2020 legislative review
Employment & Labor Law
Robert Battles : Labor & Employment Law , Immigration , Technology & Privacy , Litigation
The 2020 legislative session was a short session . This means that everything that would normally happen in a 105-day regular session is squeezed into 60 days . Even though it was a short session it was filled with a plethora of bills that had the potential to fundamentally reshape the way business is done in Washington state . We saw legislation reintroduced that would change how independent contractors would be allowed to operate and would have limited the ability of employers and employees to control their own schedules .
We continued to see bills introduced that would change wage-and-hour laws , require labor peace agreements , interfere with employee / employer scheduling , and create new employer requirements in workers ’ compensation . This session also saw the renewed effort to introduce privacy and facial recognition legislation .
Like the 2019 session , both chambers were controlled by the Democrats in 2020 . Even with both houses under one party , many of the bills failed to move out of the Legislature . Many of the labor issues continue to be pushed at the local level . This is creating a patchwork labor and employment regulations that hampers business growth and stifles innovation in Washington .
The session ended with the COVID-19 crisis just starting to impact daily life . Much of our focus has shifted to addressing the issues that have resulted from the closure of thousands of businesses . Because of this crisis we expect to see new legislation introduced in 2021 that will address the new reality of the economy and state . AWB remains committed to working for a balanced approach that allows business to thrive and workers to be protected . Because many of the issues raised in the last two sessions remain unresolved , it is expected that many of the same issues will be debated in the 2021 session .
wage and hour
SSB 6053 establishing wage liens
Failed / AWB Opposed
Substitute Senate Bill 6053 , sponsored by Sen . Steve Conway , D-Tacoma , would have created a statutory wage lien for claims on unpaid wages and establish procedures for foreclosing , extinguishing , and prioritizing wage liens . While AWB worked with the sponsor to try to find a solution to the bill , AWB ultimately opposed this bill because it would have altered the priority of liens on real property . It would have given wage liens a priority over the underlying mortgage and other liens that my have been filed before the wage lien .
SHB 1395 direct contractor liability
Failed / AWB Opposed
Substitute House Bill 1395 , sponsored by Rep . Mike Pellicciotti , D-Federal Way , was reintroduced in the 2020 session . It sought to create direct contractor liability for payment of wages and benefits . It would allow the Department of Labor & Industries to enforce against a general contractor a requirement to pay unpaid wages owed by a subcontractor . It also would have allowed a third party owed payments or contributions by a subcontractor to bring a civil action against a general contractor and allowed an interested party to bring a civil action against a general contractor or subcontractor for wages owed , including against the general contractor for wages owed by a subcontractor , after 30 days notice to the general contractor and subcontractor . AWB opposed this bill as well as the companion , Senate Bill 5565 .
portability of benefits / independent contractors
Independent contractor bills took a substantial amount of time in last year ’ s 2019 session . After several meetings with the prime sponsors of last year ’ s bills
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