H-738                _______________________________________________

                                                   HOUSE BILL NO. 1314

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Valle, Brekke, Raiter, Heavey and K. Wilson

Read first time 1/20/89 and referred to Committee on Commerce & Labor.

AN ACT Relating to employment agency fees; and amending RCW 19.31.170.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 17, chapter 228, Laws of 1969 ex. sess. as amended by section 7, chapter 51, Laws of 1977 ex. sess. and RCW 19.31.170 are each amended to read as follows:

          (1) If an applicant accepts employment by agreement with an employer and thereafter never reports for work, the gross fee charged to the applicant shall not exceed:  (a) Ten percent of what the first month's gross salary or wages would be, if known; or (b) ten percent of the first month's drawing account.  If the employment was to have been on a commission basis without any drawing account, then no fee may be charged in the event that the applicant never reports for work.

          (2) If an applicant accepts employment on a commission basis without any drawing account, then the gross fee charged such applicant shall be a percentage of commissions actually earned.

          (3) ((If an applicant accepts employment and if within sixty days of his reporting for work the employment is terminated, then the gross fee charged such applicant shall not exceed twenty percent of the gross salary, wages or commission received by him.)) The gross fee charged to an applicant shall not exceed twenty percent of the gross salary, wages, or commission received by the applicant if:

(a) An applicant accepts employment and within sixty days of the applicant's reporting for work the employment is terminated; or

(b) An applicant accepts employment and the employment is terminated because of disabling illness or injury of the applicant, whether or not the illness or injury is work-related.

          (4) If an applicant accepts temporary employment as a domestic, household employee, baby sitter, agricultural worker, or day laborer, then the gross fee charged such applicant shall not be in excess of twenty-five percent of the first full month's gross salary or wages:  PROVIDED, That where an applicant accepts employment as a domestic or household employee for a period of less than one month, then the gross fee charged such applicant shall not exceed twenty-five percent of the gross salary or wages paid.

          (5) Any applicant requesting a refund of a fee paid to an employment agency in accordance with the terms of the approved fee schedule of the employment agency pursuant to this section shall file with the employment agency a form requesting such refund on which shall be set forth information reasonably needed and requested by the employment agency, including but not limited to the following:  Circumstances under which employment was terminated, dates of employment, and gross earnings of the applicant.

          (6) Refund requests which are not in dispute shall be made by the employment agency within thirty days of receipt.