SENATE BILL REPORT

SB 5707

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Makes any governmental employer that requires an employee to continue to work without regular payment of wages liable to the employee for damages equal to three times the unpaid wages, costs, and reasonable attorneys.

Background: The Wage Payment Act allows the Department of Labor & Industries (L&I) to collect unpaid wages on behalf of workers. A worker who believes an employer owes the worker wages can file a wage complaint with L&I. Upon receipt of a wage complaint, L&I has 60 days to investigate the complaint and determine whether the employer owes wages. If L&I determines that wages are owed, a citation and notice of assessment will be issued and sent to the employer and employee. L&I can order the employer to pay wages owed, including interest, and a civil penalty if the violation was willful.

If a final order is issued and the employer defaults in payment of wages owed or the civil penalty, L&I can file a warrant with the county clerk. The amount of the warrant becomes a lien on the employer's real or personal property.

An employee who has filed a wage complaint with L&I may elect to terminate L&I's administrative action, preserving the employee's private right of action. To make the election, the employee must provide written notice to L&I within ten business days after the employee's receipt of L&I's citation and notice of assessment.

Summary of Bill: Any governmental employer, including federal, state, county, incorporated city or town, or other municipal corporation, that requires an employee to continue to work without regular payment of wages is liable to the employee for damages equal to three times the unpaid wages, costs, and reasonable attorneys.