Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. Whereas domestic workers were historically excluded from many basic labor protections and whereas these protections have been identified as a priority to the people of the state of Washington, this act declares that health, safety, wage protections, and general welfare are guaranteed for domestic workers. This includes basic protections for wages, meal and rest breaks, clarity on what constitutes working time, and the freedom from intimidating and hostile work environments.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Casual labor" means work that is irregular, uncertain, and incidental in nature and duration and is different in nature from the type of paid work in which the worker is customarily engaged in.

(2) "Department" means the department of labor and industries.

(3) "Director" means the director of the department.

(4)(a) "Domestic worker" includes any worker who:

(i) Is an hourly employee, salaried employee, or independent contractor;

(ii) Works for one or more hiring entities; and

(iii) Works in one or more residences as a nanny, house cleaner, home care worker, cook, gardener, or household manager.

(b) "Domestic worker" does not include:

(i) Any person who provides babysitting on a casual labor basis;

(ii) Any person employed in casual labor in or about a private home, unless employed by a hiring entity for work performed in the course of the hiring entity's trade, business, or profession;

(iii) Any individual provider, as defined in RCW 74.39A.240;

(iv) Any person who performs house sitting, pet sitting, or dog walking duties; or

(v) Any person in a family relationship with the hiring entity.

(5) "Employ" includes to permit to work.

(6) "Family member" shall be liberally construed to include, but not be limited to, a parent, child, sibling, aunt, uncle, cousin, grandparent, grandchild, grandniece, or grandnephew, or such relatives when related by marriage.

(7)(a) "Hiring entity" means any person, group of persons, partnership, association, corporation, business trust, employer as defined in RCW 49.46.010, or any combination thereof, that pays wages or compensation to a domestic worker or pays for the services of a domestic worker. It includes any such person, entity, or employer acting directly or indirectly in the interest of the hiring entity in relation to the worker. However, when any person, entity, or household contracts with a separate hiring entity for the services of one or more domestic workers, the separate hiring entity is solely responsible for the requirements in this chapter and violations arising therefrom unless the person, entity, or household interferes with the rights or obligations in this chapter.

(b) "Hiring entity" does not include state agencies or in-home services agencies as defined in RCW 70.127.010 if the home care agency receives funds through chapter 74.39A RCW.

NEW SECTION. Sec. 3. (1)(a) A hiring entity employing a domestic worker shall pay the domestic worker at least the minimum hourly rate as provided by RCW 49.46.020. This constitutes a wage payment requirement as defined in RCW 49.48.082.

(b) A hiring entity employing a domestic worker shall pay the domestic worker overtime compensation at a rate of one and one-half times the worker's regular rate for hours worked for the hiring entity in excess of 40 hours in a workweek as provided by RCW 49.46.130. This constitutes a wage payment requirement as defined in RCW 49.48.082.

(c) The compensation owed to a domestic worker under this chapter is subject to the provisions of RCW 49.52.050 and 49.52.070, where a hiring entity is subject to the same obligations and remedies as an employer under those sections.

(2)(a) A hiring entity shall provide a domestic worker an uninterrupted meal period of at least 30 minutes which commences no less than two hours nor more than five hours from the beginning of the shift worked for the hiring entity. Meal periods are on the hiring entity's time when the domestic worker is required by the hiring entity to remain on duty on the premises or at a prescribed worksite in the interest of the hiring entity.

(b) A domestic worker may not be required to work more than five consecutive hours for the hiring entity without a meal period.

(c) A hiring entity shall provide a domestic worker working three or more hours longer than a normal workday for the hiring entity at least one 30-minute meal period prior to or during the overtime period.

(d) A hiring entity shall provide a domestic worker with an uninterrupted rest period of not less than 10 minutes, on the hiring entity's time, for each four hours of time worked for the hiring entity. The rest periods must be scheduled as near as possible to the midpoint of the work period. A domestic worker may not be required to work more than three hours without a rest period.

(e) A hiring entity may not discourage meal and rest periods and may not request that a domestic worker voluntarily waive meal and rest periods.

(f) If the nature of the work does not allow a domestic worker to be relieved of all duties, making uninterrupted meal or rest periods impractical or impossible, a hiring entity shall compensate the domestic worker for the time at the regular rate of pay.

(3) Subsections (1) and (2) of this section do not apply where a domestic worker voluntarily provides additional home care in excess of a written agreement between only the domestic worker and a family member to whom the domestic worker is providing services.

(4) The domestic worker has the right to retain personal effects, including any legal documents, including forms of identification, passports, or other immigration documents.

(5)(a) The hiring entity responsible for paying compensation to the domestic worker shall provide the terms and conditions of employment in a written agreement, including the rate of pay and any other applicable benefits or other requirements, and including work schedules, overtime expectations, compensation for additional duties, deduction, sick days, vacation days, personal days, holidays, transportation costs and benefits, severance benefits, health insurance coverage and costs, and any fees or other costs for the domestic worker associated with expectations of employment. The written agreement must be in a language or languages understood by the worker and hiring entity, and may not include conditions specified under section 4 (7) and (8) of this act.

(b) The hiring entity shall provide the domestic worker with a copy of the written agreement and a disclosure of rights specified in section 14 of this act.

(6)(a) The hiring entity shall provide a minimum two-week written notification period before termination of employment. For a live-in domestic worker, the hiring entity shall provide a minimum four-week written notification period before termination of employment. The advance notification period under this subsection is not required if:

(i) The applicable work performed by the domestic worker was on a casual labor basis;

(ii) The termination occurs during an agreed-upon probationary period;

(iii) The termination is based on a good faith belief that the domestic worker has engaged in misconduct as defined in RCW 50.04.294;

(iv) The termination is caused by circumstances outside of the hiring entity's control, including death;

(v) The hiring entity and domestic worker agree that the applicable care needs have significantly changed and cannot be addressed by the current employment relationship;

(vi) The domestic worker becomes unable to fulfill the requirements of the position as provided in the written agreement; or

(vii) The domestic worker was hired on a one-time or intermittent basis without an expectation for ongoing employment.

(b) If a hiring entity does not provide notification as required under this subsection, the hiring entity shall provide the domestic worker with severance pay in the amount of the worker's standard rate of pay multiplied by the regular number of hours worked over the period of time during which the required notification was not provided. For purposes of this subsection, "standard rate of pay" means the agreed-upon rate of pay between the hiring entity and domestic worker, as reflected in the written agreement.

(7) A hiring entity shall create and maintain records documenting hours worked, rate of pay, and, if applicable, the leave time earned and used. If a complaint is filed with the department, the hiring entity shall make the records and the written agreement accessible to the department.

(8) The department or the court shall maintain the confidentiality of all records it obtains in connection with enforcement activities to the full extent permitted by law.

NEW SECTION. Sec. 4. A hiring entity that employs a domestic worker may not:

(1) Request that the domestic worker allow the hiring entity, on either a mandatory or voluntary basis, to have possession of any personal effects, including any legal documents, including forms of identification, passports, or other immigration documents;

(2) Subject a domestic worker to conduct with the purpose or effect of unreasonable interfering with the domestic worker's work performance by creating an intimidating, hostile, or offensive work environment;

(3) Monitor or record, through any means, the activities of the domestic worker using a bathroom or similar facility, in the domestic worker's private living quarters, or while the domestic worker is engaged in personal activities associated with dressing or changing clothes;

(4) Monitor, record, or interfere with the private communications of a domestic worker;

(5) Communicate to a person exercising rights protected under this chapter, directly or indirectly, the willingness or intent to inform a government employee or contracted organization suspected citizenship or immigration status of a domestic worker or a family member to a federal, state, or local agency because the domestic worker has exercised any right under this chapter;

(6) Take any adverse action against a domestic worker because the domestic worker has exercised their rights provided under this chapter. Such rights include, but are not limited to: Filing an action, organizing or communicating amongst themselves, participating in political speech, disclosing their immigration status, or instituting or causing to be instituted any proceeding under or related to this chapter;

(7) Request, direct, or require, as a condition of employment, that a domestic worker waive his or her rights under federal, state, or local law; or

(8) Request, direct, or require, as a condition of employment, that the domestic worker agree to a mandatory predispute arbitration clause for employee claims of their legal rights, nondisclosure agreements or nondisparagement agreements that inhibit the domestic worker from pursuing claims or complaints under this chapter, or noncompete agreements that limit the ability of the domestic worker to seek any other form of domestic work postemployment.

NEW SECTION. Sec. 5. (1) If a domestic worker files a complaint with the department alleging a violation of the domestic worker's rights under section 3 or 4 of this act, the department may investigate the complaint under this section.

(a) The department may not investigate any such alleged violation of rights that occurred more than three years before the date that the domestic worker filed the complaint.

(b) If a domestic worker files a timely complaint with the department, the department may investigate the complaint and issue either a citation assessing a civil penalty or a closure letter within 60 days after the date on which the department received the complaint, unless the complaint is otherwise resolved. The department may extend the period by providing advance written notice to the domestic worker and the hiring entity setting forth good cause for an extension of the period and specifying the duration of the extension.

(c) If the department investigates a violation under this section, the department may send notice of a citation assessing a civil penalty or the closure letter to both the hiring entity and the domestic worker by service of process or using a method by which the mailing can be tracked or the delivery can be confirmed to their last known addresses.

(2) Unless otherwise resolved, if the department's investigation finds that the domestic worker's allegation cannot be substantiated, the department shall issue a closure letter to the domestic worker and the hiring entity detailing such finding.

(3) If the department determines that the violation of rights under this chapter was a willful violation, the department may order the hiring entity to pay the department a civil penalty as specified in (a) of this subsection.

(a) A citation assessing a civil penalty for a willful violation of such rights must be $1,000 for each willful violation. For a repeat willful violator, the citation assessing a civil penalty must not be less than $2,000 for each repeat willful violation, but no greater than $20,000 for each repeat willful violation.

(b) The department may not issue a citation assessing a civil penalty if the hiring entity reasonably relied on:

(i) A written order, ruling, approval, opinion, advice, determination, or interpretation of the director; or

(ii) An interpretive or administrative policy issued by the department and filed with the office of the code reviser. In accordance with the department's retention schedule obligations under chapter 40.14 RCW, the department shall maintain a complete and accurate record of all written orders, rulings, approvals, opinions, advice, determinations, and interpretations for purposes of determining whether a hiring entity is immune from civil penalties under this subsection (3)(b).

(d) The department must deposit civil penalties paid under this section into the supplemental pension fund established in RCW 51.44.033.

(4) For purposes of this section, the following definitions apply:

(a) "Repeat willful violator" means any hiring entity that has been the subject of a final and binding citation for a willful violation of one or more rights under this chapter, and all applicable rules, within three years of the date of issuance of the most recent citation for a willful violation of one or more such rights.

(b) "Willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute.

NEW SECTION. Sec. 6. (1) Any person, hiring entity, or other entity aggrieved by a citation assessing a civil penalty issued by the department under section 5 of this act may appeal the citation to the director by filing a notice of appeal with the director within 30 days of the department's issuance of the citation. A citation not appealed within 30 days is final and binding, and not subject to further appeal.

(2) A notice of appeal filed with the director under this section stays the effectiveness of the citation pending final review of the appeal by the director as provided for in chapter 34.05 RCW.

(3) Upon receipt of a notice of appeal, the director shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order. The hearing and review procedures must be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation must be de novo. Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within 30 days after service of the initial order. The director shall conduct the administrative review in accordance with chapter 34.05 RCW.

(4) The director shall issue all final orders after appeal of the initial order. The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.

(5) Orders that are not appealed within the period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.

(6) A hiring entity that fails to allow adequate inspection of records in an investigation by the department within a reasonable time period may not use such records in any appeal under this section to challenge the correctness of any determination by the department of penalties assessed.

NEW SECTION. Sec. 7. Collections of unpaid citations and penalties administered under this chapter must be handled pursuant to the procedures in RCW 49.48.086.

NEW SECTION. Sec. 8. (1) It is unlawful for a hiring entity to interfere with, restrain, or deny the exercise of any right provided under or in connection with this chapter. This means a hiring entity may not use a domestic worker's exercise of any of the rights provided in this chapter as a negative factor in any employment action such as evaluation, promotion, or termination, or otherwise subject a domestic worker to discipline for the exercise of any rights provided under this chapter.

(2) A hiring entity or any other person may not communicate to a person exercising rights protected under this chapter, directly or indirectly, the willingness or intent to report suspected citizenship or immigration status of a domestic worker or a family member to a federal, state, or local agency or other applicable entity because the domestic worker has exercised a right under this chapter.

(3) It is unlawful for a hiring entity to take any adverse action against a domestic worker because the domestic worker has exercised their rights provided under this chapter. Such rights include, but are not limited to: Disclosing their immigration status or instituting or causing to be instituted any proceeding under or related to this chapter.

(4) It shall be considered a rebuttable presumption of retaliation if the hiring entity or any other person takes an adverse action against a domestic worker within 90 calendar days of the domestic worker's exercise of rights protected under this chapter. However, in the case of seasonal employment that ended before the close of the 90 calendar day period, the presumption also applies if the hiring entity fails to rehire a former domestic worker at the next opportunity for work in the same position. The hiring entity may rebut the presumption with clear and convincing evidence that the adverse action was taken for a permissible purpose.

(5) For purposes of this section, "adverse action" means any action taken or threatened by a hiring entity against a domestic worker for their exercise of rights under this chapter, which may include, but is not limited to:

(a) Denying the use of any rights provided under this chapter;

(b) Denying or delaying payment due under this chapter;

(d) Reducing the number of work hours for which the domestic worker is scheduled;

(e) Altering the domestic worker's preexisting work schedule;

(f) Reducing the domestic worker's rate of pay; and

(g) Threatening to take, or taking action, based upon the immigration status of a domestic worker or a domestic worker's family member.

NEW SECTION. Sec. 9. (1) A domestic worker who believes that they were subject to retaliation by their hiring entity, as defined in this chapter, for the exercise of any domestic worker right under this chapter, may file a complaint with the department within 180 days of the alleged retaliatory action. The department may, at its discretion, extend the 180 day period on recognized equitable principles or because extenuating circumstances exist. For example, the department may extend the 180 day period when there is evidence that the hiring entity has concealed or misled the domestic worker regarding the alleged retaliatory action.

(2) If a domestic worker files a timely complaint with the department alleging retaliation, the department may investigate the complaint and issue either a citation and notice of assessment or a determination of compliance within 90 days after the date on which the department received the complaint, unless the complaint is otherwise resolved. The department may extend the period by providing advance written notice to the domestic worker and the hiring entity setting forth good cause for an extension of the period and specifying the duration of the extension.

(3) The department may consider a complaint to be otherwise resolved when the domestic worker and the hiring entity reach a mutual agreement to remedy any retaliatory action, or the domestic worker voluntarily and on the domestic worker's own initiative withdraws the complaint. Mutual agreements include, but are not limited to, rehiring, reinstatement, back pay, and reestablishment of benefits.

(4) If the department's investigation finds that the domestic worker's allegation of retaliation cannot be substantiated, the department may issue a determination of compliance to the domestic worker and the hiring entity detailing such finding.

(5) If the department's investigation finds that the hiring entity retaliated against the domestic worker, and the complaint is not otherwise resolved, the department may, at its discretion, notify the hiring entity that the department intends to issue a citation and notice of assessment, and may provide up to 30 days after the date of such notification for the hiring entity to take corrective action to remedy the retaliatory action. If the complaint is not otherwise resolved, then the department may issue a citation and notice of assessment. The department's citation and notice of assessment may:

(a) Order the hiring entity to make payable to the domestic worker earnings that the domestic worker did not receive due to the hiring entity's retaliatory action, including interest of one percent per month on all earnings owed. The earnings and interest owed must be calculated from the first date earnings were owed to the domestic worker;

(b) Order the hiring entity to restore the domestic worker to the position of employment held by the domestic worker when the retaliation occurred, or restore the domestic worker to an equivalent position with equivalent employment hours, work schedule, benefits, pay, and other terms and conditions of employment; and

(6) If the department issues a citation and notice of assessment or determination of compliance, the department shall send the citation and notice of assessment or determination of compliance to both the hiring entity and domestic worker by service of process or using a method by which the mailing can be tracked or the delivery can be confirmed to their last known addresses.

(7) During an investigation of the domestic worker's retaliation complaint, if the department discovers information suggesting alleged violations by the hiring entity of the domestic worker's other rights under this chapter, and all applicable rules, the department may investigate and take appropriate enforcement action without requiring the domestic worker to file a new or separate complaint. If the department determines that the hiring entity violated additional rights of the domestic worker under this chapter, and all applicable rules, the hiring entity may be subject to additional enforcement actions for the violation of such rights. If the department discovers information alleging the hiring entity retaliated against or otherwise violated rights of other domestic workers under this chapter, and all applicable rules, the department may launch further investigation under this chapter, and all applicable rules, without requiring additional complaints to be filed.

(8) The department may prioritize retaliation investigations as needed to allow for timely resolution of complaints.

(9) Nothing in this chapter limits the department's ability to investigate under any other authority.

(10) Nothing in this chapter limits a domestic worker's right to pursue private legal action.

NEW SECTION. Sec. 10. (1) If the department's investigation finds that a hiring entity retaliated against a domestic worker, pursuant to sections 8 and 9 of this act, the department may order the hiring entity to pay the department a civil penalty. A civil penalty for a hiring entity's retaliatory action must not be less than $1,000 or an amount equal to 10 percent of the total amount of unpaid earnings attributable to the retaliatory action, whichever is greater. The maximum civil penalty for a hiring entity's retaliatory action shall be $20,000 for the first violation, and $40,000 for each repeat violation.

(2) The department may, at any time, waive or reduce any civil penalty assessed against a hiring entity under this section if the department determines that the hiring entity has taken corrective action to remedy the retaliatory action.

(3) The department shall deposit civil penalties paid under this section in the supplemental pension fund established in RCW 51.44.033.

NEW SECTION. Sec. 11. (1) A person, hiring entity, or other entity aggrieved by a citation and notice of assessment or a determination of compliance may, within 30 days after the date of such decision, submit a request for reconsideration to the department setting forth the grounds for seeking such reconsideration, or submit an appeal to the director pursuant to the procedures outlined in subsection (4) of this section. If the department receives a timely request for reconsideration, the department shall either accept the request or treat the request as a notice of appeal.

(2) If a request for reconsideration is accepted, the department shall send notice of the request for reconsideration to the hiring entity and the domestic worker. The department shall determine if there are any valid reasons to reverse or modify the department's original decision to issue a citation and notice of assessment or determination of compliance within 30 days of receipt of such request. The department may extend this period by providing advance written notice to the domestic worker and hiring entity setting forth good cause for an extension of the period and specifying the duration of the extension. After reviewing the reconsideration, the department must either:

(a) Notify the domestic worker and the hiring entity that the citation and notice of assessment or determination of compliance is affirmed; or

(b) Notify the domestic worker and the hiring entity that the citation and notice of assessment or determination of compliance has been reversed or modified.

(3) A request for reconsideration submitted to the department shall stay the effectiveness of the citation and notice of assessment or the determination of compliance pending the reconsideration decision by the department.

(4) Within 30 days after the date the department issues a citation and notice of assessment or a determination of compliance, or within 30 days after the date the department issues its decision on the request for reconsideration, a person, hiring entity, or other entity aggrieved by a citation and notice of assessment or a determination of compliance may file with the director a notice of appeal.

(5) A notice of appeal filed with the director under this section shall stay the effectiveness of the citation and notice of assessment or the determination of compliance pending final review of the appeal by the director as provided for in chapter 34.05 RCW.

(6) Upon receipt of a notice of appeal, the director shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order. The hearing and review procedures shall be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation and notice of assessment or determination of compliance shall be de novo. Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within 30 days after service of the initial order. The director shall conduct administrative review in accordance with chapter 34.05 RCW.

(7) If a request for reconsideration is not submitted to the department within 30 days after the date of the original citation and notice of assessment or determination of compliance, and a person, hiring entity, or other entity aggrieved by a citation and notice of assessment or determination of compliance did not submit an appeal to the director, then the citation and notice of assessment or determination of compliance is final and binding, and not subject to further appeal.

(8) The director shall issue all final orders after appeal of the initial order. The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.

(9) Director's orders that are not appealed within the time period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.

(10) A hiring entity who fails to allow adequate inspection of records in an investigation by the department within a reasonable time period may not use such records in any appeal to challenge the correctness of any determination by the department.

NEW SECTION. Sec. 12. The department may adopt rules to implement this chapter.

NEW SECTION. Sec. 13. This chapter establishes minimum standards and rights of domestic workers in this state, unless exempted herefrom, and is in addition to and supplementary to any other federal, state, or local law or ordinance, or any rule or regulation issued thereunder. Any standards or rights established by any applicable federal, state, or local law or ordinance, or any rule or regulation issued thereunder, which are more favorable to domestic workers than the minimum standards and rights established by this chapter, or any rule or regulation issued hereunder, shall not be affected by this chapter and such other laws, or rules or regulations, shall be in full force and effect and may be enforced as provided by law. The remedies provided by this chapter are not exclusive and are concurrent with any other remedy provided by law.

NEW SECTION. Sec. 14. (1) The department shall develop and make available a model disclosure statement which describes a hiring entity's obligations and domestic worker's rights under this chapter, in at least eight of the most commonly spoken languages in the state. The disclosure statement must include notice about any state law, rule, or regulation governing maternity disability leave and indicate that federal or local ordinances, laws, rules, or regulations may also apply. The model disclosure must also include a telephone number and an address of the department to enable domestic workers to obtain more rights, obligations, and enforcement.

(2) The department shall develop and make available a model written agreement, which describes a hiring entity's obligations and domestic worker's rights under this act in at least eight of the most commonly spoken languages in the state.

NEW SECTION. Sec. 15. (1) A domestic worker who deems themselves injured by a violation of this act has the right to bring forward any civil action, in a court of competent jurisdiction, for any violation of rights pursuant to this act. This means any legal action necessary to collect such claim, and the hiring entity shall be required to pay the costs and such reasonable attorneys' fees as may be allowed by the court.

(2) Any agreement between such domestic worker and the hiring entity allowing the domestic worker to receive less than what is due under this chapter is not a defense to such action.

NEW SECTION. Sec. 16. (1) The department may:

(a) Upon obtaining information indicating a hiring entity may be committing a violation under this chapter, conduct investigations to ensure compliance with this chapter;

(b) Order the payment of all compensation owed the domestic worker and institute actions necessary for the collection of the sums determined owed, in accordance with section 7 of this act; and

(c) Take assignments of compensation claims and prosecute actions for the collection of compensation 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 this chapter:

(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;

(d) Take depositions and affidavits. If assignments for compensation 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.

Sec. 17. RCW 49.46.010 and 2024 c 132 s 1 are each amended to read as follows:

As used in this chapter:

(1) "Director" means the director of labor and industries;

(2) "Employ" includes to permit to work;

(3) "Employee" includes any individual employed by an employer but shall not include:

(a) Any individual (i) employed as a hand harvest laborer and paid on a piece rate basis in an operation which has been, and is generally and customarily recognized as having been, paid on a piece rate basis in the region of employment; (ii) who commutes daily from ((his or her))the individual's permanent residence to the farm on which ((he or she))the individual is employed; and (iii) who has been employed in agriculture less than thirteen weeks during the preceding calendar year;

(b) Any individual employed in casual labor in or about a private home, unless performed in the course of the employer's trade, business, or profession;

(c) Any individual employed in a bona fide executive, administrative, or professional capacity or in the capacity of outside salesperson as those terms are defined and delimited by rules of the director. However, those terms shall be defined and delimited by the human resources director pursuant to chapter 41.06 RCW for employees employed under the director of personnel's jurisdiction;

(d) Any individual engaged in the activities of an educational, charitable, religious, state or local governmental body or agency, or nonprofit organization where the employer-employee relationship does not in fact exist or where the services are rendered to such organizations gratuitously. If the individual receives reimbursement in lieu of compensation for normally incurred out-of-pocket expenses or receives a nominal amount of compensation per unit of voluntary service rendered, an employer-employee relationship is deemed not to exist for the purpose of this section or for purposes of membership or qualification in any state, local government, or publicly supported retirement system other than that provided under chapter 41.24 RCW;

(e) Any individual employed full time by any state or local governmental body or agency who provides voluntary services but only with regard to the provision of the voluntary services. The voluntary services and any compensation therefor shall not affect or add to qualification, entitlement, or benefit rights under any state, local government, or publicly supported retirement system other than that provided under chapter 41.24 RCW;

(f) Any newspaper vendor, carrier, or delivery person selling or distributing newspapers on the street, to offices, to businesses, or from house to house and any freelance news correspondent or "stringer" who, using ((his or her))their own equipment, chooses to submit material for publication for free or a fee when such material is published;

(g) Any carrier subject to regulation by Part 1 of the Interstate Commerce Act;

(h) Any individual engaged in forest protection and fire prevention activities;

(i) Any individual employed by any charitable institution charged with child care responsibilities engaged primarily in the development of character or citizenship or promoting health or physical fitness or providing or sponsoring recreational opportunities or facilities for young people or members of the armed forces of the United States;

(j) Any individual whose duties require that he or she reside or sleep at the individual's place of ((his or her)) employment or who otherwise spends a substantial portion of his or her work time subject to call, and not engaged in the performance of active duties, except for domestic workers as defined in section 2 of this act;

(k) Any resident, inmate, or patient of a state, county, or municipal correctional, detention, treatment or rehabilitative institution;

(l) Any individual who holds a public elective or appointive office of the state, any county, city, town, municipal corporation or quasi municipal corporation, political subdivision, or any instrumentality thereof, or any employee of the state legislature;

(m) All vessel operating crews of the Washington state ferries operated by the department of transportation;

(n) Any individual employed as a seaman on a vessel other than an American vessel;

(o) Any farm intern providing ((his or her))the farm intern's services to a small farm which has a special certificate issued under RCW 49.12.471;

(p) An individual who is at least 16 years old but under twenty-one years old, in ((his or her))the individual's capacity as a player for a junior ice hockey team that is a member of a regional, national, or international league and that contracts with an arena owned, operated, or managed by a public facilities district created under chapter 36.100 RCW; or

(q) Any individual who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for wages and working conditions;

(4) "Employer" includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee;

(5) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed;

(6) "Retail or service establishment" means an establishment seventy-five percent of whose annual dollar volume of sales of goods or services, or both, is not for resale and is recognized as retail sales or services in the particular industry;

(7) "Wage" means compensation due to an employee by reason of employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by rules of the director.

NEW SECTION. Sec. 18. (1) The department of labor and industries shall study models for providing domestic workers with access to industrial insurance coverage. The department may evaluate a third-party administrator model, a consumer-directed employer model, and other models involving an intermediary nonprofit organization. The study must evaluate legislative, regulatory, or other policy changes needed to implement models. In conducting the study, the department shall consult with representatives of domestic workers and day laborers, labor organizations, workers' centers, relevant nonprofit organizations, hiring entities, and other relevant experts and interested parties.

(2) The department of labor and industries shall report its findings to the governor and the appropriate committees of the legislature by October 1, 2026.

(3) This section expires December 31, 2027.

NEW SECTION. Sec. 19. Sections 1 through 16 of this act constitute a new chapter in Title 49 RCW.

NEW SECTION. Sec. 20. Sections 1 through 17 and 19 of this act take effect July 1, 2026."