2847.E AAS 3/1/96

EHB 2847 - S COMM AMD

By Committee on Labor, Commerce & Trade

                                         ADOPTED AS AMENDED 3/1/96

    Strike everything after the enacting clause and insert the following:

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

    (1) Whenever an employer requires an employee to wear a uniform or other article of wearing apparel of a specific style or color, it must be furnished by the employer.  Usual and customary wearing apparel in conformance to a general dress standard need not be furnished by the employer.

    (2) Notwithstanding subsection (1) of this section, an employer who requires an employee to wear black or white apparel not of a specific style is not required to furnish the apparel to the employee.

    (3) If the director, or the director's designee, finds that an employer has violated this section, he or she shall order the employer to reimburse any employee for the cost of wearing apparel required to be provided under this section and may assess the employer a civil penalty of not more than two hundred dollars for each violation.

    (4) The department may adopt rules to implement this section.

    Sec. 2.  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 1 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. 3.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

EHB 2847 - S COMM AMD

By Committee on Labor, Commerce & Trade

                                         ADOPTED AS AMENDED 3/1/96

    On page 1, line 3 of the title, after "apparel;" strike the remainder of the title and insert "amending RCW 49.12.005; adding a new section to chapter 49.12 RCW; prescribing penalties; and declaring an emergency."

                            --- END ---