BILL REQ. #: H-1131.1
State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 02/04/2003. Referred to Committee on Commerce & Labor.
AN ACT Relating to the provision of greater predictability and consistency in the state wage and hour laws; amending RCW 49.46.005; and adding new sections to chapter 49.46 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 49.46.005 and 1961 ex.s. c 18 s 1 are each amended to
read as follows:
((Whereas)) The establishment of a minimum wage for employees is a
subject of vital and imminent concern to the people of this state and
requires appropriate action by the legislature to establish minimum
standards of employment within the state of Washington((,)) consistent
with the standards established in the federal fair labor standards act
unless the legislature has expressly established a different standard.
Therefore the legislature ((declares that in its considered judgment
the health, safety and the general welfare of the citizens of this
state require the enactment of this measure, and exercising its police
power, the legislature endeavors by)), under this chapter ((to)),
establishes a minimum wage and other conditions of employment for
employees of this state, consistent with requirements of the federal
fair labor standards act unless the legislature has enacted an
expressly different requirement, to encourage employment opportunities
within the state. The provisions of this chapter are enacted in the
exercise of the police power of the state for the purpose of protecting
the immediate and future health, safety and welfare of the people of
this state.
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 under federal law, 29 U.S.C. Secs.
202 through 262, and the regulations and statements of general policy
and interpretation applying and interpreting those terms issued by the
United States department of labor. In the absence of any term,
provision, right, or obligation in this chapter contained in federal
law, 29 U.S.C. Secs. 202 through 262, or in the regulations and
statements of general policy and interpretation applying and
interpreting those terms issued by the United States department of
labor, then such federal provisions shall control in any action arising
under this chapter. However, this section shall not apply to the
extent any term or provision of this chapter, or any formal rule
adopted by the department of labor and industries interpreting and
applying this chapter, is expressly contrary to the comparable
provision of federal law, 29 U.S.C. Secs. 202 through 262, or in the
regulations and statements of general policy and interpretation
applying and interpreting those terms issued by the United States
department of labor.
NEW SECTION. Sec. 3 A new section is added to chapter 49.46 RCW
to read as follows:
In any action or proceeding based on any act or omission on or
after the effective date of this section, no employer is subject to
liability or punishment for or on account of the failure of the
employer to pay minimum wages or overtime compensation under this title
if the employer pleads and proves that the act or omission complained
of was in good faith in conformity with and in reliance on any written
administrative rule, order, ruling, approval, or interpretation of the
department, or any administrative practice or enforcement policy of the
department with respect to the class of employers to which the employer
belonged. Such a defense, if established, is a bar to the action or
proceeding, notwithstanding that after the act or omission, the
administrative rule, order, ruling, approval, interpretation, practice,
or enforcement policy is modified or rescinded or is determined by
judicial authority to be invalid or of no legal effect.