SENATE BILL REPORT

SHB 1261

BYHouse Committee on Commerce & Labor (originally sponsored by Representatives Cole, Leonard and Sayan; by request of Director of Labor and Industries)

Revising procedures concerning violation of the industrial welfare laws.

House Committe on Commerce & Labor

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):March 23, 1989

Senate Staff:Steve Boruchowitz (786-7429)

AS OF MARCH 14, 1989

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 violation.  If such citations and fines are not issued, criminal penalties for an employer who is convicted of a second or repeated misdemeanor for violations of the industrial welfare law amount to a fine of not more than $5,000 or imprisonment for up to six months, or both.

An employer who violates the posting requirements of the industrial welfare law is subject to a civil penalty of not more than $100.  Any person who gives advance 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.

The bill's civil and criminal penalty provisions do not apply to the family care law.

Appropriation:    none

Revenue:    none

Fiscal Note:      available