CERTIFICATION OF ENROLLMENT

 

             ENGROSSED SUBSTITUTE SENATE BILL 5739

 

 

 

 

                        55th Legislature

                      1997 Regular Session

Passed by the Senate April 22, 1997

  YEAS 32   NAYS 13

 

 

 

President of the Senate

 

Passed by the House April 17, 1997

  YEAS 75   NAYS 23

             CERTIFICATE

 

I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  ENGROSSED SUBSTITUTE SENATE BILL 5739 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 5739

          _______________________________________________

 

                      AS AMENDED BY THE HOUSE

 

             Passed Legislature - 1997 Regular Session

 

State of Washington      55th Legislature     1997 Regular Session

 

By Senate Committee on Commerce & Labor (originally sponsored by Senators Horn, Haugen, Schow, Rasmussen and Wood)

 

Read first time 03/04/97.

Establishing when employers are required to compensate employees for employee wearing apparel.   


    AN ACT Relating to employee wearing apparel; amending RCW 49.12.005; adding a new section to chapter 49.12 RCW; and creating a new section.

 

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

 

    Sec. 1.  RCW 49.12.005 and 1994 c 164 s 13 are each amended to read as follows:

    For the purposes of this chapter:

    (1) The term "department" means the department of labor and industries.

    (2) The term "director" means the director of the department of labor and industries, or the director's designated representative.

    (3) The term "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 for the purposes of RCW 49.12.270 through 49.12.295 and section 2 of this act also includes the state, any state institution, any state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.

    (4) The term "employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.

    (5) The term "conditions of labor" shall mean and include the conditions of rest and meal periods for employees including provisions for personal privacy, practices, methods and means by or through which labor or services are performed by employees and includes bona fide physical qualifications in employment, but shall not include conditions of labor otherwise governed by statutes and rules and regulations relating to industrial safety and health administered by the department.

    (6) For the purpose of chapter 16, Laws of 1973 2nd ex. sess. a minor is defined to be a person of either sex under the age of eighteen years.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 49.12 RCW to read as follows:

    (1) Notwithstanding the provisions of chapter 49.46 RCW or other provisions of this chapter, the obligation of an employer to furnish or compensate an employee for apparel required during work hours shall be determined only under this section.

    (2) Employers are not required to furnish or compensate employees for apparel that an employer requires an employee to wear during working hours unless the required apparel is a uniform.

    (3) As used in this section, a uniform is:

    (a) Apparel of a distinctive style and quality that, when worn outside of the workplace, clearly identifies the person as an employee of a specific employer;

    (b) Apparel that is specially marked with an employer's logo;

    (c) Unique apparel representing an historical time period or an ethnic tradition; or

    (d) Formal apparel.

    (4) Except as provided in subsection (5) of this section, if an employer requires an employee to wear apparel of a common color that conforms to a general dress code or style, the employer is not required to furnish or compensate an employee for that apparel.  For the purposes of this subsection, "common color" is limited to the following colors or shades of colors:  Black, white, light gray, gray, tan, khaki, dark brown, brown, navy blue, and blue, commonly worn in public.

    (5) If an employer changes the color or colors of apparel required to be worn by employees more than once in a calendar year, the employer shall furnish or compensate the employee for the apparel.

    (6) For the purposes of this section, personal protective equipment required for employee protection under chapter 49.17 RCW is not deemed to be employee wearing apparel.

 

    NEW SECTION.  Sec. 3.  Nothing in this act shall be construed to alter the terms, conditions, or practices contained in any collective bargaining agreement in effect at the time of the effective date of this act until the expiration date of such agreement.

 


                            --- END ---