On page 1, line 17, after "(2)" strike "The" and insert "Except as provided in subsection (3) of this section, the"
On page 2, after line 2, insert the following:
"(3) The defense described in subsection (1) of this section is not available if the employee can show by a preponderance of the evidence that there is a pattern of failure to pay minimum wage or overtime compensation based on a protected class covered by RCW
49.60.010."
EFFECT: The defense against a wage complaint based on good faith conformity with and reliance on an agency rule or policy is unavailable to employers if the employee can show by a preponderance of the evidence that there is a pattern of failure to pay minimum wage or overtime compensation based on a protected class.