BILL REQ. #: H-3287.3
| State of Washington | 63rd Legislature | 2014 Regular Session |
Read first time 01/22/14. Referred to Committee on Labor & Workforce Development.
AN ACT Relating to state preemption of local employment laws and contracts; amending RCW 49.46.120 and 49.78.360; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.01 RCW; adding a new section to chapter 53.08 RCW; and adding a new chapter to Title 49 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The state of Washington hereby occupies
and preempts the entire field regarding wages, hours of work, employee
retention, and leave from employment within the boundaries of the
state. A city, town, county, or port district may not require,
enforce, or otherwise regulate by means of charter, ordinance,
regulation, rule, resolution, or contract including purchase agreement
any of the following for private employers: Payment of wages, hours of
work, employee retention, or leave from employment. Any such
provisions or terms shall not be adopted or agreed to and are preempted
and unenforceable. The state preemption created in this section
applies to all charters, ordinances, regulations, rules, and
resolutions regulating payment of wages, hours of work, employee
retention, or leave from employment for private employers adopted by a
city, town, county, or port district before or after the effective date
of this section. Any term in a contract or purchase agreement
regarding payment of wages, hours of work, employee retention, or leave
from employment entered into after the effective date of this section
is void and unenforceable.
(2) For purposes of this subsection:
(a) "Leave from employment" means sick leave, vacation leave,
holiday leave, leave when an employee's place of business or child's
school or place of care has been closed by order of a public official,
and any other type of employee leave except leave for domestic
violence, sexual assault, or stalking; and
(b) "Employee retention" means offering work to or retaining
employees following a business succession.
(3) Subsection (1) of this section does not apply to any local
laws, ordinances, administrative directives, contracts, or policies
that affect only the employees of the city, town, county, or port
district.
(4) This section does not impair any provision of a collective
bargaining agreement in effect on the effective date of this section.
(5) The preemption created in this section shall be broadly
construed.
Sec. 2 RCW 49.46.120 and 1961 ex.s. c 18 s 4 are each amended to
read as follows:
This chapter establishes a minimum standard for wages and working
conditions of all employees in this state, unless exempted herefrom,
and is in addition to and supplementary to any other federal((,)) or
state((, or local)) law ((or ordinance)), or any rule or regulation
issued thereunder. Any standards relating to wages, hours, or other
working conditions established by any applicable federal((,)) or
state((, or local)) law ((or ordinance)), or any rule or regulation
issued thereunder, which are more favorable to employees than the
minimum standards applicable under this chapter, or any rule or
regulation issued hereunder, shall not be affected by this chapter and
such other laws, or rules or regulations, shall be in full force and
effect and may be enforced as provided by law.
Sec. 3 RCW 49.78.360 and 2006 c 59 s 17 are each amended to read
as follows:
((Nothing in)) This chapter ((shall be construed: (1) To)) does
not modify or affect any state or local law prohibiting discrimination
on the basis of race, religion, color, national origin, sex, age, or
disability((; or (2) to supersede any provision of any local law that
provides greater family or medical leave rights than the rights
established under this chapter)).
NEW SECTION. Sec. 4 Section 1 of this act constitutes a new
chapter in Title
NEW SECTION. Sec. 5 A new section is added to chapter 35.21 RCW
to read as follows:
Section 1 of this act governs the authority of a city or town to
regulate private employers and to contract regarding wages, hours of
work, employee retention, or leave from employment.
NEW SECTION. Sec. 6 A new section is added to chapter 35A.21 RCW
to read as follows:
Section 1 of this act governs the authority of a code city to
regulate private employers and to contract regarding wages, hours of
work, employee retention, or leave from employment.
NEW SECTION. Sec. 7 A new section is added to chapter 36.01 RCW
to read as follows:
Section 1 of this act governs the authority of a county to regulate
private employers and to contract regarding wages, hours of work,
employee retention, or leave from employment.
NEW SECTION. Sec. 8 A new section is added to chapter 53.08 RCW
to read as follows:
Section 1 of this act governs the authority of a port district to
regulate private employers and to contract regarding wages, hours of
work, employee retention, or leave from employment.