WSR 20-08-057
EMERGENCY RULES
EMPLOYMENT SECURITY DEPARTMENT
[Filed March 25, 2020, 3:24 p.m., effective March 25, 2020, 3:24 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The rule making is proposed in order to provide support to employees and employers impacted by the COVID-19 virus across the state. These emergency rules relate to expanding shared work to make it available for more employers and more employees.
Citation of Rules Affected by this Order: Repealing WAC 192-250-015; and amending WAC 192-250-020 and 192-250-045.
Statutory Authority for Adoption: RCW 50.12.040.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: In Proclamation 20-05, Governor Inslee proclaimed a State of Emergency in Washington regarding COVID-19. The proclamation directs agencies and departments to support the department of health and local officials in alleviating the impacts to people, property, and infrastructure across the state.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: March 25, 2020.
Dan Zeitlin
Employment Security Policy Director
AMENDATORY SECTION(Amending WSR 13-24-016, filed 11/21/13, effective 12/22/13)
WAC 192-250-020What are the criteria for having a shared work plan approved?
In addition to the criteria listed in RCW 50.60.030, employers must:
(1) ((Be current in the payment of all unemployment insurance taxes required under Title 50 RCW, or be current on an approved deferred payment contract on file with the department;
(2))) Include their ESD number on the plan application; and
(((3)))(2) Designate a representative to be a liaison between the department and the employees who participate in the shared work plan.
AMENDATORY SECTION(Amending WSR 13-24-016, filed 11/21/13, effective 12/22/13)
WAC 192-250-045Who is not eligible for participation in the shared work program?
(((1))) The following employees are not eligible for participation in the shared work program:
(((a)))(1) Employees paid on any basis other than hourly wage. This includes, but is not limited to, employees paid on a piece rate, mileage rate, job rate, salary, or commission basis. The commissioner may waive this provision for employees paid as listed above if an hourly rate of pay can be established((, except that salaried employees may participate only if they are eligible for paid overtime)).
(((b)))(2) Officers of the corporation that is applying for participation.
(((c)))(3) Seasonal employees during the off season.
(((2) The following businesses are not eligible for participation in the shared work program:
(a) For weeks of benefits paid before July 1, 2012, and after June 28, 2015, businesses with a tax rate of 5.4 percent or more, not including the social cost factor rate and taxes under RCW 50.24.010 and 50.24.014.
(b) Nonqualified employers, meaning employers who have reported no payroll for four consecutive quarters.
(c) Employers not registered in Washington for six months prior to application.))
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 192-250-015
When is an employer eligible to participate in the shared work program?