1311-S AMH MCCO REIN 140

SHB 1311 - H AMD

By Representative ___________

   On page 1, beginning on line 14, strike all of subsection (3)

   Renumber the remaining subsection consecutively and correct any internal references accordingly.

   On page 2, line 3, after "WAGES" STRIKE "; PROMPT PAYMENT OF FINAL WAGES"

   On page 5, line 32, after "employee, and" insert ", subject to subsection (3) of this section,"

   On page 6, beginning on line 4, strike all of subsections (2) and (3) and insert the following:

   "(2) Civil penalties under this section may be assessed only if:

   (a) The director determines that the violation was a willful violation; and

   (b) (i) The director determines that the violation was a repeat violation. For purposes of this subsection, a repeat violation means a second or additional alleged violation of a wage payment requirement where the department has previously provided notice to the employer that the employer was allegedly in violation of a wage payment requirement or where a previous finding of violation has been issued;

   (ii) The director determines that the violation was due to the employer not acting in good faith. For purposes of this subsection and subsection (4) of this section, "good faith" includes whether the employer reasonably relied upon an interpretive or administrative policy issued by the department and published with the office of the code reviser pursuant to chapter 34.05 RCW; or

   (iii) The employer fails, within thirty days of the department's issuance of a citation or notice of assessment, to either pay the wages and interest owed or appeal the citation or notice of assessment as provided in section 7 of this act."

   Renumber the remaining subsections consecutively and correct any internal references accordingly.

   On page 10, line 19, after "payment" strike "and recordkeeping"

EFFECT: Specifies that penalties for wage payment violations may be assessed only if the director of the Department of Labor and Industries determines that such violations were willful.

Eliminates penalties for recordkeeping violations, and strikes all references to recordkeeping requirements.

   Makes a technical correction to a caption.