ENGROSSED SUBSTITUTE SENATE BILL 6302

BySenate Labor & Commerce (originally sponsored by Senators Conway, Saldaña, Hasegawa, Orwall, and Valdez)

AN ACT Relating to misclassification in the finishing trades on public works projects; and adding a new section to chapter 39.12 RCW.

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

NEW SECTION.  Sec. 1. A new section is added to chapter 39.12 RCW to read as follows:

(1) If a contractor or subcontractor engages three or more independent contractors, as described in RCW 39.12.100, to perform the same type of covered finishing work at the same time on a public works project, the department of labor and industries, upon a referral for investigation, must investigate to determine whether the individuals performing the work have been misclassified as independent contractors.

(2) A referral for investigation under this section may be made by:

(a) The state, county, municipality, or political subdivision awarding the public works contract;

(b) Any contractor or subcontractor on the public works project;

(c) Any labor organization that represents individuals performing covered finishing work on the public works project; or

(d) Any individual performing covered finishing work on the project.

(3) If the department of labor and industries finds, following an investigation under this section, that any individual performing covered finishing work has been misclassified as an independent contractor, the contractor or subcontractor that engaged the individual is subject to all applicable requirements, liabilities, and penalties under this chapter. Following this finding, the department of labor and industries shall make the appropriate referrals under Titles 50 and 51 RCW.

(4) For purposes of this section, "covered finishing work" means work in drywall, flooring, tiling, painting, and glazier and glasswork.

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