employee and the employer that
				the citation and notice of assessment or determination of compliance is
				affirmed; or
(b) Notify the
				employee and the employer that the citation and notice of assessment or
				determination of compliance has been reversed or modified.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › MINIMUM WAGE ACT PROTECTIONS AND ENFORCEMENT › Section 296-128-810 - Enforcement-Paid sick leave

Current through Register Vol. 24-14, July 15, 2024
(1) If an employee
				files a complaint with the department alleging that the employer failed to
				provide the employee with paid sick leave as provided in
				RCW
				49.46.180,
				49.46.200, and
				49.46.210, the department will
				investigate the complaint as an alleged violation of a wage payment
				requirement, as defined by
				RCW
				49.48.082(12).
(2) When the department's investigation
				results in a finding that the employer failed to provide the employee with paid
				sick leave accrual, use, or carryover during an ongoing employment
				relationship, the employee may elect to:
(a)
				Receive full access to the balance of accrued paid sick leave hours unlawfully
				withheld by the employer, based on a calculation of at least one hour of paid
				sick leave for every 40 hours worked as an employee during the period of
				noncompliance; or
(b) Receive
				payment from the employer at their normal hourly compensation for each hour of
				paid sick leave that the employee would have used or been reasonably expected
				to use, whichever is greater, during the period of noncompliance, not to exceed
				an amount the employee would have otherwise accrued. The employee will receive
				full access to the balance of accrued paid sick leave hours unlawfully withheld
				by the employer, less the number of paid sick leave hours paid out to the
				employee pursuant to this subsection.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › MINIMUM WAGE ACT PROTECTIONS AND ENFORCEMENT › Section 296-128-820 - Enforcement - Tips and service charges

Current through Register Vol. 24-14, July 15, 2024
If an employee files a complaint with the department
				  alleging that their employer failed to pay to the employee all tips and
				  gratuities due to the employee under
				  RCW
				  49.46.020, or all service charges due to the
				  employee under
				  RCW
				  49.46.020 and
				  49.46.160, the department will
				  investigate the complaint. The department will investigate the complaint
				  pursuant to the procedures outlined in the Wage Payment Act,
				  RCW
				  49.48.082 through
				  49.48.087.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › MINIMUM WAGE ACT PROTECTIONS AND ENFORCEMENT › Section 296-128-830 - Enforcement-Complaints alleging a violation of other rights under chapter 49.46 RCW-Duty of department to investigate-Citations-Civil penalties

Current through Register Vol. 24-14, July 15, 2024
(1) If an employee files a complaint with the
				department alleging a violation of the employee's rights under chapter 49.46
				RCW, and all applicable rules, that are not otherwise enforced by the
				department pursuant to WAC
				296-128-780 through
				296-128-820, or the Wage Payment
				Act, RCW
				49.48.082 through
				49.48.087, the department will
				investigate the complaint under this section. Alleged violations include, but
				are not limited to, failure of an employer to comply with: The recordkeeping
				requirements set forth in WAC
				296-128-010; the requirements to
				maintain written policies or collective bargaining agreements, as outlined in
				WAC 296-128-650(3),
				296-128-660(2),
				296-128-710(1),
				and 296-128-730(4);
				and notification and reporting requirements set forth in WAC
				296-128-755 and
				296-128-760(6).
(a) The department may not investigate any
				such alleged violation of rights that occurred more than three years before the
				date that the employee filed the complaint.
(b) If an employee files a timely complaint
				with the department, the department will investigate the complaint and issue
				either a citation assessing a civil penalty or a closure letter within 60 days
				after the date on which the department received the complaint, unless the
				complaint is otherwise resolved. The department may extend the period by
				providing advance written notice to the employee and the employer setting forth
				good cause for an extension of the period, and specifying the duration of the
				extension.
(c) The department will
				send notice of a citation assessing a civil penalty or the closure letter to
				both the employer and the employee by service of process or using a method by
				which the mailing can be tracked or the delivery can be confirmed to their last
				known addresses.