5023-S.E AMH STON LEON 213
ESSB 5023 - H AMD TO APP COMM AMD (H-2171.1/25) 1187
By Representative Stonier
NOT CONSIDERED 04/27/2025
On page 2, line 18 of the striking amendment, after "chapter" insert "and section 19 of this act"
On page 2, line 20 of the striking amendment, after "chapter" insert "or section 19 of this act"
On page 3, beginning on line 18 of the striking amendment, after "(e)" strike all material through "periods" on line 20 and insert "A domestic worker may voluntarily waive meal and rest periods under this subsection (2)"
On page 3, beginning on line 33 of the striking amendment, after "shall" strike all material through "including" on line 35 and insert "specify the rate of pay for the domestic worker in a written agreement. If applicable for the position or the agreed-upon services or if otherwise provided by the hiring entity, the written agreement must also include"
On page 3, at the beginning of line 37 of the striking amendment, strike "deduction" and insert "applicable pay deductions"
On page 14, beginning on line 30 of the striking amendment, after "worker" strike all material through "court" on line 36 and insert "injured by a violation of this chapter may bring a civil action in a court of competent jurisdiction to recover the actual damages sustained by the worker, plus reasonable attorneys' fees and costs"
On page 18, after line 14 of the striking amendment, insert the following:
"Sec. 18. RCW 49.60.230 and 2020 c 145 s 1 are each amended to read as follows:
(1) Who may file a complaint:
(a) Any person claiming to be aggrieved by an alleged unfair practice may, personally or by his or her attorney, make, sign, and file with the commission a complaint in writing under oath or by declaration. The complaint shall state the name of the person alleged to have committed the unfair practice and the particulars thereof, and contain such other information as may be required by the commission.
(b) Whenever it has reason to believe that any person has been engaged or is engaging in an unfair practice, the commission may issue a complaint.
(c) Any employer or principal whose employees, or agents, or any of them, refuse or threaten to refuse to comply with the provisions of this chapter may file with the commission a written complaint under oath or by declaration asking for assistance by conciliation or other remedial action.
(2) Any complaint filed pursuant to this section must be filed within six months after the alleged act of discrimination, except that complaints alleging an unfair practice related to:
(a) A real estate transaction pursuant to RCW 49.60.222 through 49.60.225 must be filed within one year after the alleged unfair practice in a real estate transaction has occurred or terminated;
(b) Pregnancy discrimination pursuant to RCW 49.60.180 must be filed within one year after the alleged unfair practice; and
(c) A complaint alleging whistleblower retaliation must be filed within two years.
(3) The complaint process under this section is not available for unfair practices under section 19 of this act.
NEW SECTION. Sec. 19. A new section is added to chapter 49.60 RCW to read as follows:
(1) This section applies only where a domestic worker is not afforded protections from the actions of a hiring entity under RCW 49.60.180.
(2)(a) It is an unfair practice for any hiring entity to discriminate against a domestic worker in compensation because of the domestic worker's age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
(b) It is an unfair practice for any hiring entity to discharge a domestic worker from employment because of the domestic worker's age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
(3) The complaint process under RCW 49.60.230 through RCW 49.60.280 is not available for unfair practices under this section. A domestic worker injured by a violation of this section may file a civil action under RCW 49.60.030(2).
(4) For purposes of this section:
(a) "Domestic worker" has the same meaning as defined in section 2 of this act, as limited by other applicable definitions in section 2 of this act, including but not limited to "casual labor" and "family member." "Domestic worker" does not include an employee, as defined in this chapter, who is otherwise afforded protections by RCW 49.60.180.
(b) "Hiring entity" has the same meaning as defined in section 2 of this act."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 18, line 32 of the striking amendment, after "through" strike "17 and 19" and insert "19 and 21"
| EFFECT: Allows a domestic worker to voluntarily waive meal and rest periods. Removes the restriction against a hiring entity discouraging meal and rest periods and requesting voluntary waiver of meal and rest periods (but otherwise retains a provision prohibiting a hiring entity from requesting or requiring a domestic worker to waive his or her legal rights as a condition of employment). Removes the requirement that the written agreement between the hiring entity responsible for compensation and the domestic worker must include all applicable benefits and requirements. Instead, provides that the written agreement must include certain elements if applicable for the position or agreed-upon services or if otherwise provided by the hiring entity (but otherwise retains the requirement that the agreement must include rate of pay). Specifies that an agreement must include "applicable pay deductions" (rather than "deduction"). Modifies the private right of action established in the underlying bill by specifying that a domestic worker may recover actual damages (rather than "any legal action necessary to collect such a claim"), and modifying sentence structure to improve readability. Makes it an unfair practice under the Washington Law Against Discrimination (WLAD) for a hiring entity to discriminate against a domestic worker in compensation or to discharge a domestic worker from employment based on the worker's membership in a protected class under the WLAD. Applies this provision without regard to the hiring entity's number of workers. Provides that the administrative complaint process through the Human Rights Commission is not available for violations of the unfair practice established in the amendment, but a domestic worker may seek relief through the private right of action in the WLAD.
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