1213-S2 AMH JACO LEON 951

2SHB 1213 - H AMD 708

By Representative Jacobsen

NOT ADOPTED 03/11/2025

On page 17, after line 21, insert the following:

"NEW SECTION. Sec. 12. A new section is added to chapter 50A.40 RCW to read as follows:

If the department fails to send payments for benefits within the time periods specified in RCW 50A.15.050(1) or payments for grants within the time periods specified in section 9 of this act, the employee or employer may bring a civil action against the department in a court of competent jurisdiction for damages equal to three times actual damages, plus reasonable attorneys' fees and costs. The costs for an award against the department under this section may not be paid from the family and medical leave insurance account."

Renumber the remaining sections consecutively and correct any internal references accordingly.

EFFECT: Allows an employee or employer to bring a private right of action against the Employment Security Department (Department) for failing to send payments for benefits or grants within the required 14-day time period. Provides that the employee or employer is entitled to damages equal to three times actual damages, plus reasonable attorneys' fees and costs. Specifies that the cost for any award against the Department may not be paid from the Family and Medical Leave Insurance Account.

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