WSR 13-24-011
PERMANENT RULES
EMPLOYMENT SECURITY DEPARTMENT
[Filed November 21, 2013, 12:16 p.m., effective December 22, 2013]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The rule requires owners of certain small fishing vessels to notify their employees they are not covered by unemployment insurance. The department will provide a poster containing the required information.
Citation of Existing Rules Affected by this Order: Amending WAC 192-310-100.
Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.
Adopted under notice filed as WSR 13-20-113 on October 1, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: November 21, 2013.
Nan Thomas
Deputy Commissioner
AMENDATORY SECTION (Amending WSR 07-23-127, filed 11/21/07, effective 1/1/08)
WAC 192-310-100 What notices does the department require or recommend employers to post?
(Relating to RCW 50.20.140, 50.12.290, ((and)) 50.44.045, 50.24.160, and 50.04.170.)
(1) Employers who are responsible for unemployment insurance coverage of their employees must post and maintain printed notices to individuals who are employed by the employer. The notices provide information to individuals who may be unemployed about how to apply for benefits. The notices are to be posted in conspicuous places close to the actual location where the personal services are performed.
(2) The department will provide required notices to employers without charge. The department will send required notices to employers when they file a master application for a business license registering for unemployment insurance. The department will send updated notices to employers when there are substantive changes in the information.
(3) The department may also make recommendations of additional materials to post.
(4) A church, a convention or association of churches, or an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or a convention or association of churches shall display in a conspicuous place a poster giving notice that its employees are not considered in employment for purposes of unemployment insurance. The department shall make these posters available without charge.
(5)(a) The owner of a boat with an operating crew normally made up of fewer than ten individuals engaged in the catching of fish or other forms of aquatic animal life must provide the individual members of the operating crew written notice, or post such notice in a conspicuous place, that states these individuals are not covered for unemployment insurance purposes unless the owner chooses to voluntarily cover them, when the operating crew receives no remuneration other than the following:
(i) A share of the boat's catch (or the catch of multiple boats if the fishing operation involves more than one boat); or
(ii) A share of the proceeds from the sale of the catch.
(b) The amount of the individual's share must depend on the amount of the boat or boats' catch.
(c) A notice that meets these requirements is available without charge on the department's web site.