S-3449 _______________________________________________
SENATE BILL NO. 6399
_______________________________________________
State of Washington 51st Legislature 1990 Regular Session
By Senators Barr, Hansen, Bluechel, Warnke, Johnson, Lee and Bailey
Read first time 1/12/90 and referred to Committee on Law & Justice.
AN ACT Relating to employer cooperation with the office of support enforcement; amending RCW 26.23.080 and 26.23.090; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 9, chapter 435, Laws of 1987 and RCW 26.23.080 are each amended to read as follows:
((No
employer shall discipline or discharge an employee or refuse to hire a person
by reason of an action authorized in this chapter. If an employer disciplines
or discharges an employee or refuses to hire a person in violation of this
section, the employee or person shall have a cause of action against the
employer. The employer shall be liable for double the amount of lost wages and
any other damages suffered as a result of the violation and for costs and
reasonable attorney fees, and shall be subject to a civil penalty of not more
than two thousand five hundred dollars for each violation.)) The
legislature finds that employers may serve the public interest by employing
persons attempting to comply with the ordered payment of child support in
fulfillment of the provisions of RCW 26.23.060 and by helping with the
collection of those obligations. For this reason, employers are encouraged to
hire and retain such persons. The office of support enforcement is directed to
cooperate with and provide assistance to all employers seeking to comply with
this mandate.
It is unlawful for an employer to discipline or discharge an employee or refuse to employ any individual because of the existence of a withholding obligation under RCW 26.23.060. If an employer violates the provisions of this section, an employee may bring a civil action for the recovery of lost wages and other damages suffered as a result of the violation and for costs and reasonable attorneys' fees. The court may fine the employer for a violation of this section in an amount not to exceed two hundred fifty dollars. The employer may also be ordered to hire, rehire, or reinstate the aggrieved individual.
Sec. 2. Section 10, chapter 435, Laws of 1987 and RCW 26.23.090 are each amended to read as follows:
(((1)
The employer shall be liable to the Washington state support registry for one
hundred percent of the amount of the support debt, or the amount of support
moneys which should have been withheld from the employee's earnings, whichever
is the lesser amount, if the employer:
(a) Fails
or refuses, after being served with a notice of payroll deduction, to deduct
and promptly remit from unpaid earnings the amounts of money required in the
notice; or
(b) Fails
or refuses to submit an answer to the notice of payroll deduction after being
served.
(2)
Liability may be established in superior court or may be established pursuant
to RCW 74.20A.270. Awards in superior court and in actions pursuant to RCW
74.20A.270 shall include costs, interest under RCW 19.52.020 and 4.56.110, and
reasonable attorney fees and staff costs as a part of the award. Debts
established pursuant to this section may be collected pursuant to chapter
74.20A RCW utilizing any of the remedies contained in that chapter)) The legislature finds that most employers are
supportive of the state's efforts to collect child support payments and are
willing to assist the state in the collection of these payments as required by
RCW 26.23.060. The office of support enforcement is directed to approach its
collection responsibilities under this chapter with this assumption, and to
make reasonable efforts to support and encourage employers to comply with RCW
26.23.060 on a voluntary basis. The office of support enforcement may find the
employer liable to the Washington support registry for one hundred percent of
the support debt of the amount that should have been withheld from the
employee's wages, whichever is the lesser amount, if an employer:
(1) Fails or refuses, after being properly informed about the notice for payroll deduction, to deduct and promptly remit from unpaid earnings, the amounts of money required in the notice;
(2) Fails or refuses to submit an answer to the notice of the payroll deduction after being properly informed of such notice; or
(3) Is unwilling to comply with the other requirements of RCW 26.23.060.
Liability may be established in superior court or may be established pursuant to RCW 74.20A.270. Awards in superior court and in actions pursuant to RCW 74.20A.270 shall include costs, interest under RCW 19.52.020 and 4.56.110, and reasonable attorneys' fees and staff costs as part of the award. Debts established pursuant to this section may be collected under chapter 74.20A RCW using any of the remedies contained in that chapter.