H-3928.1 _______________________________________________
HOUSE BILL 2756
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State of Washington 56th Legislature 2000 Regular Session
By Representatives Conway, Clements, Keiser, Cooper, Kessler, Kenney, Ogden, Wood, O'Brien, Scott, Cody, Dickerson, Sullivan, McIntire, Schual‑Berke, Doumit, Santos, Veloria, Ruderman, Edwards, Fisher, Reardon, Lantz, Lovick, Constantine and Tokuda
Read first time 01/19/2000. Referred to Committee on Commerce & Labor.
AN ACT Relating to disclosing the pay rate received by staffing agencies; amending RCW 49.12.005; adding a new section to chapter 49.12 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 49.12.005 and 1998 c 334 s 1 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 49.12.450 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.
(7) "Staffing agency" means an employer who employs workers for the purpose of rendering services to third persons who supervise and direct their work.
NEW SECTION. Sec. 2. A new section is added to chapter 49.12 RCW to read as follows:
(1) Each staffing agency shall include a written notification with each payment of wages to its employees specifying the rate paid, or payable, to the staffing agency by, or on behalf of, the recipient of the employee's services for the work performed by the employee, or for any services rendered by the staffing agency with respect to the employee.
(2) Any temporary service contractor that violates subsection (1) of this section is subject to a civil penalty in the amount of two hundred fifty dollars per employee per violation for the initial citation, and five hundred dollars per employee per violation for each subsequent citation. The civil penalties provided for in this section are in addition to any other penalty provided by law. In enforcing this section, the director may not penalize a temporary service contractor for a first violation that the director determines was due to an inadvertent mistake or clerical error.
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