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					       Human Resource
State Employment Law Summary




                 WASHINGTON
                                                       Table of Contents
                                                                                                                                                  Page

Appearance and Grooming.................................................................................................................... 1
    Uniforms................................................................................................................................... 1
    Appearance ............................................................................................................................... 1
Arrest and Conviction Records ............................................................................................................. 1
At-Will Employment ............................................................................................................................. 2
Breaks and Rest Periods ........................................................................................................................ 2
    Adults ....................................................................................................................................... 2
    Minors ...................................................................................................................................... 2
    Breastfeeding ............................................................................................................................ 2
Child Labor ............................................................................................................................................ 3
    Federal Law .............................................................................................................................. 3
    Types of Work .......................................................................................................................... 3
    Hours of Work .......................................................................................................................... 4
    Permits and Postings ................................................................................................................ 5
    Information on File................................................................................................................... 6
COBRA ................................................................................................................................................. 6
    Insurance Continuation ............................................................................................................ 6
Employee Conduct and Work Rules ..................................................................................................... 7
    Guns in the Workplace ............................................................................................................. 7
Equal Employment Opportunity and Equal Pay ................................................................................... 7
Family and Medical Leave (FMLA) ..................................................................................................... 7
    Family Leave ............................................................................................................................ 7
    Pregnancy ................................................................................................................................. 8
Files and Access .................................................................................................................................... 8
    Employee Review of Files ....................................................................................................... 8
    Records Retention .................................................................................................................... 9
Hiring and Misrepresentation ................................................................................................................ 9
Hiring Procedures .................................................................................................................................. 9
    Credit and Investigative Checks ............................................................................................... 9
    New Hire and Rehire Reporting Requirements...................................................................... 10
    Mandatory Background Checks ............................................................................................. 10
Holidays ............................................................................................................................................... 10
Inventions ............................................................................................................................................ 10
Jury, Witness, and Voting Leave......................................................................................................... 11
    Jury Leave .............................................................................................................................. 11
    Witness Leave ........................................................................................................................ 11
    Voting Leave .......................................................................................................................... 11
Labor-Management Relations ............................................................................................................. 11
Layoff and Reduction in Force............................................................................................................ 11
Medical Testing and Examinations ..................................................................................................... 12
    Drug Testing........................................................................................................................... 12
    Medical Examinations ............................................................................................................ 12
    Genetic Testing ...................................................................................................................... 12
    HIV Testing ............................................................................................................................ 12
Military Leave ..................................................................................................................................... 12
Noncompetition Agreements............................................................................................................... 13
Overtime .............................................................................................................................................. 13
Polygraph/Lie Detector Tests .............................................................................................................. 13
Reference Requests ............................................................................................................................. 14
Ridesharing .......................................................................................................................................... 14
Safety ................................................................................................................................................... 14
Sick Leave ........................................................................................................................................... 14
Smoking ............................................................................................................................................... 15
    Designated Areas.................................................................................................................... 15
Termination Procedures....................................................................................................................... 15
    Paychecks ............................................................................................................................... 15
    Service Letter ......................................................................................................................... 15
Unemployment Compensation ............................................................................................................ 15
Vacations ............................................................................................................................................. 15
    Payment at Termination ......................................................................................................... 15
Violence Prevention ............................................................................................................................ 16
Wages and Hours................................................................................................................................. 16
    Paydays................................................................................................................................... 16
    Minimum Wage...................................................................................................................... 16
    Withholding or Docking Pay.................................................................................................. 16
    Garnishment ........................................................................................................................... 16
    Direct Deposit ........................................................................................................................ 17
    Deceased Employees .............................................................................................................. 17
    Living Wage ........................................................................................................................... 17
Whistleblower Protection .................................................................................................................... 17
Worker's Compensation ...................................................................................................................... 17
Pre-Employment Inquiry Guide .......................................................................................................... 18
Required Posters .................................................................................................................................. 18
    Required Federal Posters ........................................................................................................ 18
    Required Washington Posters and Contacts........................................................................... 18
__________________________
                           STATE LAW SUMMARY

Appearance and Grooming

   Uniforms

   Employers who require wearing of uniforms must pay for the costs to furnish and maintain
   (including laundry and repair) the uniform when costs of obtaining and maintaining the
   uniform would reduce the employee’s wage below the applicable minimum wage or overtime
   compensation. However, employers need not furnish or compensate employees for required
   working apparel that is not a “uniform.”

   Appearance

   The city of Seattle has a municipal ordinance making it illegal to consider the weight of
   applicants or employees in making employment decisions.

Arrest and Conviction Records

   Generally an employer may use conviction records in hiring, however use of arrest records is
   commonly restricted. In Washington, an employer cannot discriminate against an employee
   because the employee was previously arrested or inquire about arrest records as part of a pre-
   employment inquiry. Employers can, under certain circumstances, inquire about prior
   convictions if reasonably related to job qualifications, and accompanied by a disclaimer that a
   conviction record will not necessarily function as a bar to employment. An employer must
   additionally notify the employee of its request and receipt of the employee’s conviction record.
   The employer must also notify the individual that the record is available for review.

   Caution: Private employers considering using arrest or conviction records should do so with
   caution, even in states that allow the use of arrest or conviction records for employment
   purposes. An arrest might never result in a criminal guilty plea or conviction and it is always
   possible that a person has been arrested for something he or she did not do. Moreover, the
   federal Equal Employment Opportunity Commission has stated that use of conviction records
   might be discriminatory given that, according to the EEOC, minorities are often more likely to
   have such a record. The EEOC cautions that employers should only inquire about felony
   convictions, should state that a criminal record is not an automatic bar to employment and
   should ensure that there is a legitimate business reason for requesting such information.
   Employers should consult with their attorneys for more information and guidance on this issue.
At-Will Employment

   Washington law provides that an employment relationship of indefinite duration is an at-will
   relationship that can be terminated without cause. This at-will status, however, can be modified
   by oral representations and written statements. Adequate contract disclaimers and at-will
   statements in documents given to employees (handbooks, policies, etc.) can help minimize the
   risk that such statements or documents may be alleged to have created express or implied
   employment contracts. Washington law also has recognized that discharges in violation of
   public policy can create a claim. This type of claim is typically one brought by a whistleblower
   or some other person asserting a legally protected right or by a person who has refused to
   commit an illegal act or who has reported one. These claims are based on statutes (e.g., you
   cannot fire someone for filing a worker's compensation claim), constitutional provisions or
   judicial determinations.

Breaks and Rest Periods

   Adults

   A meal period of at least thirty (30) minutes is required for any Washington employee who
   works a shift of more than four hours. The meal period must be given between the second and
   fifth hours of the employee's shift, and must be paid if the employee is required to work during
   it. An employer must also give an employee a ten-minute paid rest period for every four hours
   worked each day. Additionally, employees cannot be required to work more than three
   consecutive hours without a rest period. However, where the nature of the job permits,
   employees may take intermittent rest periods equivalent to ten minutes for each of the four
   hours worked. Employees working three or more hours longer than a normal work day must
   be allowed at least one 30-minute meal period before or during the overtime period.

   Minors

   Minors must receive a 30-minute meal period and a ten-minute rest period for every four hours
   worked each day.

   Breastfeeding

   Washington law encourages employers to provide a time and place for working mothers to
   breastfeed. Starting in 2002, Washington explicitly exempted breastfeeding and expressing
   breast milk from public indecency laws. The same law establishes standards for businesses
   wishing to promote themselves as “infant friendly.” Businesses seeking that designation must
   have their workplace breastfeeding policy approved by the Department of Health. At a
   minimum that policy must include: work patterns that provide time for expression of breast
   milk; a convenient, safe, sanitary, and private location for breastfeeding or expressing breast
   milk; a safe and sanitary facility for washing hands and rinsing breast pump; a workplace
   refrigerator for storing expressed milk.

Child Labor

   Federal Law

   Minors may be limited in the hours they work and may not be employed in occupations
   considered hazardous by federal law or by the U.S. Department of Labor’s rules and
   regulations. When school is in session, federal law requires work of minors age 14 and 15 to
   be limited to three (3) hours per day and eighteen (18) hours per week. When school is not in
   session, minors age 14 and 15 may work up to eight (8) hours per day and forty (40) hours per
   week between 7:00 a.m. and 7:00 p.m. (or 9:00 p.m. June 1 through Labor Day). Federal law
   does not limit work hours for minors age 16 and 17, regardless of whether or not school is in
   session. Except in limited circumstances, employers are generally prohibited from hiring
   minors under age 14. In addition to these federal restrictions, the following provisions address
   employment of minors in Washington. Additional Washington provisions regulate both the
   type and hours of work in which minors can engage. Note that the stricter law, the one that
   most benefits employees, prevails.

   Types of Work

      Minors Under 18

      Minors under 18 are prohibited from employment involving: plants or establishments
      manufacturing or destroying explosives or explosive components; regular driving of motor
      vehicles or outside helper or flagger on any public road or highway; directing moving motor
      vehicles in and around warehouses or loading or unloading areas, including loading docks,
      transfer stations or landfills; towing vehicles; bus operation; mining; logging; operation of
      any sawmill, lathe, shingle, or cooperage stockmill; operation or repair or maintenance of
      any power driven wood working machine; potential exposure to radioactive substances and
      ionizing radiations; operation or maintenance of elevators; operation or maintenance of
      power driven metal-forming, punching, and shearing machines; power driven bakery
      machines; slaughtering, meat packing, processing, or rendering; operation or maintenance of
      power driven paper products machines; manufacturing of brick tile and kindred products;
      operation or maintenance of power driven circular saws, band saws and guillotine shears;
      wrecking, demolition, or ship breaking; roofing; excavation; operation or maintenance of
      earth moving machines, hoisting apparatus, or cranes; garbage, trash or other compactors;
      paper or other balers, or other heavy equipment; graders, bull dozers, earth compactors, back
      hoes and tractors; work places being picketed during labor disputes; work as a nurse's aide
      or assistant unless a student in a bona fide program; hotel or motel maid or bellhop unless
      accompanied by a responsible adult when entering assigned guest rooms; sauna or massage
      parlors; body painting or tattoo studios; adult entertainment establishments; fire fighting and
      fire suppression; occupations requiring personal protective equipment; occupations where
  there is risk of exposure to bodily fluids or transmission of infectious agents; venipuncture;
  work with laundry from health care facilities; exposure to hazardous substances considered
  to be carcinogenic, corrosive, highly toxic or determined to cause reproductive health
  problems; selling goods to passing motorists on public rights-of-way; work performed in or
  about boiler or engine rooms; work more than ten feet above the ground or floor level; work
  in freezers, meat coolers and work in preparing meats for sale, not including wrapping,
  sealing, labelling, weighing, pricing and stocking if such work is performed away from a
  meat cutting and preparation area; service occupations if the minor works past 8:00 p.m.;
  begging; any indecent or immoral exhibition; any practice dangerous or injurious to life,
  limb, health, or morals; work as a messenger for delivering letters, telegrams or bundles to
  brothels; and house to house sales unless a validated permit is obtained.

  Minors Under 16

  Minors under age 16 may not work in employment involving: house sales, without a permit;
  surface working of mines except clerical or messenger duties; manufacturing operations;
  processing operations, including fish, poultry, nuts, canning, laundering and dry cleaning;
  public messenger service; transportation, warehouse and storage, communications and
  public utilities or construction (except office work if it is performed away from the
  construction site); and the following retail or food service or gasoline operations:
  maintenance or repair, window washing above ground or floor level, baking and cooking,
  operating or maintaining power-driven food slicers and grinders or choppers or bakery
  equipment, operation of amusement parks, street carnivals and travelling shows; loading and
  unloading goods; repair and maintenance of power driven machinery.

  Minors Under 14

  Minors under age 14 cannot work in any store, shop, factory, mill, mine, workshop, or other
  inside work not connected with farm or domestic work without permission of a court or the
  county. Special rules apply to all minors regarding agricultural operations.

  Minors Under 12

  Minors under age 12 may be employed to pick berries when not in school and with the
  consent of the parent or guardian if the berries are for sale only in the state and won't be
  shipped out of state, if there has been a governmental certification that there are insufficient
  workers otherwise, and if the baskets picked by minors under 12 are distinctly marked to
  make sure they do not enter interstate commerce.

Hours of Work

  Meals and Rest
   Minors cannot be employed more than four hours without a 30-minute meal period and a
   separate, paid ten-minute rest break. One of these must be allowed during the first two
   hours of employment, but not at the beginning of the work shift.

   During the School Year

   During the school year, minors age 16-17 can work a maximum of a four-hour day and a
   six-day, twenty-hour week, all of which must be outside of school hours, and minors
   under 16 can work only three hours per day or 16 hours per week. When school is not in
   session, minors 16-17 can work up to eight hours per day and 48 hours per week and
   minors under 16 can work up to eight hours per day and 40 hours per week.
   Additionally, minors 16-17 cannot work from 10:00 p.m. (12:00 a.m. when school is not
   in session) to 7:00 a.m. Minors under 16 cannot work from 7 p.m. (9 p.m. when school
   is not in session). to 7:00 a.m. Full-time school attendance is required of minors ages 8-
   18.

   Minors in Agriculture

   Minors in agriculture can be employed no more than six days in any week, 4 hours per
   day and 28 hours per week when school is in session and 10 hours per day and 50 hours
   per week when school is not in session.

   Minors Working Past 8:00 P.M.

   Minors working past 8:00 p.m. in service jobs must be supervised by a responsible adult
   employee who is on the worksite premises at all times.

Permits and Postings

Before employing any minor under the age of eighteen (18), Washington employers must
obtain and maintain a valid minor work permit for each workplace at which minors will be
employed. Permits are valid for one (1) year and must be renewed. The permit must be posted
in view of all employees along with the state child labor poster.

Prior to permitting any minor employee to work, an employer must obtain a fully completed
parent/school authorization form, signed by the minor, the employer and the minor's parent or
legal guardian, and including a description of the minor employee's duties, the earliest and
latest hours during which the minor would be working, the total number of hours the employee
would work per week, a description of the minor employee's specific meal and rest breaks, the
employer's work permit number, whether the minor will be working during a school year, and
the location where the minor will work, among other information.

Additionally, Washington law provides a penalty for the employment of minors under 14 years
of age, unless the minor has received a permit from a judge of the superior court in the county
    in which the child resides. A notice provided by the state must be posted reflecting various
    rules related to child labor.

    Information on File

    Employers must maintain files for minor employees for at least three (3) years from the last
    date of employment. Information on each minor employee must include:

       Proof of Age (a copy of one of the following is required: birth certificate together with
       social security card, driver's license, baptismal record together with social security card or
       notarized statement from parent or legal guardian).

       Personal Data (including name, address, social security number).

       Employment Description (including earliest and latest work hours, specific meal and rest
       breaks, and job duties).

       Parent/School Authorization Form (discussed above).

       Special Variance Form (in order for minor to work up to 28 hours per week).

Child labor law can be both challenging and confusing. Employers of minors should
closely review federal and state child labor law differences and contact their attorneys or
the Department of Labor to ensure they are in full compliance.

COBRA

    Insurance Continuation

    Washington law requires that policyholders of group insurance or medical coverage must have
    the option to include a policy provision granting a person who becomes ineligible for coverage
    under the group policy the right to continue the group benefits for a period of time. The policy
    must also provide that when the coverage terminates, the covered person may convert to an
    individual policy.

    Many states have legislation requiring small employers (those not subject to COBRA) to
    provide insurance continuation if an employee becomes ineligible for group coverage (such as
    through a termination). Such provisions are complex and very technical. You may want to
    contact your attorney or insurance broker to determine if you are meeting all applicable federal
    and state requirements.
Employee Conduct and Work Rules

   Guns in the Workplace

   Workplace violence continues to be a concern for employers. Many organizations adopt
   policies (such as the one found in the HRN manual) banning guns and other weapons on
   company property. However state law differs widely regarding employees’ weapons rights.
   You may want to contact the state employment agency or an attorney for further information
   regarding your specific policy and any possible liability that may result.

Equal Employment Opportunity and Equal Pay

   Similar to federal law, Washington state law prohibits discrimination in employment or terms
   and conditions of employment based on race, creed, color, sex, age (forty or older), religion,
   national origin (including ancestry), and/or disability (including use of guide dogs or service
   animals). Sex includes pregnancy, childbirth or related medical conditions. The law applies to
   all private employers with eight (8) or more employees. In addition, discrimination is precluded
   based on marital status and AIDS or HIV status. Additionally, though the state of Washington
   has no law prohibiting discrimination on the basis of sexual orientation, some municipalities
   have adopted city ordinances extending this form of civil rights protection. Included in
   unlawful discrimination is wage discrimination based on gender. Aiding or compelling
   discrimination and retaliation are also prohibited. The employer must also post various notices
   regarding discrimination policies and provisions.

   Complaints of discrimination are filed with the Washington State Human Rights Commission
   and a claimant may be entitled to injunctive relief (e.g., required hiring, reinstatement, cease
   and desist orders), damages and attorney's fees and costs upon proof of violation. Washington
   courts have determined that supervisors charged with discrimination against a subordinate
   employee may be held personally liable under the state’s anti-discrimination statute.

   Caution: Some municipalities may have adopted city ordinances expanding EEO protections.
   Please check local laws for more details.

Family and Medical Leave (FMLA)

   Family Leave

   Washington employers with 100 or more employees within a 20 mile radius of one worksite
   must grant eligible employees unpaid leave of up to 12 weeks within any one-year period for
   the employee’s own serious health condition; to care for a parent, spouse, or child with a
   serious health condition; or to care for a newborn, adopted, or foster child. All Washington
   employers must allow employees to use accrued paid or unpaid leave to care for a parent,
   spouse, or child with a serious health condition, or to care for a newborn, adopted, or foster
   child.

   Adoptive and stepparents must receive the same leave required for biological parents. A notice
   of (30 days) of a leave request must be provided by the employee before the leave. After the
   leave, the employer must reinstate the employee to the same or a similar job. A notice must be
   posted outlining these rights. Violations of the law are punished with penalties.

   An employer may, upon fulfilling certain requirements, limit or deny family leave to
   designated key personnel or to the highest paid 10% of employees provided that denial is
   neither discriminatory nor contrary to the purpose of the family leave provisions.

   Pregnancy

   Washington also has additional leave protections for pregnancy. An employer must provide a
   woman with a leave of absence for the period of time that she is sick or temporarily disabled
   because of pregnancy or childbirth. Also, an employer must give pregnant women the same
   Family Leave time received by any other employee in addition to any leave allowed for
   sickness or temporary disability because of pregnancy or childbirth. However, a leave in
   excess of the actual period of sickness or disability is not required.
   Though Washington has enacted family leave provisions, in many instances the federal FMLA
   must be followed as it is more favorable to employees.

   Caution: Complying with the federal FMLA (and state law, if applicable) can be both
   challenging and confusing. You will likely want to contact your attorney, the Federal
   Department of Labor, or the Washington Department of Labor for further information and
   clarification.




Files and Access

   Employee Review of Files

   A Washington employer must, on reasonable request, allow an employee to inspect his or her
   personnel files at least annually, and must make the files available to the employee within a
   reasonable period of time. An employer may remove irrelevant or erroneous information from
   files, however an employee can challenge such action and request that a rebuttal or correction
   be placed in the file. A former employee retains this right of inspection and rebuttal for two
   years after employment. The employee may not have access to files relating to an investigation
   of a possible criminal offense or records relating to an impending lawsuit.
   Records Retention

   Every employer must keep, for at least three years, records of the name, address and occupation
   of each employee, their dates of employment and rates of pay, and their days and hours
   worked.

Hiring and Misrepresentation
   Washington law makes it a criminal misdemeanor for any employer to misrepresent a demand
   for labor or conditions, duration or wages of labor.

Hiring Procedures

   Credit and Investigative Checks

   Under federal law, employers may not obtain a consumer report (which includes checks on an
   employee's or applicant's credit standing, and which is obtained through a consumer reporting
   agency), unless a clear and conspicuous separate written disclosure (not as part of a job
   application or other form and must consist solely of the disclosure) has been made to the
   applicant or employee before the report is performed and the employer obtains written
   authorization from the applicant or employee. Credit checks must be used for employment
   purposes only and may not be used discriminatorily.

   A Washington employer may not procure a consumer report (defined as a report bearing on
   someone's creditworthiness, credit standing, credit capacity, character, general reputation,
   personal characteristics or mode of living) for employment purposes unless the employee or
   prospective employee has received written notice that consumer reports may be used for
   employment purposes, and, for applicants only, the person authorizes the procurement of the
   report.

   Under the Washington Fair Credit Reporting Act, an employer also may not obtain an
   investigative consumer report on an applicant, including information about the applicant's
   character, general reputation, personal characteristics, and mode of living, unless a clear and
   accurate written disclosure is mailed or delivered to the applicant within three (3) days of the
   employer's request for the report, and which includes a statement informing the applicant of his
   or her rights to request additional disclosures and a written summary of the applicant's rights as
   prepared by a consumer reporting agency.

   In using a consumer or investigative consumer report for employment purposes, before taking
   an adverse employment action (such as refusal to hire) based on information in the report, the
   employer must:

      1.      Inform the applicant;
      2.      Provide the name, address and telephone number of the agency providing the report;
      3.     Provide the applicant with a description of his or her rights under this chapter; and
      4.     Give the applicant a reasonable opportunity to respond to information in the report
             which they dispute.

   Caution: While not always required by law, it is generally a good practice to get releases from
   applicants for any background checks undertaken. You may want to contact your attorney for
   release requirements and related details.

   New Hire and Rehire Reporting Requirements

   A Washington employer must report new hires and rehires to the State Department of Social
   and Health Services. An employer can fulfill this responsibility by sending copies of the
   employee's W-4 form or another equivalent means of reporting. The employer must report the
   employee's name, address, social security number and date of birth and the employer's name,
   address and federal tax identification number. Reports must be made within 20 days of hire
   date. If an employer transmits its reports magnetically or electronically, it can do so twice a
   month, not less than twelve days nor more than 16 days apart. Failure to report subjects an
   employer to fines.

   Mandatory Background Checks

   Many states require mandatory background checks of applicants in certain highly sensitive
   areas such as in teaching, childcare, healthcare and security positions. Such checks may
   include criminal history and fingerprint checks, various reporting requirements, and requiring
   job references. Contact your local state agency or attorney for further information.

Holidays

   No Washington law has been enacted requiring private employers to give employees paid
   holiday time off or to pay premium pay for time actually worked on holidays.

Inventions

   A Washington employer cannot require an employee to assign the employee's rights to an
   invention for which none of the employer's equipment, supplies, facilities or trade secret
   information was used and which was developed entirely on the employee's own time. An
   exception applies if the employee's invention relates directly to the employer's business or
   research and development and results from work performed by the employee for the employer.
   An employer must notify an employee in writing of the points noted above whenever it seeks
   an assignment of inventions. An employee must, at the time of employment, disclose all
   inventions for the purposes of determining employer and employee rights to the same.
Jury, Witness, and Voting Leave

   Jury Leave

   A Washington employer cannot harass, discipline or discharge an employee because of a
   summons for jury duty. An employer must provide an employee with a sufficient leave of
   absence to respond to a jury duty summons. Intentional discrimination on the basis of an
   employee’s jury service constitutes a misdemeanor offense.

   No Washington statute requires payment for jury duty, however the federal Fair Labor
   Standards Act restricts deductions from the pay of salaried, exempt employees.

   Caution: Employers should consider contacting their attorneys before denying pay for jury
   leave.

   Witness Leave

   There is no Washington statute creating employer duties or requirements regarding an
   employee’s service as a witness.

   Voting Leave

   Washington employers must allow employees as much as two hours of leave time to vote and
   this must be paid leave if the employee does not otherwise have two free hours (not including
   meal and rest periods) while the polls are open. This provision applies only if the employee has
   insufficient time to secure an absentee ballot for the election.

Labor-Management Relations
   Various labor relations laws allow and/or regulate the rights of employees to unionize, bargain
   collectively, file grievances, picket, strike, and wear union insignia and govern the resolution of
   labor disputes. Contact the Washington Department of Labor and Industries for more
   information. Note also that federal law governs, and in fact pre-empts, many aspects of this
   area of law.

Layoff and Reduction in Force

   No applicable Washington law exists. Washington has not enacted a state "WARN" law or
   other legislation regarding layoffs. However, employers must still comply with the federal
   WARN Act.
Medical Testing and Examinations

   Drug Testing

   Washington currently has no regulations in place governing drug testing in the workplace. For
   further information contact the Washington Department of Labor and Industries, Division of
   Alcohol and Substance Abuse.

   Medical Examinations

   It is unlawful for any employer to require an employee or applicant for employment to pay the
   cost of a medical examination or the cost of furnishing any records required by the employer as
   a condition of employment. Violations of the law are punished by fines.

   Genetic Testing

   Many states have implemented laws prohibiting genetic testing and/or discrimination on the
   basis of genetic conditions or carrier status. An employer planning to implement a genetic
   testing program may wish to contact an attorney or the Department of Labor for further
   information.




   HIV Testing

   Washington law prohibits an employer from requiring an HIV test as a condition of hiring,
   promotion, or continued employment unless the absence of HIV is a bona fide occupational
   qualification of the job.

   Caution: In addition to state law, employers should also ensure that any testing undertaken
   conforms with federal law (e.g., the ADA and FMLA). Contact your attorney if you propose to
   undertake such testing.

Military Leave

   A Washington employer must re-employ any person who vacates employment to determine
   fitness to enter or to actually enter active duty or training with the Washington National Guard
   or the United States Armed Forces or public health service. To qualify for re-employment, a
   person must:

         show proof of honorable discharge, report of separation, certificate of satisfactory
          service or other proof of having satisfactorily completed service;
         apply for employment within 90 days of release from duty or duty-related to
          specialization; and

         return and re-enter the job within three months of serving four or fewer years of such
          military or civic service.

   The employee, if still qualified, must be reinstated to the former position or one with like
   seniority, status and pay. Reinstatement must be made as if the employee had been on a leave
   of absence and the employee must be entitled to all benefits available when the employment
   was interrupted by military or civic service (except an employer need not make payments to
   keep insurance or retirement rights current during the period of military service). Reinstated
   employees can only be discharged for cause during the first year following reinstatement.
   Violations of the law can be punished with lawsuits for damages and reinstatement.

   Caution: Military leave legislation is complicated and technical. In addition to any applicable
   state law requirements, employers should ensure that they are in compliance with federal laws.

Noncompetition Agreements
   Washington has no specific statute regulating noncompete agreements. Courts will enforce
   such agreements if they are reasonable and if they are designed to protect trade secrets,
   confidential information, good will or customer contacts. Agreements should be reasonable in
   time and geographic scope or, alternatively, focus on nonsolicitation of an employee's previous
   customer contacts.

Overtime

   No Washington statute has been enacted that exceeds federal requirements requiring overtime
   payment of one and one-half times regular pay after 40 hours worked/week. Health care
   facilities may not require licensed practical nurses and registered nurses to work overtime
   effective June 13, 2002. These employees may volunteer for overtime, but an employee cannot
   be discharged, dismissed or otherwise discriminated against for refusing to accept overtime.
   The law recognizes exceptions for surgical procedures in progress and unforeseeable
   emergencies.

Polygraph/Lie Detector Tests
   No Washington employer can require any employee or prospective employee to take or submit
   to a polygraph as a condition of obtaining or retaining employment, unless the position
   involves the manufacture or distribution of controlled substances, or sensitive positions directly
   relating to national security. Violations are punished by civil penalties.

   Caution: Polygraph legislation is complex. In addition to any applicable state law
   requirements, employers should ensure they are in compliance with federal law.
Reference Requests

   The Washington Administrative Code requires employers, upon the written request of a
   discharged employee, to provide a signed written statement setting forth the date of and reasons
   for discharge. The service letter must be sent within ten working days of the receipt of the
   request.

Ridesharing
   Private and public organizations employing at least 100 full-time employees at a single work
   site in counties with populations over 150,000, who begin their regular workday between 6:00
   a.m. and 9:00 a.m. on weekdays for at least twelve (12) continuous months during the year, are
   required to develop commute trip reduction programs. The programs are required to be
   submitted to the appropriate government agency and to be reviewed annually. The plan must
   consist of a number of provisions including: designation of a transportation coordinator, actions
   designed to reduce the number of commuters, the methods used to inform employees of the
   program and alternative means of commuting, and an annual review and progress report.

Safety

   The Washington Industrial Safety and Health Act (WISHA) applies to any employer in the
   state of Washington with one or more employees and provides job safety and health protection
   for Washington employees. Under the Act, an employer has the responsibility to establish and
   maintain a written accident prevention program tailored to meet the needs of the particular
   operation and types of hazards that may be employed in the employer’s business. WISHA
   imposes other requirements as well including displaying a Job Safety and Health protection
   poster, establishing and maintaining training programs, recordkeeping programs, and safety and
   health committees, and following established procedures in conducting preliminary accident
   investigations. New (WISHA) rules regarding workplace ergonomics will be phased-in
   between 2002 and 2008. For information regarding rules for specific industries, contact the
   Washington Department of Labor and Industries, Consultation and Compliance Services
   Division, www.wa.gov/lni.

Sick Leave

   No Washington statute requires employers to provide paid sick leave or to pay for accrued paid
   sick leave at termination.

   Washington law requires that all employers with established sick leave policies must allow
   employees to use earned sick leave to care for children under eighteen (18) with health
   conditions requiring supervision or treatment.
   Caution: If sick leave is provided, employers should ensure that it is provided on a non-
   discriminatory basis and in accordance with established policy and practice.

Smoking

   Designated Areas

   Washington law prohibits smoking in public places or in any part of a building or vehicle that is
   used by or open to the public, whether privately owned or publicly owned. However, smoking
   areas may be designated in public places by the owner of the premises. Where smoking areas
   are designated, existing physical barriers and ventilation systems must be used to minimize the
   effect of smoke in adjacent non-smoking areas. Smoking is not prohibited in a private enclosed
   workplace located within a public place, even though such workplace may be visited by
   nonsmokers.

Termination Procedures

   Paychecks

   Washington state law generally requires that if an employee ceases to work for an employer,
   whether by discharge or by voluntary termination, he or she must be paid at the end of the
   established payroll period. Other rules exist for employees normally working for several
   employers in the same industry interchangeably.

   Service Letter

   Within ten days of a written request by a former employee, the employer must provide a
   written statement setting forth the date of and reasons for discharge.

Unemployment Compensation
   Extensive laws cover this area in Washington. Contact the Washington Department of Labor
   and Industries for further information.

Vacations

   Payment at Termination

   No Washington statute requires employers to provide paid vacation or to pay for accrued
   vacation at termination. However, the state may so require by case law or regulatory
   interpretation.
   Caution: If paid vacation leave is provided, employers should ensure that it is provided on a
   non-discriminatory basis and in accordance with established policy and practice.

Violence Prevention
   State law requires that worker protection plans be in place in all health care facilities by July 1,
   2000 to protect workers from on-the-job violence. By that date, and on a regular basis
   thereafter, each health care setting is to provide violence prevention training to all its
   employees, as appropriate to the particular setting and to the duties and responsibilities of the
   particular employee being trained. Effective July 1, 2000, health care employers must keep
   records of any violent acts occurring on the premises against employees, patients, or visitors.
   “Health care settings” required to comply include hospitals, home health employers, hospices,
   home care agencies, mental health evaluation and treatment facilities, community health
   programs, and state mental hospitals.

Wages and Hours

   Paydays

   Washington employers must pay their employees at least once a month on a regular payday.
   Each paycheck must include a statement of days or hours worked, rate of pay, gross wages and
   deductions. Deductions can only be made when required by law or authorized orally or in
   writing by the employee and for the benefit of the employee and not the employer.

   Minimum Wage

   The Washington minimum wage is $6.90 per hour. Annually, the minimum wage will be
   adjusted for inflation by a calculation using the consumer price index for urban wage earners
   and clerical workers for the prior year. This rate applies to all workers, including agricultural
   workers, 16 years and older. The minimum wage for all workers under the age of 16 is to be
   85% of the adult minimum wage-- $5.87 for 2002. As of January 1, 2003 the adult minimum
   wage will be raised to $7.01 per hour.

   Withholding or Docking Pay

   Washington employers may not withhold or "dock" wages unless required to do so by state or
   federal law, specifically agreed to or allowed in writing by employer and employee for a lawful
   purpose that benefits the employee, or for medical care or service pursuant to any rule or
   regulation provided that the employer is not financially benefited and the deduction is clearly
   recorded.

   Garnishment

   A Washington employer may not discharge, refuse to hire or discipline an employee because of
   the entry or service of a wage assignment or an order to withhold and deliver monies.
   Otherwise, an employee cannot be discharged for garnishment unless three or more separate
   cases of indebtedness are served on the employer in any twelve month period. Wages exempt
   from garnishment are the greater of 30 times the federal hourly minimum rate or 75% of
   disposable earnings. For support orders, the exemption is 50% of disposable earnings if the
   employee is already supporting a spouse or dependent child other than the one for which
   garnishment is sought and 40% if not doing so.

   Direct Deposit

   No Washington statute has been enacted regarding direct deposits.

   Deceased Employees

   A Washington employer should pay, on request, the wages of a deceased employee (up to
   $2,500) to the surviving spouse or children, or to the deceased's father or mother if there is no
   appointed administrator or executor for the deceased employee's estate.

   Living Wage

   A number of local governments (e.g. cities, towns, counties, school districts, etc.) have enacted
   laws known as “Living Wage” ordinances. These laws, although not always imposing the
   same types of requirements, typically mandate that any entity contracting or doing business
   with the local government or getting a tax abatement from the local government must pay its
   employees a set wage. The ordinances are typically called Living Wage ordinances because
   the set wage rate is typically much higher than the applicable minimum wage, thus better
   allowing the employees to live on the wage.

   Bellingham requires city contractors to provide a living wage of not less than $10.00 per hour
   with benefits or $11.50 without. For more information on this rapidly developing area of law,
   including recent developments, see www.livingwage.com.

Whistleblower Protection
   A Washington employer cannot discharge or discipline an employee for filing or expressing an
   intent to file a worker's compensation claim or for engaging in other conduct protected by
   public policy or for refusing to engage in illegal conduct.

Worker's Compensation
   Extensive laws cover this area in Washington. Contact the Washington Department of Labor
   and Industries for further information.
Pre-Employment Inquiry Guide
  To access this guide, go to http://www.leg.wa.gov.wac. Then click on Title 162:Human
  Rights Commission and then click on 162-12:Pre-employment inquiry guide.

Required Posters
  Listed below are the current listings for government agencies from which required posters
  can be obtained. Posters frequently can be obtained free of charge. Poster requirements may
  change from time to time, and employers should check to assure up to date compliance.
  Poster information can also be found at http://www.dli.state.va.us/labor_law/pay_wage.html.

   Required Federal Posters

          Fair Labor Standards Act (FLSA) Minimum Wage
          Family Medical Leave Act (FMLA)
          Job Safety and Health Protection – Occupational Safety and Health
          Equal Employment Opportunity Act
          Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
          Notice to Work with Disabilities (FLSA, SCA, and Walsh-Healey Act)
          Employee Polygraph Protection Act (EPPA)

  These posters can be accessed at the                  Department    of    Labor    website:
  http://www.dol.gov/osbp/sbrefa/poster/main.htm

   Required Washington Posters and Contacts

      Your Rights as an Agricultural Worker   Washington Dept. of Labor & Industries
       or Your Rights as a Worker              P.O. Box 44000
      Notice to Employees if a Job Injury     Olympia, WA 98504
       Occurs                                  http://www.lni.wa.gov/
      Job Safety and Health Protection
      Minimum Wage

      Workers’ Compensation Notice of         Obtain from your insurance carrier.
       Coverage

      Unemployment Compensation               Washington State Employment Security
                                               212 Maple Park
                                               Olympia, WA 98507
                                               www.wa.gov/esd
   Discrimination in Employment   Washington Human Rights Commission
   Discrimination Based on Aids   711 S. Capitol Way, #402
                                   P.O. Box 42490
                                   Olympia, WA 98504-2490
                                   360-753-6770
                                   www.wa.gov/hrc

				
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