CERTIFICATION OF ENROLLMENT

 

             ENGROSSED SUBSTITUTE SENATE BILL 5264

 

 

 

 

                        57th Legislature

                      2002 Regular Session

 

Passed by the Senate March 12, 2002

  YEAS 45   NAYS 0

 

 

 

President of the Senate

 

Passed by the House March 8, 2002

  YEAS 96   NAYS 0

             CERTIFICATE

 

I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  ENGROSSED SUBSTITUTE SENATE BILL 5264 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

Speaker of the

      House of Representatives

                            Secretary

 

 

 

 

 

 

 

Approved Place Style On Codes above, and Style Off Codes below.  

                                FILED

          

 

 

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

               ENGROSSED SUBSTITUTE SENATE BILL 5264

          _______________________________________________

 

                      AS AMENDED BY THE HOUSE

 

             Passed Legislature - 2002 Regular Session

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senate Committee on Ways & Means (originally sponsored by Senators Prentice, Fraser, Patterson, Costa, Shin, Kline, Kohl‑Welles, Constantine, Jacobsen, Winsley and Gardner)

 

READ FIRST TIME 03/08/01.

Prohibiting public employers from misclassifying employees to avoid providing benefits.   


    AN ACT Relating to unfair practices by public employers with respect to eligibility for employment-based benefits; adding new sections to chapter 49.44 RCW; and creating a new section.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 49.44 RCW to read as follows:

    The legislature intends that public employers be prohibited from misclassifying employees, or taking other action to avoid providing or continuing to provide employment-based benefits to which employees are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification.

    This act does not mandate that any public employer provide benefits to actual temporary, seasonal, or part-time employees beyond the benefits to which they are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification.  Public employers may determine eligibility rules for their own benefit plans and may exclude categories of workers such as "temporary" or "seasonal," so long as the definitions and eligibility rules are objective and applied on a consistent basis.  Objective standards, such as control over the work and the length of the employment relationship, should determine whether a person is an employee who is entitled to employee benefits, rather than the arbitrary application of labels, such as "temporary" or "contractor."  Common law standards should be used to determine whether a person is performing services as an employee, as a contractor, or as part of an agency relationship.

    This act does not modify any statute or policy regarding the employment of:  Public employee retirees who are hired for postretirement employment as provided for in chapter 41.26, 41.32, 41.35, or 41.40 RCW or who work as contractors; or enrolled students who receive employment as student employees or as part of their education or financial aid.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 49.44 RCW to read as follows:

    (1) It is an unfair practice for any public employer to:

    (a) Misclassify any employee to avoid providing or continuing to provide employment-based benefits; or

    (b) Include any other language in a contract with an employee that requires the employee to forgo employment-based benefits.

    (2) The definitions in this subsection apply throughout this act unless the context clearly requires otherwise.

    (a) "Employee" means a person who is providing services for compensation to an employer, unless the person is free from the employer's direction and control over the performance of work.  This definition shall be interpreted consistent with common law.

    (b) "Employment-based benefits" means any benefits to which employees are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification.

    (c) "Public employer" means:  (i) Any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision; and (ii) the state, state institutions, and state agencies.  This definition shall be interpreted consistent with common law.

    (d) "Misclassify" and "misclassification" means to incorrectly classify or label a long-term public employee as "temporary," "leased," "contract," "seasonal," "intermittent," or "part-time," or to use a similar label that does not objectively describe the employee's actual work circumstances.

    (3) An employee deeming himself or herself harmed in violation of subsection (1) of this section may bring a civil action in a court of competent jurisdiction.

 

    NEW SECTION.  Sec. 3.  This act shall be construed liberally for the accomplishment of its purposes.

 

    NEW SECTION.  Sec. 4.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

 


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