SENATE BILL REPORT

SB 5265

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As of January 17, 2001

Title:  An act relating to unfair practices by private employers with respect to eligibility for employment‑based benefits.

Brief Description:  Prohibiting private employers from terminating employees to avoid providing employment‑based benefits.

Sponsors:  Senators Prentice, Costa, Kline, Patterson, Constantine, Kohl‑Welles and Gardner.

Brief History:

Committee Activity:  Labor, Commerce & Financial Institutions:  1/18/01.

______________________________________________________________________________SENATE COMMITTEE ON LABOR, COMMERCE & FINANCIAL INSTITUTIONS

Staff:  Jack Brummel (786‑7428)

Background:  Concerns exist that part-time, temporary, leased, and other contingent workers are less likely than other workers to receive employment-based benefits.  Employers may terminate employees, misclassify employees, limit contract terms, or take other action to avoid providing employment-based benefits.

Summary of Bill:  It is an unfair practice for an employer to terminate or misclassify an employee to avoid providing employment-based benefits.

It is also an unfair practice for an employer to:

$limit the term of an employment contract to avoid providing benefits;

$include language in an employment contract requiring an employee to forego benefits; or

$terminate or discriminate against an employee because the employee has filed an action alleging such an unfair practice.

?Employment‑based benefits@ mean any benefits to which an employee is entitled under state laws or employer policies.

An employee terminated or otherwise harmed by such an unfair practice has a civil action against the employer.  A prevailing employee is awarded either six months= wages or treble the actual damages, whichever is greater.  The prevailing employee is also awarded attorneys= fees and costs.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.