2018 legislative review
noncompetition agreements
HB 2903 noncompetition agreements
Failed / AWB Opposed
House Bill 2903 , sponsored by Rep . Derek Stanford , D-Bothell , was introduced in 2018 . This was a substantially different bill from Engrossed House Bill 1967 , which was a compromise bill introduced in the 2017 session . HB 2903 would essentially eliminate non-compete clauses for anyone making less than $ 300,000 , or five times the annual average weekly wage . This was eventually reduced to anyone making up to $ 103,000 . It would also limit any non-compete agreements to one year . Noncompete agreements would no longer be available for independent contractors . In addition , the legislation included a garden leave clause . The garden leave clause required an employer to continue to pay an employee salary while the non-compete was in force . AWB opposed the bill as drafted . This is expected to be an issue again in 2019 .
SSB 6526 noncompetition agreements
Failed / AWB Opposed
Substitute Senate Bill 6526 , sponsored by Sen . Steve Conway , D-Tacoma , would have eliminated non-compete agreements except for individuals selling their business or assets of a business . This is similar to the California system and an earlier bill introduced in the House in 2015 . The bill was amended before it moved out of committee . It would allow non-competes for anyone who is not an hourly employee . workers ’ compensation
Washington ’ s compulsory workers ’ compensation system continues to remain one of the most expensive and administratively complex in the nation . The last major workers ’ compensation reforms were passed in 2011 , yet the reforms have not produced the promised savings or increased efficiencies . The 2011 reforms have failed to make our state ’ s system competitive to other states and workers continue to have limited options for resolving their claims . The state Department of Labor & Industries continues to raise costs on employers . Substantive reforms have failed to gain support in the current political makeup of the Legislature . In fact , the 2018 session saw some significant expansion of claims not previously allowed under the system .
SHB 1723 hanford occupational disease
Passed / AWB Opposed
Substitute House Bill 1723 , sponsored by Rep . Larry Haler , R-Richland , creates a presumption of occupational disease for certain employees at the U . S . Department of Energy Hanford site . The bill defines a Hanford site worker as any person , including a contractor or subcontractor , who was engaged in the direct and indirect performance of work for the United States on projects and contracts at the Hanford nuclear site and who worked on the site at the 200 east , 300 west , 300 area , environmental restoration disposal facility site , central plateau , or the river corridor locations for at least one 8-hour shift while covered under the state ’ s industrial insurance laws . This bill raises concerns that this presumption would apply to anyone who worked on the facility for as few as eight hours , regardless of job duties . This creates a legal precedent that changes the burden of proof for certain occupational disease claims , increases the cost of litigation , with no additional benefit . AWB testified in opposition to this bill .
ESB 6213 presumption of occupational disease for firefighters , investigators and law enforcement
Failed / AWB Opposed
Engrossed Senate Bill 6213 , sponsored by Sen . Kevin Ranker , D-Orcas Island , sought to make the occupational disease presumptions for firefighters applicable to certain emergency medical technicians and public employee fire investigators and add additional cancers to the cancer occupational disease presumption . It also would have created an occupational disease presumption for heart problems and infectious diseases for law enforcement officers and required the Department of Labor & Industries to convene a workgroup to recommend options for amending first responder occupations and diseases for application of a presumption . All the claims listed are still available to claimants . This bill would have shifted the burden of proof to the employer , requiring them to prove the condition does not exist . This would increase litigation cost with no real increase in benefits or reduction in claims . AWB testified in opposition to this bill .
SSB 6214 industrial insurance stress claims
Passed / AWB Opposed
Substitute Senate Bill 6214 , sponsored by Sen . Steve Conway , D-Lakewood , sought to establish that the exclusion for stresscaused mental conditions or disabilities from industrial insurance occupational disease do not apply to law enforcement officers and firefighters . Under the state ’ s industrial insurance laws , a worker who is injured or suffers disability from an occupational disease is entitled to certain benefits . The law provides that the
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