H-3720.1  _______________________________________________

                          HOUSE BILL 2904

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representatives Clements, Chandler, McMorris and Mulliken

Read first time 02/04/2002.  Referred to Committee on Commerce & Labor.

Providing greater predictability and consistency in the state wage and hour laws.

    AN ACT Relating to the provision of greater predictability and consistency in the state wage and hour laws; and adding new sections to chapter 49.46 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 49.46 RCW to read as follows:

    The legislature recognizes that Washington state has a long history of being a pioneer in the protection of worker rights.  At the same time the legislature recognizes the importance of providing reasonable predictability and certainty to employers who seek to comply with statutory requirements.  Workers and employers have a right to expect clarity and consistency in the determination of their rights and obligations under the law.  The legislature finds that such expectations are currently not being met.  The legislature further finds that in order to meet these expectations, workers and employers have a right to expect a clear statutory and regulatory framework.  Where state statutes are silent or ambiguous and the state has not chosen to adopt clarifying rules, employers and workers should be able to look to federal interpretations for clarity and predictability.

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

    All terms, provisions, rights, and obligations in this chapter shall be given the same meaning as given to comparable terms, provisions, rights, and obligations by the federal fair labor standards act of 1938, as amended, and the regulations interpreting and applying those terms issued by the United States department of labor.  If this chapter does not contain any term, provision, right, or obligation contained in the federal fair labor standards act of 1938, as amended, or in the regulations interpreting and applying those terms issued by the United States department of labor, then such federal provisions shall control in any action arising under this chapter.  This section does not apply to the extent any term or provision of this chapter, or any formal regulation adopted by the department of labor and industries interpreting and applying this chapter, is expressly contrary to the comparable provision of the federal fair labor standards act of 1938, as amended, or the regulations interpreting and applying those terms issued by the United States department of labor.

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