HOUSE BILL REPORT
HB 2363
BYRepresentatives R. King, Prentice, Scott, Vekich, Cole, Wang, Jones and Basich
Regulating hours of labor.
House Committe on Commerce & Labor
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. (7)
Signed by Representatives Vekich, Chair; Cole, Vice Chair; Jones, R. King, Leonard, O'Brien and Prentice.
Minority Report: Do not pass. (4)
Signed by Representatives Smith, Ranking Republican Member; Forner, Walker and Wolfe.
House Staff:Chris Cordes (786-7117)
AS REPORTED BY COMMITTEE ON COMMERCE & LABOR FEBRUARY 2, 1990
BACKGROUND:
Under Washington's minimum wage and overtime compensation law and the federal Fair Labor Standards Act, most employees are entitled compensation at one and one-half times their regular rate of pay for all hours worked in excess of 40 hours in a work week. Employers are not prohibited from requiring employees to work more than 40 hours in a work week.
SUMMARY:
SUBSTITUTE BILL: An employer may not require an employee to work more than 8 hours in a work day or more than 40 hours in a work week unless an exemption applies. The employee may be required to work up to two extra hours in a work day if: (1) at least 10 hours have elapsed since the employee's last scheduled work period and the last scheduled work period consisted of no more than eight work hours; (2) the work schedule is based on four 10- hour days in a work week; or (3) the employee is not employed more than 30 hours in the work week.
An employee may voluntarily work more than eight hours in a work day or more than 40 hours in a work week, with compensation as required under the overtime law.
The Department of Labor and Industries may grant a variance from the overtime law requirements if the employer, except for employers whose employees are covered by a collective bargaining agreement, requests the variance and 75 percent of the employees agree.
An employer may require an employee to work the next succeeding work shift if the employer has exhausted attempts to get voluntary workers and the employer has ensured safe transportation home and made every attempt to provide for child care or other family obligations of the employee.
The prohibitions against overtime do not apply to: (1) employers who employ less than 100 employees; (2) work performed in emergencies, including fires, natural disasters, civil disorders, utility interruptions, services required by the armed forces of the United States, or other situations defined as emergencies by the Department of Labor and Industries; (3) persons employed in a bona fide executive, administrative, or professional capacity and exempt under the minimum wage law; or (4) railroad employees covered by the federal Hours of Service Act.
An employee may bring an action against an employer if the employer discharges or otherwise discriminates against the employee for exercising his or her rights under the act.
The new overtime requirements are a minimum standard, but these standards do not diminish the right of employees to bargain collectively to establish conditions of work more favorable to employees.
SUBSTITUTE BILL COMPARED TO ORIGINAL: The substitute bill adds the following provisions: (1) the Department of Labor and Industries may grant a variance from the overtime law requirements if the employer, except for employers whose employees are covered by a collective bargaining agreement, requests the variance and 75 percent of the employees agree; (2) an employer may require an employee to work the next succeeding work shift if the employer has exhausted attempts to get voluntary workers and the employer has ensured safe transportation home and made every attempt to provide for child care or other family obligations of the employee; (3) employers with fewer than 100 employees are exempted; (4) the new overtime requirements are a minimum standard that do not diminish the right of employees to bargain collectively to establish conditions of work more favorable to employees; and (5) an effective date of July 1, 1990, except for employees under collective bargaining agreements who will be covered on January 1, 1991. Procedures for an employee to pursue a discrimination claim are specified.
Fiscal Note: Requested January 27, 1990.
Effective Date:The bill takes effect July 1, 1990, except that employees under collective bargaining agreements will be covered on January 1, 1991.
House Committee ‑ Testified For: (Original bill) John Burbank, Washington State Labor Council; Pat Harrison, Aloria Smith, and Lorie Bielinski, Communication Workers of America; and Cindy Zehnder, Joint Council of Teamsters.
House Committee - Testified Against: (Original bill) Ed Hatcher, Northwest Alloys; and Clif Finch, Association of Washington Business.
House Committee - Testimony For: (Original bill) Long overtime hours result in poor worker performance and lack of safety on the job. In addition, exposure limits for toxic chemicals in the workplace are based on an eight hour day; longer exposure times, such as workers experience under long overtime work schedules, are not taken into account. Overtime work should be voluntary. Workers need to determine their physical ability to endure overtime and make choices about family obligations.
House Committee - Testimony Against: (Original bill) Overtime issues can be negotiated in collective bargaining. The Legislature should not be mandating work issues that can be determined between the worker and the employer. Collective bargaining can also take into account the unique needs of an industry or occupation. A legislative mandate cannot provide for all the variables. Employees may lose the chance to develop innovative, flexible work schedules.