H-1077              _______________________________________________

                                                   HOUSE BILL NO. 1092

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Betrozoff and Patrick

Read first time 2/8/85 and referred to Committee on Commerce & Labor.

AN ACT Relating to hours of labor; and adding a new section to chapter 49.12 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 49.12 RCW to read as follows:

          (1) An individual may be required to work more than eight hours in any twenty-four hour period if at least ten hours have elapsed since the employee last worked eight hours or the employer's work week is based on four ten-hour days in a seven-day period.  The individual shall not be required to work more than forty hours in any seven-day period.

          (2) Subsection (1) of this section shall not prohibit any individual from voluntarily agreeing to work more than eight hours in any twenty-four hour period or more than forty hours in any seven-day period.  All work in excess of eight hours in any twenty-four hour period or forty hours in any seven-day period shall be compensated at one and one-half times the employee's regular rate of pay.  However, when the regular work week is four ten-hour days, overtime compensation is payable after:  (a) Ten hours in a twenty-four hour period;  (b) forty hours in any seven-day period; or (c) when a different overtime pay requirement applies to that individual because of chapter 49.46 RCW, overtime compensation shall be payable pursuant to that chapter.

          (3) The committee shall issue rules regarding hours of work to carry out this section and shall issue standards on an industry-by-industry basis which may differ from the standard established in this section if the committee's investigations indicate that certain conditions occurring in an industry warrant the adoption of a different limit on the hours of work.  The different standards shall substantially meet the intention of this section.  Consideration of health, safety, and welfare of employees shall take priority in the adoption of any standard.

          (4) This section does not apply to railroad employees affected by the Hours of Service Act, 45 U.S.C. sections 61-66, and to emergency situations endangering public health and safety, which include, but are not limited to, fires, natural disasters, civil disorders, utility interruptions, services required by the armed forces of the United States, and other situations determined by the industrial welfare committee to be emergencies.