Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Labor & Workforce Development Committee

HB 1532

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Limits the liability of an employer for failing to pay minimum wages or overtime compensation when the employer acted in good faith and in conformity with a rule, policy, or practice of the Department of Labor and Industries.

Background:

Washington law establishes a state minimum wage rate, overtime compensation requirements, and various other minimum wage standards. These standards are enforced by the Department of Labor and Industries (Department). These standards are enforced by the Department of Labor and Industries (Department), which has authority to investigate wage violations, order the payment of wages owed to workers, and bring civil actions to collect wages. Employees are also permitted to bring civil actions to collect unpaid wages. Criminal penalties apply to certain violations.

Summary of Bill:

An employer is not subject to liability or punishment for failing to pay minimum wages or overtime compensation if the employer proves that the employer acted in good faith conformity with and reliance on:

a rule related to any wage payment requirement;
a written order, ruling, approval, opinion, advice, determination, or interpretation of the Director of the Department; or
an interpretive or administrative policy issued by the Department.

This defense bars an action even if the order, ruling, approval, opinion, advice, determination, or interpretation or the interpretive or administrative policy of the Department that the employer relied on is modified or rescinded or is determined by a judicial authority to be invalid.