BILL REQ. #:  S-0491.1 

Read first time 01/27/2003.   Referred to Committee on Commerce & Trade.

     AN ACT Relating to the provision of greater predictability and consistency in the state wage and hour laws; amending RCW 49.46.005; and adding new sections to chapter 49.46 RCW.

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

Sec. 1   RCW 49.46.005 and 1961 ex.s. c 18 s 1 are each amended to read as follows:
     ((Whereas)) The establishment of a minimum wage for employees is a subject of vital and imminent concern to the people of this state and requires appropriate action by the legislature to establish minimum standards of employment within the state of Washington((,)) consistent with the standards established in the federal fair labor standards act unless the legislature has expressly established a different standard. Therefore the legislature ((declares that in its considered judgment the health, safety and the general welfare of the citizens of this state require the enactment of this measure, and exercising its police power, the legislature endeavors by)), under this chapter ((to)), establishes a minimum wage and other conditions of employment for employees of this state, consistent with requirements of the federal fair labor standards act unless the legislature has enacted an expressly different requirement, to encourage employment opportunities within the state. The provisions of this chapter are enacted in the exercise of the police power of the state for the purpose of protecting the immediate and future health, safety and welfare of the people of this state.

NEW SECTION.  Sec. 2   A new section is added to chapter 49.46 RCW to read as follows:
     All terms, provisions, rights, and obligations in this chapter shall be given the same meaning as given to comparable terms, provisions, rights, and obligations under federal law, 29 U.S.C. Secs. 202 through 262, and the regulations and statements of general policy and interpretation applying and interpreting those terms issued by the United States department of labor. In the absence of any term, provision, right, or obligation in this chapter contained in federal law, 29 U.S.C. Secs. 202 through 262, or in the regulations and statements of general policy and interpretation applying and interpreting those terms issued by the United States department of labor, then such federal provisions shall control in any action arising under this chapter. However, this section shall not apply to the extent any term or provision of this chapter, or any formal rule adopted by the department of labor and industries interpreting and applying this chapter, is expressly contrary to the comparable provision of federal law, 29 U.S.C. Secs. 202 through 262, or in the regulations and statements of general policy and interpretation applying and interpreting those terms issued by the United States department of labor.

NEW SECTION.  Sec. 3   A new section is added to chapter 49.46 RCW to read as follows:
     In any action or proceeding based on any act or omission on or after the effective date of this section, no employer is subject to liability or punishment for or on account of the failure of the employer to pay minimum wages or overtime compensation under this title if the employer pleads and proves that the act or omission complained of was in good faith in conformity with and in reliance on any written administrative rule, order, ruling, approval, or interpretation of the department, or any administrative practice or enforcement policy of the department with respect to the class of employers to which the employer belonged. Such a defense, if established, is a bar to the action or proceeding, notwithstanding that after the act or omission, the administrative rule, order, ruling, approval, interpretation, practice, or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect.