Signed by Governor Jay Inslee

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that establishes statutory procedures for an employer to contest an order of immediate restraint (OIR) and appeal alleged violations of the OIR, and authorizes the imposition of daily civil penalties.

Highlights:

• Authorizes an employer to contest an order restraining any condition of employment or practice within 10 working days of the effective date of the order by making an application to the superior court of the county wherein such condition of employment or practice exists (Sec. 1-3).

• Specifies if, within 15 working days from the receipt of notification issued by the director the employer fails to notify the director that the employer intends to appeal the notification of assessment of penalty, the notification and assessment of penalty will  be deemed a final order of the department and not subject to review by any court or agency (Sec. 2-3).

• Establishes within 90 days of the receipt of the complaint filed under this law, the director will notify the complainant and the employer of his or her determination unless the matter is otherwise resolved. The department may extend the period by providing advance written notice to the complainant and the employer setting forth good cause for an extension of the period, and specifying the duration of the extension (Sec. 3-3).

• Specifies if the director determines that the provisions of this law have been violated, the director will issue a citation and notice of assessment describing the violation to the employer, ordering all appropriate relief, and may assess a civil penalty (Sec. 3-4.a).

• Classifies appropriate relief to include, but is not limited to, the following (Sec. 3-4.b):

• Restoring the complainant to the position of employment held by the complainant when the discrimination occurred, or restoring the complainant to an equivalent position with equivalent employment hours, work schedule, benefits, pay, and other terms and conditions of employment; and

• Ordering the employer to make payable to the complainant earnings that the complainant did not receive due to the employer's discriminatory action, including interest of one percent per month on all earnings owed. The earnings and interest owed will be calculated from the first date earnings were owed to the employee.

• Specifies if an employer or complainant notifies the department of an appeal, the department may reassume jurisdiction according to the timeline, process for hearing, and issuance of corrective notices of redetermination. The redetermination will become the final subject to direct appeal by an employer or complainant to the board of industrial insurance appeals within 15 working days of such redetermination with service of notice of appeal upon the director (Sec. 3-7).

• Specifies nothing in this law diminishes the rights, privileges, or remedies of any employee under any federal or state law or under any collective bargaining agreement. The department and complainant may pursue remedies in superior court that are outside the board of industrial insurance appeals' jurisdiction (Sec. 3-10).

• Establishes any employer who has been issued an order immediately restraining a condition, practice, method, process, or means in the workplace and who nevertheless continues such condition, practice, method, process, or means, or who continues to use a machine or equipment or part thereof to which a notice prohibiting such use has been attached, may be assessed a civil penalty of not more than the maximum penalty for a serious violation under this law for each day the employer continues such condition, practice, method, process, or means, or continues to use a machine or equipment or part thereof to which a notice prohibiting such use has been attached (Sec. 4-5).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes statutory procedures for an employer to contest an order of immediate restraint (OIR) and appeal alleged violations of the OIR, and authorizes the imposition of daily civil penalties.

Highlights:

• Authorizes an employer to contest an order restraining any condition of employment or practice within 10 working days of the effective date of the order by making an application to the superior court of the county wherein such condition of employment or practice exists (Sec. 1-3).

• Specifies if, within 15 working days from the receipt of notification issued by the director the employer fails to notify the director that the employer intends to appeal the notification of assessment of penalty, the notification and assessment of penalty will  be deemed a final order of the department and not subject to review by any court or agency (Sec. 2-3).

• Establishes within 90 days of the receipt of the complaint filed under this law, the director will notify the complainant and the employer of his or her determination unless the matter is otherwise resolved. The department may extend the period by providing advance written notice to the complainant and the employer setting forth good cause for an extension of the period, and specifying the duration of the extension (Sec. 3-3).

• Specifies if the director determines that the provisions of this law have been violated, the director will issue a citation and notice of assessment describing the violation to the employer, ordering all appropriate relief, and may assess a civil penalty (Sec. 3-4.a).

• Classifies appropriate relief to include, but is not limited to, the following (Sec. 3-4.b):

• Restoring the complainant to the position of employment held by the complainant when the discrimination occurred, or restoring the complainant to an equivalent position with equivalent employment hours, work schedule, benefits, pay, and other terms and conditions of employment; and

• Ordering the employer to make payable to the complainant earnings that the complainant did not receive due to the employer's discriminatory action, including interest of one percent per month on all earnings owed. The earnings and interest owed will be calculated from the first date earnings were owed to the employee.

• Specifies if an employer or complainant notifies the department of an appeal, the department may reassume jurisdiction according to the timeline, process for hearing, and issuance of corrective notices of redetermination. The redetermination will become the final subject to direct appeal by an employer or complainant to the board of industrial insurance appeals within 15 working days of such redetermination with service of notice of appeal upon the director (Sec. 3-7).

• Specifies nothing in this law diminishes the rights, privileges, or remedies of any employee under any federal or state law or under any collective bargaining agreement. The department and complainant may pursue remedies in superior court that are outside the board of industrial insurance appeals' jurisdiction (Sec. 3-10).

• Establishes any employer who has been issued an order immediately restraining a condition, practice, method, process, or means in the workplace and who nevertheless continues such condition, practice, method, process, or means, or who continues to use a machine or equipment or part thereof to which a notice prohibiting such use has been attached, may be assessed a civil penalty of not more than the maximum penalty for a serious violation under this law for each day the employer continues such condition, practice, method, process, or means, or continues to use a machine or equipment or part thereof to which a notice prohibiting such use has been attached (Sec. 4-5).

Full Bill Text