S‑0433.2   _____________________________________________

SENATE BILL 5259

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Fairley, Prentice, Winsley, Costa, Kline, Patterson, Constantine, Kohl‑Welles, Spanel, Jacobsen and Gardner

Read first time 01/17/2001.  Referred to Committee on Labor, Commerce & Financial Institutions.

_1      AN ACT Relating to temporary services agencies; amending RCW

_2  49.12.005, 49.12.130, and 49.12.170; adding new sections to

_3  chapter 49.12 RCW; and prescribing penalties.

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5      Sec. 1.  RCW 49.12.005 and 1998 c 334 s 1 are each amended to read

_6  as follows:

_7      ((For the purposes of)) The definitions in this section apply

_8  throughout this chapter((:)) unless the context clearly requires

_9  otherwise.

10      (1) ((The term)) "Department" means the department of labor and

11  industries.

12      (2) ((The term)) "Director" means the director of the

13  department of labor and industries, or the director's designated

14  representative.

15      (3) ((The term)) "Employer" means any person, firm,

16  corporation, partnership, business trust, legal representative, or

17  other business entity which engages in any business, industry,

18  profession, or activity in this state and employs one or more

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_1  employees and for the purposes of RCW 49.12.270 through 49.12.295

_2  and 49.12.450 also includes the state, any state institution, any

_3  state agency, political subdivisions of the state, and any

_4  municipal corporation or quasi-municipal corporation.

_5      (4) ((The term))  "Employee" means an employee who is employed

_6  in the business of the employee's employer whether by way of

_7  manual labor or otherwise.

_8      (5) ((The term)) "Conditions of labor" shall mean and include

_9  the conditions of rest and meal periods for employees including

10  provisions for personal privacy, practices, methods and means by

11  or through which labor or services are performed by employees and

12  includes bona fide physical qualifications in employment, but

13  shall not include conditions of labor otherwise governed by

14  statutes and rules and regulations relating to industrial safety

15  and health administered by the department.

16      (6) "Temporary services agency" means any individual or entity

17  that is engaged in the business of furnishing individuals to

18  perform services on a part-time or temporary basis for a third

19  party.

20      (7) For the purpose of chapter 16, Laws of 1973 2nd ex. sess. a

21  minor is defined to be a person of either sex under the age of

22  eighteen years.

23      NEW SECTION. Sec. 2.  A new section is added to chapter 49.12

24  RCW to read as follows:

25      The legislature declares that it is the public policy of this

26  state to foster the employment of all individuals in the state,

27  including those working for temporary services agencies, and to

28  safeguard their right to obtain and hold employment without

29  discrimination.

30      NEW SECTION. Sec. 3.  A new section is added to chapter 49.12

31  RCW to read as follows:

32      Temporary services agencies shall:

33      (1) For each new job assignment offered to an employee, give

34  that employee:

35      (a) The exact address of, directions to, and public

36  transportation available to the worksite;

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_1      (b) A written notice of the job characteristics including a job

_2  description, the rate of pay, available benefits, estimated

_3  longevity of the assignment, work schedules, complete and accurate

_4  information concerning any health or safety hazards they may face,

_5  and whether the employee will need or be charged for using special

_6  attire, accessories, or tools; and

_7      (c) A telephone number at the worksite at which an employee can

_8  be reached for emergency purposes.

_9      The information required by this subsection (1) shall be kept

10  on file for a period of one year by the temporary services agency;

11      (2) Include a written notification with each payment of wages

12  to its employees specifying the rate paid, or payable, to the

13  temporary services agency by or on behalf of the recipient of the

14  employee's services for the work performed by the employee, or for

15  any services rendered by the temporary services agency with

16  respect to the employee;

17      (3) Provide workers information about state and federal

18  employment laws and what to do if they experience discrimination

19  or a health and safety violation while working;

20      (4) Provide, or require that the third party client provide,

21  without charge, safety training appropriate to the job assignment

22  and whatever safety equipment is required at or on the job

23  assignment;

24      (5) Not prohibit employees from accepting a job directly with a

25  third party client, nor shall they otherwise restrict, penalize,

26  or discriminate against employees in any manner for doing so; nor

27  shall temporary services agencies restrict the right of such

28  clients to offer permanent employment to temporary services agency

29  employees.  Temporary services agencies shall allow time off for

30  interviews, provide references promptly on request, and shall not

31  discriminate in job assignments against those employees looking

32  for permanent work;

33      (6) Provide to employees upon request information on the

34  percentage of long-term placements at each of the agency=s clients

35  and the rate at which agency employees have become permanent

36  employees at each of the agency=s clients; and

37      (7) Not charge any employee for payment in cash or for cashing

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_1  a check or voucher issued by the agency for wages earned by that

_2  employee.

_3     NEW SECTION. Sec. 4.  A new section is added to chapter 49.12

_4  RCW to read as follows:

_5      Employees of temporary services agencies have a right to refuse

_6  a job assignment, without reprisal, or discrimination, including

_7  opposing a request for unemployment benefits, for any of the

_8  following reasons:

_9      (1) The job will expose them to dangerous conditions or

10  hazardous materials;

11      (2) The job would require them to travel an unreasonable

12  distance or spend an unreasonable amount of uncompensated time in

13  travel;

14      (3) They are inadequately trained or prepared for the job;

15      (4) They would receive pay lower than they customarily earn;

16      (5) The hours of work expected are incompatible with available

17  child care arrangements;

18      (6) They have been given insufficient notice prior to the

19  expected start date of the job;

20      (7) The job assignment would extend beyond the anticipated

21  duration; and

22      (8) The job assignment would cause them to cross picket lines

23  or to work as replacement workers during a strike.

24      NEW SECTION. Sec. 5.  A new section is added to chapter 49.12

25  RCW to read as follows:

26      (1) Any worker may complain to the director regarding a

27  violation of this act and the director shall investigate the same.

28      (2) The director shall, upon determining that a person has

29  violated the provisions of, or rules or orders adopted or issued

30  pursuant to, section 3 or 4 of this act, send a written notice of

31  the violation to the person at his or her last known address

32  containing a description of the fines contained in this

33  subsection.  Any person determined by the director to have:  (a)

34  Committed a second violation of, or rules or orders adopted or

35  issued pursuant to, section 3 or 4 of this act, within five years

36  of the first violation, or (b) discharged, reduced the

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_1  compensation of, or otherwise discriminated against any employee

_2  for making a complaint regarding a violation of this act or

_3  otherwise asserting any rights under this title, shall be assessed

_4  a civil penalty of not less than one thousand dollars a day for

_5  each such violation.  Each and every such violation shall be a

_6  separate and distinct offense, and in case of a continuing

_7  violation, every day=s continuance shall be a separate and distinct

_8  violation.  Any penalty amount set in excess of one thousand dollars

_9  shall be set by the director in consideration of any previous

10  history of violations by the violator.  A violation occurring more

11  than five years from the date of a previous violation shall be

12  considered a first violation.

13      (3) In addition to any other penalty provided by law, an

14  employee who has suffered from a violation of, or rules or orders

15  adopted or issued pursuant to, section 3 or 4 of this act, may

16  bring an action in any court of competent jurisdiction to recover

17  damages for the violation in the amount of five thousand

18  dollars.  In any such action, the court shall award reasonable

19  attorneys' fees to a prevailing plaintiff.

20      (4) A criminal action need not be brought against an employer

21  for that employer to be civilly liable under this section.

22      (5) A notice of sections 2, 3, and 4 of this act must be posted

23  and maintained at all temporary services agencies where workers

24  can view it.

25      Sec. 6.  RCW 49.12.130 and 1913 c 174 s 16 are each amended to read

26  as follows:

27      Any employer who discharges, or in any other manner

28  discriminates against any employee because such employee has

29  testified or is about to testify, or because such employer

30  believes that said employee may testify in any investigation or

31  proceedings relative to the enforcement of RCW 49.12.010 through

32  49.12.180 or sections 3 through 5 of this act, shall be deemed

33  guilty of a misdemeanor and upon conviction thereof, shall be

34  punished by a fine of from ((twenty- five)) five hundred dollars

35  to ((one hundred)) two thousand dollars for each such misdemeanor.

36 

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_1      Sec. 7.  RCW 49.12.170 and 1994 c 164 s 21 are each amended to read

_2  as follows:

_3      Except as otherwise provided in RCW 49.12.390 or 49.12.410, any

_4  employer employing any person for whom a minimum wage or

_5  standards, conditions, and hours of labor have been specified, at

_6  less than said minimum wage, or under standards, or conditions of

_7  labor or at hours of labor prohibited by the rules and regulations

_8  of the director; or violating any other of the provisions of

_9  chapter 16, Laws of 1973 2nd ex. sess., or sections 3 through 5 of

10  this act, shall be deemed guilty of a misdemeanor, and shall, upon

11  conviction thereof, be punished by a fine of not less than

12  ((twenty-five)) five hundred dollars nor more than ((one)) two

13  thousand dollars.

14      NEW SECTION. Sec. 8.  A new section is added to chapter 49.12

15  RCW to read as follows:

16      The director shall prescribe rules as necessary to enforce this

17  act.

18      NEW SECTION. Sec. 9.  If any provision of this act or its

19  application to any person or circumstance is held invalid, the

20  remainder of the act or the application of the provision to other

21  persons or circumstances is not affected.

‑‑‑ END ‑‑‑

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