SENATE BILL REPORT

SB 5304

BYSenator Smitherman; by request of Department of Labor and Industries

Revising procedures concerning violations of the industrial welfare laws.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):January 16, 1989

Senate Staff:David Cheal (786-7576)

AS OF JANUARY 20, 1989

BACKGROUND:

The Industrial Welfare Act, which covers wage and hour standards, and working conditions, is currently enforced by means of criminal penalties.  Criminal penalties are an ineffective means of enforcement in part due to the work load and priorities of local prosecutors.

SUMMARY:

A system of administrative penalties is provided for violations of the Industrial Welfare Act.  The director is authorized to issue citations following investigation and determination that a violation has occurred.

Employers are to be given every opportunity to resolve the problems which gave rise to the citation, but if upon a second inspection the condition or practice is not corrected, the employer can be assessed a penalty of up to $500.

Repeated violations can result in a civil penalty of up to $1,000.  Violations of posting requirements of the Industrial Welfare Act can result in a fine not to exceed $100 for each violation.

Giving advance notice of an inspection conducted under the industrial welfare law can result in a fine of up to $1,000.

Appeals of assessments may be made to the director of the Department of Labor and Industries, and will result in a hearing as provided for contested cases under the Administrative Procedure Act, Chapter 34.05 RCW.  Appeals from that proceeding are to superior court.

Revenue from penalty assessments is to be deposited in the general fund.

The existing criminal penalty provision is amended to provide an enhanced punishment for second or repeated offenses of up to $5,000 or imprisonment for six months or both.  The current penalty is between $25 and $1,000 and no provision for imprisonment.

Appropriation:    none

Fiscal Note:      requested January 12, 1989