Rule Updates

Rules Under Development

Minimum wages

Chapter 296-128, WAC

All updates for this rule:

Enforcement for Paid Sick Leave and Retaliation (Initiative 1433) (Chapter 269-128 WAC, Chapter 296-131 WAC, Chapter 296-126 WAC)

The purpose of this rulemaking is to propose rules pertaining to the enforcement directives related to the implementation of Initiative 1433 (I-1433), An Act Related to Fair Labor Standard. I-1433 passed on November 8, 2016, and requires, in part, employers provide paid sick leave to employees beginning on January 1, 2018. I-1433 directs the department to adopt and implement rules to carry out and enforce the act. The department’s rules for enforcement of rights provided in I-1433 must be at least equal to enforcement of the minimum wage. I-1433, under RCW 49.46.810, requires the department adopt and implement rules to carry out and enforce the initiative, including but not limited to procedures for notification to employees and reporting regarding sick leave, and protecting employees from retaliation for the lawful use of sick leave and exercising other rights under Chapter 49.46 RCW. Administrative enforcement of the minimum wage is pursuant to the Wage Payment Act under RCW 49.48.083 though RCW 49.48.086.802.

11/17/2017

Comments Due

11/9/2017

Public Hearing

11/8/2017

Public Hearing

10/3/2017

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

7/5/2017

PDF: Preproposal (CR-101)

Minimum Wage Act and Initiative 1433 (Chapter 296-128 WAC, Minimum Wages)

The purpose of this rulemaking is to implement, carry out, and enforce Initiative 1433, An Act Relating to Fair Labor Standards, which requires employers provide paid sick leave to employees. These rules: - Set parameters for the directives in Chapter 49.46 RCW; and - Create definitions and descriptions for paid sick leave pertaining to: written policies, accrual, usage, variance from required increments of use, reasonable notice, verification for absences exceeding three days, rate of pay, payment of paid sick leave, separation and reinstatement of accrued paid sick leave upon rehire, paid time off (PTO) programs, shared leave, shift swapping, frontloading, third party administrators, employee use of paid sick leave for unauthorized purposes, employer notification and reporting to employees, and retaliation. In addition to the paid sick leave proposed rules, amendments are being made to rules updating outdated language concerning people with disabilities to “People-first” language. Enforcement of the retaliation and enforcement directives related to the implementation of Initiative 1433 are being addressed in a separate rulemaking. The department will be working with employee and employer representative to perform outreach about the new rules. An online employer resource center is being developed to assist employers in learning about their new requirements, to provide guidance on employee notification and sample policies, etc. This rulemaking’s effective date is January 1, 2018, the effective date of the paid sick leave provisions of Initiative 1433. The changes were adopted 10/17/2017 and will be effective on 1/1/2018.788.

1/1/2018

Rule Changes Effective

10/17/2017

PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language

PDF: Final Cost Benefit Analysis

PDF: Response to Public Comments (CES)

PDF: Revised Small Business Economic Impact Statement (SBEIS)

9/1/2017

Comments Due

8/29/2017

Public Hearing

8/17/2017

Public Hearing

8/16/2017

Public Hearing

8/8/2017

Public Hearing

7/5/2017

PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language

PDF: Small Business Economic Impact Statement (SBEIS)

PDF: Preliminary Cost Benefit Analysis

1/4/2017

PDF: Preproposal (CR-101)

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