5118-S AMH APP H2836.1

SSB 5118 - H COMM AMDS

By Committee on Appropriations

    On page 2, line 5, after "((,))" insert "compensated at up to twice the regular rate of pay"

    On page 2, line 15, after "payment" insert ", including overtime payments,"

EFFECT:  Clarifies that:  (1) Overtime pay is not excess compensation if it is paid at a rate up to twice the regular rate of pay; and (2) the portion of an overtime payment that exceeds twice the regular rate of pay is excess compensation.

SSB 5118 - H COMM AMDS

By Committee on Appropriations

    On page 2, after line 32, insert the following:

NEW SECTION. Sec. 2.  A new section, which shall be uncodified, is added to chapter 41.50 RCW to read as follows:

    The definition of "cash out" added to RCW 41.50.150(2)(a) by this act is a clarification of the legislature's original intent regarding the meaning of the term.  The definition of "cash out" applies retroactively to payments made before the effective date of this act."

    Renumber remaining section consecutively and correct title accordingly.

EFFECT:  The definition of "cash out" added by this bill is a clarification of the Legislature's original intent and is retroactive.  If litigation arises out of cash  outs made prior to this act's effective date, the court will treat this bill as a clarification rather than an amendment.  This language was included in SHB 1082, the House version of this bill.

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