State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/31/12.
AN ACT Relating to enforcing the payment of prevailing wages; and adding a new section to chapter 39.12 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 39.12 RCW
to read as follows:
(1) When a contractor or subcontractor quits business, sells out,
exchanges, or otherwise disposes of the contractor or subcontractor's
business, a successor entity is liable for a violation of this chapter
by the contractor or subcontractor if the successor entity had actual
or constructive notice of the violation at the time of the sale or
conveyance.
(2) The successor liability under this section includes liability
for unpaid prevailing wages and interest, as well as monetary and
nonmonetary sanctions under RCW 39.12.050 and 39.12.065.
(3) An entity may be a successor entity under this section if the
contractor or subcontractor directly or indirectly sells or otherwise
conveys in bulk and not in the ordinary course of business a
substantial portion of its assets, whether tangible or intangible, to
the entity. Factors that may be considered in determining whether an
entity is a successor entity include, but are not limited to, the
following:
(a) Substantial continuity of the same business operation;
(b) Use of the same machinery or equipment;
(c) Similarity of jobs and working conditions;
(d) Continuity of supervisors;
(e) Use of the substantially same workforce; and
(f) Similarity of products or services.