AN ACT Relating to conditions of employment; amending RCW 49.46.130; and adding a new section to chapter 49.46 RCW.

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

Sec. 1. Section 1, chapter 104, Laws of 1989 and RCW 49.46.130 are each amended to read as follows:

(1) ((No employer shall employ any of his employees for a work week longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed, except that the provisions of this subsection (1) shall)) Except as otherwise provided in this section, no employer shall employ any employee more than forty hours in any work week unless the employee receives compensation for his or her employment at a rate of pay not less than one and one-half times the employee's regular rate of pay for all hours worked over forty hours in the work week.

(2) Except as otherwise provided in subsection (3) of this section, no employer shall employ any employee more than eight hours in any work day or more than six days in any work week unless the employee receives compensation for his or her employment beyond eight hours in any work day or six days in any work week at a rate of pay not less than:

(a) One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including twelve hours in any work day, and for the first eight hours worked on the seventh day of work; and

(b) Twice the employee's regular rate of pay for all hours worked in excess of twelve hours in any work day and for all hours worked in excess of eight hours on the seventh day of work in any work week.

(3)(a) Any employee on a schedule of four ten-hour work days in a work week who is required or permitted to work more than ten hours in any work day, up to and including twelve hours, or more than forty hours in a work week shall be compensated at a rate of pay not less than one and one-half times the employee's regular rate of pay. All work performed in excess of twelve hours in a work day shall be compensated at twice the employee's regular rate of pay.

(b) If an employee on a four ten-hour work schedule is required or permitted to work more than four work days after working forty hours in the work week, the employee shall be compensated at a rate of pay not less than one and one-half times the employee's regular rate of pay for the first eight hours on each work day over four work days in the work week and twice the employee's regular rate of pay for work in excess of eight hours on each work day over four work days in the work week.

(4) If an employee voluntarily chooses to work under a flexible work arrangement, the compensation requirements of subsection (2)(a) of this section shall not apply with respect to the first two hours over eight hours worked in any work day by that employee. "Flexible work arrangement" includes, but is not limited to:

(a) A daily work schedule containing core time of no more than six work hours during which the employee is required to work, and designated hours of no less than two hours before and/or after the core time, during which the employee selects the time of arrival and the time of departure;

(b) Job sharing with another employee; or

(5) An employee may be employed on seven work days in one work week with no overtime pay required under this section if the total hours of employment during the work week do not exceed thirty hours and the total hours of employment in any one work day do not exceed six hours.

(6) If both subsections (1) and (2) of this section apply to any of the hours worked by an employee, the employee's compensation for those hours under this section shall be calculated under the subsection providing the higher compensation.

(7) No employer may require an employee to work more than one hundred four overtime hours per quarter, except in an emergency as defined by department rule.

(8) If an employee works at least eight hours per day for twelve consecutive days, he or she shall be scheduled for at least the next two days off.

(9) No employer may discharge or in any manner discriminate against an employee because the employee exercises the rights provided in this section. Any employee who believes that he or she has been discriminated against in violation of this section may proceed as provided in RCW 49.17.160.

(10) This section does not apply to:

(a) Any person exempted pursuant to RCW 49.46.010(5) ((~~as now or hereafter amended and the provision of this subsection shall not apply to~~));

(b) Employees who request compensating time off in lieu of overtime pay!se ((~~nor to~~));

(c) Any individual employed as a seaman whether or not the seaman is employed on a vessel other than an American vessel((~~, nor to~~));

(d) Seasonal employees who are employed at concessions and recreational establishments at agricultural fairs, including those seasonal employees employed by agricultural fairs, within the state provided that the period of employment for any seasonal employee at any or all agricultural fairs does not exceed fourteen working days a year((~~, nor to~~));

(e) Any individual employed as a motion picture projectionist if that employee is covered by a contract or collective bargaining agreement which regulates hours of work and overtime pay((, nor to an individual employed as a truck or bus driver who is subject to the provisions of the Federal Motor Carrier Act (49 U.S.C. Sec. 3101 et seq. and 49 U.S.C. Sec. 10101 et seq.), if the compensation system under which the truck or bus driver is paid includes overtime pay, reasonably equivalent to that required by this subsection, for working longer than forty hours per week.

(2) No public agency shall be deemed to have violated subsection (1) of this section with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) if: (a) In a work period of twenty-eight consecutive days the employee receives for tours of duty which in the aggregate exceed two hundred and forty hours; or (b) in the case of such an employee to whom a work period of at least seven but less than twenty-eight days applies, in his work period the employee receives for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in his work period as two hundred forty hours bears to twenty-eight days; compensation at a rate not less than one and one-half times the regular rate at which he is employed: PROVIDED, That this section shall not apply to));

(f) Any individual employed (i) on a farm, in the employ of any person, in connection with the cultivation of the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wildlife, or in the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment; or (ii) in packing, packaging, grading, storing or delivering to storage, or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; or (iii) commercial canning, commercial freezing, or any other commercial processing, or with respect to services performed in connection with the cultivation, raising, harvesting, and processing of oysters or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption((~~: PROVIDED FURTHER, That in~~)); or

(g) Any industry in which federal law provides for an overtime payment based on a work week other than forty hours ((~~then provisions of this section shall not apply;~~)). However, the provisions of the federal law regarding overtime payment based on a work week other than forty hours shall nevertheless apply to employees covered by this section without regard to the existence of actual federal jurisdiction over the industrial activity of the particular employer within this state((~~: PROVIDED FURTHER, That~~)). For the purposes of this subsection, "industry" ((~~as that term is used in this section shall mean~~)) means a trade, business, industry, or other activity, or branch, or group thereof, in which individuals are gainfully employed (section 3(h) of the Fair Labor Standards Act of 1938, as amended (Public Law 93-259).

(11) No public agency shall be deemed to have violated subsection (1) of this section with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) if: (a) In a work period of twenty-eight consecutive days the employee receives for tours of duty which in the aggregate exceed two hundred forty hours; or (b) in the case of such an employee to whom a work period of at least seven but less than twenty-eight days applies, in his or her work period the employee receives for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in his or her work period as two hundred forty hours bears to twenty-eight days; compensation at a rate not less than one and one-half times the regular rate at which he or she is employed. (11) Subsections (2) through (4) and (7) of this section do not apply to employees employed in the health care industry.

NEW SECTION. Sec. 2. A new section is added to chapter 49.46 RCW to read as follows:

(1) An employee who reports to work as required by the employer and who is not given work, or is given less than half of the employee's usual or scheduled day's work, shall be paid for the hours in half the usual or scheduled day's work or for four hours of work, whichever is greater, at the employee's regular rate of pay.

(2) If an employee is required to report for work a second time in any one work day and is given less than two hours of work at the second report, the employee shall be paid for two hours at the employee's regular rate of pay.

(3) Subsections (1) and (2) of this section do not apply if:

(a) Operations cannot commence or continue because of threats to employees or property or because of recommendations by civil authorities;

(b) Public utility services are interrupted;

(d) The employee is on paid standby status and is called to perform assigned work at a time other than the employee's scheduled reporting time; or

(e) The employee is employed in fire protection activities, law enforcement activities, or the health care industry.