BP BHEAD INT S [atlas:bill]

AN ACT Relating to civil penalties for employment and labor law violations; amending RCW 49.12.130, 49.12.170, 49.12.175, 49.24.060, 49.24.380, 49.28.030, 49.28.084, 49.28.110, 49.38.060, 49.40.030, 49.44.010, 49.44.020, 49.44.030, 49.44.040, 49.44.050, 49.44.060, 49.44.080, 49.44.110, 49.44.130, 49.46.100, 49.48.020, 49.48.040, 49.52.050, and 49.52.090; reenacting and amending RCW 43.79A.040; adding a new section to Title 49 RCW; and prescribing penalties.

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

Sec. 1. RCW 49.12.130 and 1913 c 174 s 16 are each amended to read as follows:

Any employer who discharges, or in any other manner discriminates against any employee because such employee has testified or is about to testify, or because such employer believes that said employee may testify in any investigation or proceedings relative to the enforcement of RCW 49.12.010 through 49.12.180, shall be ((~~deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of from twenty-five dollars to one hundred dollars for each such misdemeanor~~)) subject to a civil penalty of not more than one thousand dollars.

Sec. 2. RCW 49.12.170 and 1994 c 164 s 21 are each amended to read as follows:

Except as otherwise provided in RCW 49.12.390 or 49.12.410, any employer employing any person for whom a minimum wage or standards, conditions, and hours of labor have been specified, at less than said minimum wage, or under standards, or conditions of labor or at hours of labor prohibited by the rules and regulations of the director; or violating any other of the provisions of chapter 16, Laws of 1973 2nd ex. sess., shall be ((~~deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars nor~~)) subject to a civil penalty of not more than one thousand dollars.

Sec. 3. RCW 49.12.175 and 1943 c 254 s 1 are each amended to read as follows:

Any employer in this state, employing both males and females, who shall discriminate in any way in the payment of wages as between sexes or who shall pay any female a less wage, be it time or piece work, or salary, than is being paid to males similarly employed, or in any employment formerly performed by males, shall be ((~~guilty of a misdemeanor~~)) subject to a civil penalty of not more than one thousand dollars. If any female employee shall receive less compensation because of being discriminated against on account of her sex, and in violation of this section, she shall be entitled to recover in a civil action the full amount of compensation that she would have received had she not been discriminated against. In such action, however, the employer shall be credited with any compensation which has been paid to her upon account. A differential in wages between employees based in good faith on a factor or factors other than sex shall not constitute discrimination within the meaning of RCW 49.12.010 through 49.12.180.

Sec. 4. RCW 49.24.060 and 1937 c 131 s 7 are each amended to read as follows:

Violation of or noncompliance with any provision of ((~~this article~~)) RCW 49.24.010 through 49.24.070 by any employer, manager, superintendent, foreman or other person having direction or control of such work shall be ((~~a gross misdemeanor punishable by a fine of not less than two hundred and fifty dollars or by imprisonment for not more than one year or by both such fine and imprisonment~~)) subject to a civil penalty of not less than one thousand dollars nor more than five thousand dollars.

Sec. 5. RCW 49.24.380 and 1941 c 194 s 31 are each amended to read as follows:

Every person violating any of the provisions of RCW 49.24.080 through 49.24.380 shall be ((~~guilty of a misdemeanor~~)) subject to a civil penalty of not more than one thousand dollars.

Sec. 6. RCW 49.28.030 and 1899 c 101 s 3 are each amended to read as follows:

Any contractor, subcontractor, or agent of contractor or subcontractor, foreman or employer who shall violate the provisions of RCW 49.28.010 through 49.28.030, shall be ((deemed guilty of misdemeanor and upon conviction shall be fined in a sum not less than twenty-five dollars nor more than two hundred dollars, or with imprisonment in the county jail for a period of not less than ten days nor more than ninety days, or both such fine and imprisonment, at the discretion of the court)) subject to a civil penalty of not more than one thousand dollars.

Sec. 7. RCW 49.28.084 and 1937 c 129 s 4 are each amended to read as follows:

Any employer violating RCW 49.28.080 through 49.28.082 shall be ((~~guilty of a misdemeanor~~)) subject to a civil penalty of not more than one thousand dollars.

Sec. 8. RCW 49.28.110 and 1953 c 271 s 2 are each amended to read as follows:

Any person violating the provisions of RCW 49.28.100 ((~~is guilty of a misdemeanor~~)) shall be subject to a civil penalty of not more than one thousand dollars.

Sec. 9. RCW 49.38.060 and 1984 c 89 s 6 are each amended to read as follows:

Any person who violates this chapter ((~~is guilty of a gross misdemeanor~~)) shall be subject to a civil penalty of not less than one thousand dollars nor more than five thousand dollars.

Sec. 10. RCW 49.40.030 and 1919 c 191 s 3 are each amended to read as follows:

Every employee who with intent to defraud shall have secured advances of money or supplies under a contract for seasonable labor and who with intent to defraud shall willfully fail to perform sufficient labor to compensate for such advances and supplies made under such contract shall be ((~~guilty of a gross misdemeanor~~)) subject to a civil penalty of not less than one thousand dollars nor more than five thousand dollars.

Sec. 11. RCW 49.44.010 and 1899 c 23 s 1 are each amended to read as follows:

Every person in this state who shall willfully and maliciously, send or deliver, or make or cause to be made, for the purpose of being delivered or sent or part with the possession of any paper, letter or writing, with or without name signed thereto, or signed with a fictitious name, or with any letter, mark or other designation, or publish or cause to be published any statement for the purpose of preventing any other person from obtaining employment in this state or elsewhere, and every person who shall willfully and maliciously "blacklist" or cause to be "blacklisted" any person or persons, by writing, printing or publishing, or causing the same to be done, the name, or mark, or designation representing the name of any person in any paper, pamphlet, circular or book, together with any statement concerning persons so named, or publish or cause to be published that any person is a member of any secret organization, for the purpose of preventing such person from securing employment, or who shall willfully and maliciously make or issue any statement or paper that will tend to influence or prejudice the mind of any employer against the person of such person seeking employment, or any person who shall do any of the things mentioned in this section for the purpose of causing the discharge of any person employed by any railroad or other company, corporation, individual or individuals, shall((, on conviction thereof, be adjudged guilty of misdemeanor and punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ninety days nor more than one year, or by both such fine and imprisonment)) be subject to a civil penalty of not more than one thousand dollars.

Sec. 12. RCW 49.44.020 and 1909 c 249 s 424 are each amended to read as follows:

Every person who shall give, offer or promise, directly or indirectly, any compensation, gratuity or reward to any duly constituted representative of a labor organization, with intent to influence him in respect to any of his acts, decisions or other duties as such representative, or to induce him to prevent or cause a strike by the employees of any person or corporation, shall be ((~~guilty of a gross misdemeanor~~)) subject to a civil penalty of not less than one thousand dollars nor more than five thousand dollars.

Sec. 13. RCW 49.44.030 and 1909 c 249 s 425 are each amended to read as follows:

Every person who, being the duly constituted representative of a labor organization, shall ask or receive, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon any agreement or understanding that any of his acts, decisions or other duties as such representative, or any act to prevent or cause a strike of the employees of any person or corporation shall be influenced thereby, shall be ((~~guilty of a gross misdemeanor~~)) subject to a civil penalty of not less than one thousand dollars nor more than five thousand dollars.

Sec. 14. RCW 49.44.040 and 1909 c 249 s 371 are each amended to read as follows:

Every person who shall obtain employment or appointment to any office or place of trust, by color or aid of any false or forged letter or certificate of recommendation, shall be ((~~guilty of a misdemeanor~~)) subject to a civil penalty of not more than one thousand dollars.

Sec. 15. RCW 49.44.050 and 1909 c 249 s 372 are each amended to read as follows:

Every employment agent or broker who, with intent to influence the action of any person thereby, shall misstate or misrepresent verbally, or in any writing or advertisement, any material matter relating to the demand for labor, the conditions under which any labor or service is to be performed, the duration thereof or the wages to be paid therefor, shall be ((~~guilty of a misdemeanor~~)) subject to a civil penalty of not more than one thousand dollars.

Sec. 16. RCW 49.44.060 and 1909 c 249 s 426 are each amended to read as follows:

Every person who shall give, offer or promise, directly or indirectly, any compensation, gratuity or reward to any agent, employee or servant of any person or corporation, with intent to influence his action in relation to his principal's, employer's or master's business, shall be ((~~guilty of a gross misdemeanor~~)) subject to a civil penalty of not less than one thousand dollars nor more than five thousand dollars.

Sec. 17. RCW 49.44.080 and 1909 c 249 s 281 are each amended to read as follows:

Every person who shall willfully and maliciously, either alone or in combination with others, break a contract of service or employment, knowing or having reasonable cause to believe that the consequence of his so doing will be to endanger human life or to cause grievous bodily injury, or to expose valuable property to destruction or serious injury, shall be ((~~guilty of a misdemeanor~~)) subject to a civil penalty of not more than one thousand dollars.

Sec. 18. RCW 49.44.110 and 1961 c 180 s 2 are each amended to read as follows:

Any person violating the provisions of RCW 49.44.100 shall be ((~~guilty of a gross misdemeanor~~)) subject to a civil penalty of not less than one thousand dollars nor more than five thousand dollars.

Sec. 19. RCW 49.44.130 and 1985 c 426 s 2 are each amended to read as follows:

(1) Any person violating the provisions of RCW 49.44.120 shall be ((~~guilty of a misdemeanor~~)) subject to a civil penalty of not more than one thousand dollars.

(2) As used in this section, "person" includes any individual, firm, corporation, or agency or political subdivision of the state.

(3) Nothing in this section or RCW 49.44.120 may be construed as limiting any statutory or common law rights of any person illegally denied employment or continued employment under RCW 49.44.120 for purposes of any civil action or injunctive relief.

Sec. 20. RCW 49.46.100 and 1959 c 294 s 10 are each amended to read as follows:

(1) Any employer who hinders or delays the director or his authorized representatives in the performance of his duties in the enforcement of this chapter, or refuses to admit the director or his authorized representatives to any place of employment, or fails to make, keep, and preserve any records as required under the provisions of this chapter, or falsifies any such record, or refuses to make any record accessible to the director or his authorized representatives upon demand, or refuses to furnish a sworn statement of such record or any other information required for the proper enforcement of this chapter to the director or his authorized representatives upon demand, or pays or agrees to pay wages at a rate less than the rate applicable under this chapter, or otherwise violates any provision of this chapter or of any regulation issued under this chapter shall be deemed in violation of this chapter and shall((~~, upon conviction therefor, be guilty of a gross misdemeanor~~)) be subject to a civil penalty of not less than one thousand dollars nor more than five thousand dollars.

(2) Any employer who discharges or in any other manner discriminates against any employee because such employee has made any complaint to his employer, to the director, or his authorized representatives that he has not been paid wages in accordance with the provisions of this chapter, or that the employer has violated any provision of this chapter, or because such employee has caused to be instituted or is about to cause to be instituted any proceeding under or related to this chapter, or because such employee has testified or is about to testify in any such proceeding shall be deemed in violation of this chapter and shall, upon conviction therefor, be guilty of a gross misdemeanor.

Sec. 21. RCW 49.48.020 and 1971 ex.s. c 55 s 2 are each amended to read as follows:

Any person, firm, or corporation which violates any of the provisions of RCW 49.48.010 through 49.48.030 and 49.48.060 shall be ((~~guilty of a misdemeanor~~)) subject to a civil penalty of not more than one thousand dollars.

Sec. 22. RCW 49.48.040 and 1987 c 172 s 1 are each amended to read as follows:

(1) The department of labor and industries may:

(a) Upon obtaining information indicating an employer may be committing a violation under chapters 39.12, 49.46, and 49.48 RCW, conduct investigations to ensure compliance with chapters 39.12, 49.46, and 49.48 RCW;

(b) Order the payment of all wages owed the workers and institute actions necessary for the collection of the sums determined owed; and

(c) Take assignments of wage claims and prosecute actions for the collection of wages of persons who are financially unable to employ counsel when in the judgment of the director of the department the claims are valid and enforceable in the courts.

(2) The director of the department or any authorized representative may, for the purpose of carrying out RCW 49.48.040 through 49.48.080: (a) Issue subpoenas to compel the attendance of witnesses or parties and the production of books, papers, or records; (b) administer oaths and examine witnesses under oath; (c) take the verification of proof of instruments of writing; and (d) take depositions and affidavits. If assignments for wage claims are taken, court costs shall not be payable by the department for prosecuting such suits.

(3) The director shall have a seal inscribed "Department of Labor and Industries--State of Washington" and all courts shall take judicial notice of such seal. Obedience to subpoenas issued by the director or authorized representative shall be enforced by the courts in any county.

(4) The director or authorized representative shall have free access to all places and works of labor. Any employer or any agent or employee of such employer who refuses the director or authorized representative admission therein, or who, when requested by the director or authorized representative, willfully neglects or refuses to furnish the director or authorized representative any statistics or information pertaining to his or her lawful duties, which statistics or information may be in his or her possession or under the control of the employer or agent, shall be ((~~guilty of a misdemeanor~~)) subject to a civil penalty of not more than one thousand dollars.

Sec. 23. RCW 49.52.050 and 1941 c 72 s 1 are each amended to read as follows:

Any employer or officer, vice principal or agent of any employer, whether said employer be in private business or an elected public official, who:

(1) Shall collect or receive from any employee a rebate of any part of wages theretofore paid by such employer to such employee; or

(2) Willfully and with intent to deprive the employee of any part of his wages, shall pay any employee a lower wage than the wage such employer is obligated to pay such employee by any statute, ordinance, or contract; or

(3) Shall willfully make or cause another to make any false entry in any employer's books or records purporting to show the payment of more wages to an employee than such employee received; or

(4) Being an employer or a person charged with the duty of keeping any employer's books or records shall willfully fail or cause another to fail to show openly and clearly in due course in such employer's books and records any rebate of or deduction from any employee's wages; or

(5) Shall willfully receive or accept from any employee any false receipt for wages;

shall be ((~~guilty of a misdemeanor~~)) subject to a civil penalty of not more than one thousand dollars.

Sec. 24. RCW 49.52.090 and 1935 c 29 s 1 are each amended to read as follows:

Every person, whether as a representative of an awarding or public body or officer, or as a contractor or subcontractor doing public work, or agent or officer thereof, who takes or receives, or conspires with another to take or receive, for his own use or the use of any other person acting with him any part or portion of the wages paid to any laborer, workman or mechanic, including a piece worker and working subcontractor, in connection with services rendered upon any public work within this state, whether such work is done directly for the state, or public body or officer thereof, or county, city and county, city, town, township, district or other political subdivision of the said state or for any contractor or subcontractor engaged in such public work for such an awarding or public body or officer, shall be ((~~guilty of a gross misdemeanor~~)) subject to a civil penalty of not less than one thousand dollars nor more than five thousand dollars.

NEW SECTION. Sec. 25. A new section is added to Title 49 RCW to read as follows:

The labor and employment law enforcement account is created in the custody of the state treasurer. All monetary penalties collected under this title shall be deposited into the account. Expenditures from the account may be used only for the purposes of administering and enforcing this title. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 26. RCW 43.79A.040 and 1999 c 384 s 8 and 1999 c 182 s 2 are each reenacted and amended to read as follows:

(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.

(2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.

(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

(4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.

(b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the labor and employment law enforcement account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility grant account, the self-insurance revolving fund, the sulfur dioxide abatement account, and the children's trust fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

(c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.

(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.