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SENATE BILL 5771
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Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 02/06/95. Referred to Committee
on Labor, Commerce & Trade.
Establishing unemployment insurance
liability for third party employers.
AN ACT Relating to
third party employers; adding a new section to chapter 50.04 RCW; and creating
a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 50.04 RCW to read as follows:
(1) Subject to the
other provisions of this title, personal services performed for, or for the
benefit of, a third party pursuant to a contract with a temporary services
agency, employee leasing agency, services referral agency, or other entity
shall be deemed to be employment for the temporary services agency, employee
leasing agency, services referral agency, or other entity when the agency is
responsible, under contract or in fact, for the payment of wages in
remuneration for the services performed.
(2) For the purposes of
this section:
(a) "Temporary
services agency" means an individual or entity that is engaged in the
business of furnishing individuals to perform services on a part-time or
temporary basis for a third party.
(b) "Employee
leasing agency" means an individual or entity that for a fee places the
employees of a client onto its payroll and leases such employees back to the
client.
(c) "Services
referral agency" means an individual or entity that is engaged in the
business of offering the services of an individual to perform specific tasks
for a third party.
NEW
SECTION. Sec. 2. If any part of this act
is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is hereby declared to be inoperative solely to the extent of
the conflict, and such finding or determination shall not affect the operation
of the remainder of this act. The rules under this act shall meet federal
requirements that are a necessary condition to the receipt of federal funds by
the state or the granting of federal unemployment tax credits to employers in
this state.
