PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Adopt rules that clarify requirements for employees of temporary help agencies while on assignment and between assignments; define the circumstances under which an employer attachment exists between the worker and the temporary help agency; and clarify conditions under which the temporary services employer is eligible for relief of benefit charges.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 50.12.010 Commissioner's duties and powers, 50.12.040 Rule-making authority, and 50.20.010 Benefit eligibility conditions.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 50.04.245 was passed by the legislature in 1995; it provides that individuals performing work for a third party under a contract with a temporary services agency or similar firm are deemed employees of that temporary services agency. The statute is silent regarding the conditions and circumstances under which that employee relationship terminates, and does not specifically address how RCW 50.20.050, 50.20.060 and 50.20.080 shall be applied to such individuals. The rules will clarify the department's policy regarding availability requirements for employees of temporary help agencies and the conditions under which such agencies are eligible for relief of benefit charges.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Labor reviews the state's administration of the unemployment insurance program to ensure conformity to federal statutes and regulations. The state has broad flexibility in the implementation of unemployment insurance laws as long as conformity is maintained. The proposed regulations will be shared with USDOL Region X staff prior to adoption.
Process for Developing New Rule: The department will conduct informal public meetings with interested individuals and stakeholders to gather their input and comments during the development of these regulations.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Persons interested in attending public meetings o discuss the proposed regulations should contact Juanita Myers, Program Coordinator, Unemployment Insurance Division, P.O. Box 9046, Olympia, WA 98507-9046, phone (360) 902-9665, fax (360) 902-9799, e-mail jmyers@esd.wa.gov.
November 22, 1999
Carver Gayton
Commissioner