1402-S AMH SCHM MORI 149
SHB 1402 - H AMD 191
By Representative Schmidt
NOT ADOPTED 03/11/2025
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. A new section is added to chapter 49.58 RCW to read as follows:
(1) Unless driving is one of the essential job functions or is related to a legitimate business purpose for a position, it is unlawful for an employer to:
(a) Require a valid driver's license as a condition of employment; or
(b) Include a statement in a posting for a job opening for the position that an applicant must have a valid driver's license.
(2)(a) The director must investigate complaints regarding compliance with this section and any related rules adopted under this chapter. The director may require the testimony of witnesses and production of documents as part of an investigation.
(b) If the director determines a violation occurred, the director may issue a citation and notice of assessment and order the employer to pay to the complainant actual damages; statutory damages equal to the actual damages or $5,000, whichever is greater; interest of one percent per month on all compensation owed; payment to the department of the costs of investigation and enforcement; and any other appropriate relief.
(c) In addition to the citation and notice of assessment, the director may order payment to the department of a civil penalty.
(i) For a first violation, the civil penalty may not exceed $500.
(ii) For a repeat violation, the civil penalty may not exceed $1,000 or 10 percent of the damages, whichever is greater.
(d) If the investigation finds that the complainant's allegation cannot be substantiated, the department shall issue a closure letter to the complainant and the employer detailing such finding.
(3) An appeal from the director's determination may be taken in accordance with chapter 34.05 RCW. An employee who prevails is entitled to costs and reasonable attorneys' fees.
(4) The department must deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.
(5) Any wages and interest owed must be calculated from four years from the last violation before the complaint.
Sec. RCW 49.58.090 and 2018 c 116 s 11 are each amended to read as follows:
The department may adopt rules to implement ((RCW 49.58.005 and 49.58.020 through 49.58.060)) this chapter."
| EFFECT: Narrows the circumstances under which an employer is prohibited from stating that a driver's license is required to only postings for job openings, instead of advertisements, postings, applications, or other materials. Prohibits an employer from requiring a driver's license as a condition of employment. Allows an employer to require a driver's license if driving is an essential job function or related to a legitimate business purpose, instead of when the position description includes job functions that require driving. Removes the private right of action. Requires the Department of Labor and Industries (L&I) to investigate complaints regarding violations of the act. Allows L&I to order payment to the complainant of actual damages, statutory damages of up to the greater of actual damages or $5,000, interest on compensation owed, investigation and enforcement costs, and other appropriate relief. Allows civil penalties to be imposed of up to $500 for a first violation and, for subsequent violations, up to the greater of $1,000 or 10% of the damages. Requires L&I to issue a closure letter for unsubstantiated allegations. Requires appeals to be taken in accordance with the Administrative Procedures Act and entitles the prevailing party to reasonable attorneys' fees. Requires civil penalties to be deposited in the Supplemental Pension Fund. Requires wages and interest to be calculated from four years from the last violation prior to the complaint. Expands L&I's rulemaking authority under the Equal Pay and Opportunities Act (EPOA) to encompass the entire EPOA, instead of only selected sections.
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