HOUSE BILL REPORT

EHB 2510

BYRepresentatives Cole, Wolfe, Jones, Leonard, Prentice and Winsley; by request of Department of Labor and Industries

Revising procedures relating to violation of industrial welfare laws.

House Committe on Commerce & Labor

Majority Report:  Do pass as amended.  (10)

      Signed by Representatives Vekich, Chair; Cole, Vice Chair; Smith, Ranking Republican Member; Forner, Jones, R. King, Leonard, Prentice, Walker and Wolfe.

House Staff:Chris Cordes (786-7117)

AS PASSED HOUSE FEBRUARY 7, 1990

BACKGROUND:

The industrial welfare law authorizes the Department of Labor and Industries to set employment standards for Washington workers.  The standards include employment recordkeeping requirements, rest and meal break standards and other wage and hour requirements.  An employer who violates an industrial welfare standard is guilty of a misdemeanor and is subject to a fine of not less than $25 or more than $1,000.

SUMMARY:

The director of the Department of Labor and Industries is authorized to issue citations to employers for violations of the industrial welfare act.  If the violation is not abated after a second inspection, the employer is subject to a civil penalty of not more than $500. For repeated violations, the employer is subject to a civil penalty of not more than $1,000 for each day of the violation.

An employer who violates the posting requirements of the industrial welfare law is subject to a civil penalty of not more than $100 for each violation.  Any person who gives advanced notice of an inspection without the director's authority is subject to a penalty of not more than $1,000.

Any person aggrieved by an action of the department in enforcing the industrial welfare law may appeal to the director.  After a hearing, the director must issue a final order, which may be appealed to superior court in accordance with the Administrative Procedure Act.

Unless a civil penalty has been assessed, an employer who violates the industrial welfare laws is guilty of a misdemeanor.  A conviction for a second or repeated offense may be punished by a fine of not more than $5,000 or imprisonment for up to 6 months.  The department is authorized to seek criminal penalties for serious or repeated violations.  A serious violation exists if death or serious harm has resulted or could result from the condition in the workplace, unless the employer did not know or reasonably could not have known of the violation.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Mark McDermott, Department of Labor and Industries; Bob Dilger, Washington State Building and Construction Trades Council; Cindy Zehnder, Joint Council of Teamsters; Mike Redman, Washington Association of Prosecuting Attorneys.

House Committee - Testified Against:      Clif Finch, Association of Washington Business.

House Committee - Testimony For:    Enforcement of the industrial welfare law with only criminal penalties is not workable.  Recent investigation of workers' compensation injuries involving minors revealed a large number of violations of industrial welfare standards in the employment of these minors.  Under current law, the department can do little more than threaten prosecution.

House Committee - Testimony Against:      The bill needs to clarify the definition of employer with respect to employers with multiple work sites.  In addition, it is not clear whether a repeated violation is merely a continuing violation over several days.  The criminal penalties should be repealed if civil penalties are enacted.