AN ACT Relating to hours of labor; adding new sections to chapter 49.28 RCW; and providing effective dates.

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

NEW SECTION. Sec. 1. The legislature finds that the health and well-being of employees is seriously affected by onerous working hours imposed, without choice, on employees. As a result, employees suffer serious physical and mental health conditions that impact both employees and their families. The stress caused by long working hours leads to family instability, weakening the social fabric of communities. In addition, safety and productivity in the work place are jeopardized when employees endure long, successive work shifts with little time for recovery. Furthermore, as long work hours consume more of employees' time, employees are unable to participate effectively in community affairs or volunteer for educational and charitable purposes, activities that are the foundations of democratic societies. To address these concerns, the legislature finds it necessary to regulate the hours of labor, to the end that the eight hour work day and the forty-hour work week become meaningful choices in the work place.

NEW SECTION. Sec. 2. For the purposes of sections 3 through 7 of this act, the following definitions apply, unless the context requires otherwise:

(1) "Department" means the department of labor and industries.

(2) "Director" means the director of the department of labor and industries.

(3) "Employer" means "employer" as defined in RCW 49.78.020.

(4) "Employee" includes any person employed by an employer, except:

(a) Persons employed in bona fide executive, administrative, or professional capacities and exempt under chapter 49.46 RCW;

(b) Employees engaged in fire protection and law enforcement activities; and

(5) "Work day" means a fixed and regularly recurring period of twenty-four hours, beginning at the same time each calendar day.

(6) "Work week" means a fixed and regularly recurring period of seven consecutive twenty-four hour periods, beginning on any day of the week and any hour of the day.

NEW SECTION. Sec. 3. (1) Except as otherwise provided in this section, no employer may require an employee to work more than eight hours in any work day or more than forty hours in any work week.

(2) An employee may be required to work more than eight hours in any work day if:

(a) At least ten hours have elapsed following the completion of the employee's last scheduled work period and the last scheduled work period consisted of no more than eight hours in the work day;

(b) The employer's work week is based on four ten-hour work days in a work week; or

However, in no case may the employee's work period be extended involuntarily more than two hours beyond the normally required work period nor may the employee be required to work more than forty hours in any work week.

(3) Subsections (1) and (2) of this section do not prohibit an employee from voluntarily agreeing to work more than eight hours in any work day or more than forty hours in any work week. Unless exempt under RCW 49.46.130, the employee shall be compensated as required under RCW 49.46.130 for work beyond forty hours in the work week.

(4) This section does not apply to work performed in emergency situations endangering public health and safety, which include, but are not limited to, fires, natural disasters, civil disorders, utility interruptions, services required by the armed forces of the United States, or other situations determined by the department to be emergencies.

(5) (a) Unless the employer's employees are covered by a collective bargaining agreement or represented by an exclusive bargaining representative, whether the representative is certified or recognized, the employer may petition to the department for a variance from the requirements of this section if at least seventy-five percent of the employer's employees in the affected work unit vote by secret ballot to approve a written proposal for a regularly scheduled week of work consisting of hours and days not otherwise permitted under this section.

(b) The department shall adopt rules providing for the election procedures and documentation required to apply for a variance under this section.

(c) Nothing in this subsection (5) limits the application of RCW 49.46.130 to the employees covered by a variance under this section.

(6) Notwithstanding the provisions of subsections (1) and (2) of this section, an employer may require an employee to work the next succeeding work shift following the work shift completed by the employee if:

(a)(i) In good faith, the employer has exhausted all attempts to obtain voluntary work to complete the second shift; or (ii) the employee is the only available employee with the expertise necessary to complete the shift; and

(b) The employer has ensured that the employee has safe transportation to his or her residence following the second shift, and has made every attempt to provide for child care or other family obligations as requested by the employee.

NEW SECTION. Sec. 4. (1) No employer may discharge or in any manner discriminate against an employee because the employee exercises any of the rights provided in section 3 of this act.

(2) Any employee who believes that he or she has been discharged or otherwise discriminated against in violation of this section may, within thirty days after such violation occurs, file a complaint with the director alleging such discrimination. Upon receipt of the complaint, the director shall cause an investigation to be made as the director deems appropriate. If after investigation, the director determines that the provisions of this section have been violated, the director shall bring an action in the superior court of the county in which the violation is alleged to have occurred against the person or persons alleged to have violated the provisions of this section. If the director determines that the provisions of this section have not been violated, the employee may institute the action on his or her own behalf within thirty days of receiving notice of the director's determination. In any action under this section, the superior court shall have jurisdiction, for cause shown, to restrain violations of subsection (1) of this section and to order all appropriate relief including rehiring or reinstatement of the employee to his or her former position with back pay.

(3) Within ninety days of the receipt of the complaint filed under this section, the director shall notify the complainant of the determination under subsection (2) of this section.

NEW SECTION. Sec. 5. Section 3 of this act establishes a minimum standard for hours of employment and conditions of work of all employees in this state, unless specifically exempt. Nothing in section 3 of this act shall be deemed to interfere with or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing to establish conditions of work more favorable to employees than the minimum applicable under section 3 of this act.

NEW SECTION. Sec. 6. The department shall administer the provisions of sections 1 through 5 of this act and shall adopt rules to implement sections 1 through 5 of this act.

NEW SECTION. Sec. 7. (1) This act shall take effect July 1, 1990.

(2) In the case of employees covered by an unexpired collective bargaining agreement the terms of which conflict with section 3 of this act, if the agreement expires on or after the effective date of this act, the effective date of section 3 of this act with respect to such employees shall be January 1, 1991.

NEW SECTION. Sec. 8. Sections 1 through 7 of this act are each added to chapter 49.28 RCW.