WSR 20-02-083
PROPOSED RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed December 30, 2019, 7:11 a.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 357-16-017 When must the employer provide the salary range or management band for a position?, 357-16-215 May an employer seek the wage or salary history of an individual for employment?, 357-16-220 May an employer confirm an individual's wage or salary history?, and 357-58-190 What must be addressed in agency's WMS recruitment and selection policy and/or procedure?
Hearing Location(s): On February 13, 2020, at 8:30 a.m., at the Office of Financial Management (OFM), Raad Building, 5th Floor, Room 512, 128 10th Avenue S.W., Olympia, WA 98501.
Date of Intended Adoption: February 20, 2020.
Submit Written Comments to: Caroline Kirk, OFM, P.O. Box 47500, Olympia, WA 98501, email caroline.kirk@ofm.wa.gov, fax 360-586-4694, by February 6, 2020.
Assistance for Persons with Disabilities: Contact OFM, TTY 711 or 1-800-833-6384, by February 6, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ESHB 1696 was passed during the 2019 legislative session with an effective date of July 28, 2019. ESHB 1696 prohibits an employer from seeking the wage or salary history of an applicant for employment from the applicant or a current or former employer or requiring that the applicant's prior wage or salary history meet certain criteria. This bill also requires employers, upon request of an applicant for employment, to provide the wage scale or salary range for the job title for the position for which the applicant is applying.
Reasons Supporting Proposal: To be in compliance with the law and place new provisions in Title 357 WAC so there are clear expectations of what is and what is not acceptable for seeking the wage or salary information from an applicant or an applicant's employers until the applicant has voluntarily disclosed their wage history after the employer has negotiated salary and made an offer of employment.
Statutory Authority for Adoption: Chapter
41.06 RCW.
Statute Being Implemented: Chapter
49.58 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: [OFM], governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Caroline Kirk, 128 10th Avenue, Olympia, WA 98501, 360-407-4136.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW
34.05.328 (5)(b)(ii) for exemption.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
December 30, 2019
Roselyn Marcus
Assistant Director of
Legal and Legislative Affairs
NEW SECTION
WAC 357-16-017When must the employer provide the salary range or management band for a position?
In accordance with RCW
49.58.110, the employer must provide the salary range or management band in the following circumstances:
(1) Upon request of an individual for employment after the employer has initially offered the individual the position; and
(2) Upon request of a current employee who is offered an appointment to another position.
If no salary range or management band exists, the employer must provide the minimum wage set by the employer prior to posting the position or appointing an employee to another position.
For the purposes of this section "employer" includes those employers with less than fifteen employees.
NEW SECTION
WAC 357-16-215May an employer seek the wage or salary history of an individual for employment?
In accordance with RCW
49.58.100, an employer may not:
(1) Seek the wage or salary history of an individual applying for employment, including current employees, from the individual or the individual's current or former employer; or
(2) Require that an individual's prior wage or salary history meet certain criteria, except as provided in WAC 357-16-220.
For the purposes of this section "employer" includes those employers with less than fifteen employees.
NEW SECTION
WAC 357-16-220May an employer confirm an individual's wage or salary history?
In accordance with RCW
49.58.100, an employer may confirm an individual's wage or salary history if:
(1) The individual has voluntarily disclosed their wage or salary history; or
(2) After the employer has negotiated an offer and made an offer of employment including compensation to the individual.
For the purposes of this section "employer" includes those employers with less than fifteen employees.
AMENDATORY SECTION(Amending WSR 05-12-069, filed 5/27/05, effective 7/1/05)
WAC 357-58-190What must be addressed in agency's WMS recruitment and selection policy and/or procedure?
An agency's WMS recruitment and selection policy must:
(1) Provide for the ability to consider any or all qualified candidates for hire, promotion, or internal movement;
(2) Ensure that hiring decisions are fair, objective, and based on the evaluation of leadership and other job related competencies and characteristics required for successful job performance and performance management;
(3) Support workforce diversity and affirmative action goals;
(4) Consider the career development of the agency's employees and other state employees;
(5) Ensure that hiring decisions are not based on patronage or political affiliation;
(6) Ensure compliance with state and federal laws relating to employee selection and nondiscrimination;
(7) Encourage decentralized and regional administration of the recruitment and selection processes when it is appropriate for the agency;
(8) Ensure compliance with requirements governing wage and salary information in accordance with state law and WAC 357-16-017, 357-16-215, and 357-16-220.