Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Labor & Workforce Development Committee

HB 2230

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

Requires an employer to reimburse an employee for all necessary business expenses incurred by the employee at the request of the employer and in direct consequence of the discharge of the employee's duties.

Background:

Washington's statutes do not specifically address reimbursement of work-related expenses incurred by employees, except for uniforms. Employers are not required to provide or compensate employees for apparel that an employer requires an employee to wear during working hours unless the required apparel is a uniform. The statute defines what constitutes a uniform.

Under federal law, required uniforms and items such as equipment that benefit the employer are generally considered business expenses. The employer may require the employee to pay for such items, but not if the cost reduces the employee's wage below the minimum wage or cuts into overtime compensation.

Summary of Bill:

An employer must reimburse its employee for all necessary business expenses incurred by the employee at the request of the employer and in direct consequence of the discharge of the employee's duties.

"Necessary business expenses" may include expenses for the cost of cell phones, phone chargers, and other equipment.

If an employer does not reimburse the employee as required, the employee may bring a civil action. The court must award a prevailing employee reasonable attorneys' fees, costs, and interest.