issue area reports | employment law & privacy of Labor and Industries ( L & I ) related to the disparity in worker ’ s compensation benefits based on marital status , including the impact to the workers ’ compensation fund , premium rates , and self-insurers . The bill failed to move .
SSB 5890 clarifying eligibility for the presumption for workers ’ compensation for all personnel working at a radiological hazardous waste facility
Passed / AWB Opposed
Substitute Senate Bill 5890 was introduced by Sen . Karen Keiser , D- Kent . This bill clarified a previously passed bill that was being challenged by the federal government . This bill removed references to “ Hanford nuclear site ” and “ Hanford site worker ” and instead applied the rebuttable presumption , for workers ’ compensation purposes , to “ exposed workers ” working at a “ radiological hazardous waste facility .” AWB opposed the previous legislation and continued to oppose the expansion of the presumption to other facilities beside the Hanford nuclear site . The bill passed the Senate 32-17 and the House 68-27 .
SB 5801 concerning attorney and witness fees in industrial insurance court appeals
Failed / AWB Opposed
Senate Bill 5801 was introduced by Sen . Karen Keiser , D-Kent . This bill would require the employer or retrospective rating group to pay the worker ’ s attorneys ’ fees and costs when the employer or group appeals a Board of Industrial Insurance Appeals decision , and the court sustains in full or in part the worker ’ s or beneficiary ’ s right to relief . This would have changed one of the fundamental principles of the workers ’ compensation system – each party pays their own cost and instead shifts that cost from the state to the employer . The bill passed the Senate 28-21 but did not make it out of the House .
general human resource & employment law matters
E2SSB 5600 concerning the sustainability and expansion of state registered apprenticeship programs
Passed / AWB Neutral
Engrossed Second Substitute Senate Bill 5600 was introduced by Sen . Karen Keiser , D-Kent . AWB ultimately was neutral on this bill because of member conflicts . However , we are very concerned that the bill failed to recognize federal apprenticeship programs . Further , it put new industries under the existing framework , allowing the construction trades to regulate non-construction area such as hospitality , health care and technology apprenticeships . In addition to these concerns the grants provided by the bill are paid out of 608 and 609 workers ’ compensation funds . The bill passed the House 94-4 and the Senate 36-13 .
ESHB 1795 prohibiting nondisclosure and nondisparagement provisions from employers regarding illegal acts of discrimination , harassment , retaliation , wage and hour violations , and sexual assault
Passed / AWB Opposed
Engrossed Substitute House Bill 1795 was introduced by Rep . Liz Berry , D-Seattle . This bill made provisions in agreements between an employer and employee that prohibit the disclosure of conduct that is illegal discrimination , harassment , retaliation , a wage and hour violation , or sexual assault , or that is against a clear mandate of public policy , occurring in the workplace void and unenforceable . AWB raised several concerns with the bill . The primary concern was how this bill is drafted . Reasonable minds can differ on what is reasonable and what constitutes a wage violation . Wage disputes should not have been included in the bill . This new law will likely result in frivolous lawsuits that only serve to harass employers without providing any relief to employees . The bill passed the House 56-40 and the Senate 29-20 .
SSB 5564 protecting the confidentiality of employees using employee assistance programs
Passed / AWB Neutral
Substitute Senate Bill 5564 was introduced by Sen . Karen Keiser , D-Kent . The original bill would have prohibited employers from obtaining individually identifiable information regarding an employee ’ s participation in an employee assistance program . AWB raised several concerns with the bill . AWB testified that the bill ignored how the EAP is used in the workplace . It would have prevented using it in any lastchance agreements . In addition , it would not allow employees to sign a waiver . As a result of our testimony the prime sponsor provided proposed amendments that addressed AWB ’ s concerns . AWB moved from opposed to neutral . The bill passed the Senate 45-4 ; and the House 93-2 .
ESSB 5761 concerning employer requirements for providing wage and salary
Bill considered as part of AWB ’ s voting record
Favorable outcome for Washington businesses
Missed Opportunities
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