Washington Business Fall 2018 | Legislative Review & Vote Record | Page 18

2018 legislative review
Employment & Labor Law
Robert Battles: Labor & Employment Law, Immigration, Tech Issues
It was expected that the 2018 short legislative session would finish within the 60-day time frame and there would
be a minimal amount of legislation heard. While the Legislature did finish on time, the session was anything but
routine. With the recent shift in the Senate’s majority from Republican to Democratic control, we saw a remarkable
amount of bills moved out of committee. In the Senate Labor and Commerce Committee, more than 150 bills
moved in a three-week period. Hundreds more were given a hearing in what was described as a 60-day sprint to
the finish line.
We saw a reintroduction of many of the bills from the 2017 session. Issues included wage-and-hour reform,
noncompetition agreements, pay equity and Fair Chance Act legislation — known as “ban the box” — to prevent
employers from seeking an applicant’s criminal history.
Even with the change in the Senate majority, many of the labor and employment issues introduced this session
failed to find traction. Two significant exceptions were pay equity and ban the box.
Even with the passage of pay equity and ban the box legislation, the short session left more unresolved issues than
it resolved. Many of the labor issues continue to be debated at the local level, resulting in a patchwork of labor
and employment regulations that will ultimately hamper business growth and prevent innovation.
AWB remains committed to a balanced approach that respects the concerns of both workers and employers.
Without this balanced approach, we will continue to see legislation that hinders growth and innovation. A balanced
approach to legislation that promotes business opportunities for all Washington residents is the right solution
for everyone.
wage and hour
SHB 1300
employee status
enforcement
Failed/AWB Opposed
Substitute House Bill 1300, sponsored
by Rep. Marcus Riccelli, D -Spokane,
was reintroduced in the 2018 session. It
would have established the Employee
Fair Classification Act. It was intended
to simplify and enforce an employee’s
status under employment laws to ensure
fairness to employers and employees
and address the underground economy.
Unfortunately, the bill sought to establish
tests for compliance that were subjective
and would have been almost impossible
to implement fairly. Furthermore, laws
regarding independent contractors already
exist. AWB testified opposed to the bill.
16 association of washington business
SB 5528
employee antiretaliation
Failed/AWB Opposed
Senate Bill 5528, sponsored by Sen.
Bob Hasegawa, D-Seattle, would have
created parallel retaliation provisions in
several wage and related laws. It would
have imposed new penalties — including
criminal penalties — against employers
accused of retaliating against a worker
for inquiring or asserting rights under
the Washington employment statute. It
also would have created a presumption of
guilt against the employer for any action
taken against an employee within the
90-day protection period, regardless of the
reason for action. The 90-day presumption
p rov i s i o n wo u l d h ave re q u i re d a n
employer to prove its case by “clear and
convincing evidence” while the employee
would only need to meet a “preponderance
of the evidence” standard. Because of the
change in the Senate leadership, the bill
was given a hearing in the Senate Labor
and Commerce Committee. AWB testified
opposed to the bill. House Bill 1301,
sponsored by Rep. Cindy Ryu, D-Shoreline,
was the companion bill and was heard in
the 2017 session. The bills failed to move.
2SHB 1486
wage liens/wage recovery
act
Failed/AWB Opposed
Second Substitute House Bill 1486,
sponsored by Rep. Mia Gregerson, D-Des
Moines, was reintroduced in the 2018
session. It sought to create a statutory
wage lien for claims on unpaid wages
and create procedures for establishing,
foreclosing, extinguishing, and prioritizing