2018 legislative review
Sen . Karen Keiser , D-Kent , is the president pro tem of the Senate , and chairs the Senate Labor & Commerce Committee .
limited to complaints or causes of action for sexual harassment or sexual assault in mandatory employment contracts and agreements . It was amended to provide that any provision of an employment contract or agreement is against public policy and is void and unenforceable if it requires an employee to waive the right to publicly pursue a cause of action under the Washington Law Against Discrimination , federal antidiscrimination laws , publicly file a complaint with the appropriate state or federal agency , or if it requires a dispute resolution process that is confidential . There are concerns whether this bill may be preempted by the Federal Arbitration Act . AWB took no position initially . After passage , concerns were raised and AWB continues to work to address the apparent federal preemption issue .
SB 6471 developing model policies to create workplaces that are safe from sexual harassment
Passed / AWB Supported
Senate Bill 6471 , sponsored by Sen . Karen Keiser , D-Kent , directs the Human Rights Commission to convene a work group to develop model policies and best practices for employers and employees to keep workplaces safe from sexual harassment . AWB supported this legislation .
SSB 5667 off-duty employee conduct
Failed / AWB Opposed
Substitute Senate Bill 5667 , sponsored by Sen . Patty Kuderer , D-Bellevue , would have made it an unfair practice for an employer to take an adverse employment action , or discriminate against an employee or prospective employee because that person participates in an activity that is lawful under state law . If passed , it would have prevented employers from refusing to hire smokers or marijuana users , and any other “ legal activity .” This was an attempt to circumvent the current law regarding marijuana use . AWB opposed the bill .
2SHB 1298 job applicants / arrests
Passed / AWB Neutral
Second Substitute House Bill 1298 , sponsored by Rep . Lillian Ortiz-Self , D-Mukilteo , prohibits employers from asking about arrests and convictions before an applicant is determined otherwise qualified for a job . It does this by establishing the Washington Fair Chance Act . The act prohibits an employer from including any question on an application for employment , from inquiring either orally or in writing , from receiving information through a criminal history background check , or from otherwise obtaining information about an applicant ’ s criminal record until after the employer initially determines that the applicant is otherwise qualified for the position . It allows employers to confirm arrest records before initial interviews . There are exceptions to the rule for several industries and types of jobs . The state Attorney General ’ s Office will be responsible for enforcing this act . AWB was neutral on this bill .
portability of benefits / independent contractors
Lawmakers included a budget proviso during the 2018 session to study the viability of making benefits portable for independent contractors . The Legislature tasked the Department of Commerce to set up an advisory committee of stakeholders to review the topic and get back to the Legislature with a report . The proviso is as follows : ( a ) $ 500,000 of the general fund . The state appropriation for fiscal year 2019 is provided solely for a contract to study and report on independent contractor employment in Washington state . The contractor shall provide to the department an interim report to include a substantive update by Nov . 1 , 2018 . The contractor report shall be provided to the department by June 1 , 2019 . The report must include information on the needs of workers earning income as independent contractors , including source of income , the amount of their income derived from independent work , and a discussion of the benefits provided to such workers . ( b ) The department must convene an advisory committee to provide assistance
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