Domestic workers

AN ACT Relating to providing labor market protections for 1
domestic workers; amending RCW 49.46.010, 49.60.040, and 51.12.020; 2
adding a new section to chapter 49.60 RCW; adding a new chapter to 3
Title 49 RCW; prescribing penalties; and providing an effective date.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. Whereas domestic workers were historically 6
excluded from many basic labor protections and whereas these 7
protections have been identified as a priority to the people of the 8
state of Washington, this act declares that health, safety, wage 9
protections, and general welfare are guaranteed for domestic workers. 10
This includes meal and rest breaks, clarity on what constitutes 11
working time, sick time to care for themselves and their families, 12
and the freedom from discrimination and sexual harassment.13
NEW SECTION. Sec. 2. The definitions in this section apply 14
throughout this chapter unless the context clearly requires 15
otherwise.16
(1) "Casual labor" means work that is irregular, uncertain, and 17
incidental in nature and duration and is different in nature from the 18
type of paid work in which the worker is customarily engaged in.19
(2) "Department" means the department of labor and industries.20
H-0277.1
HOUSE BILL 1561
State of Washington 69th Legislature 2025 Regular Session
By Representatives Stonier, Ortiz-Self, Fosse, Berry, Ramel, Reed,
Gregerson, Parshley, Salahuddin, Peterson, Taylor, Ormsby, Scott,
Macri, Doglio, Hill, Thomas, and Simmons
Read first time 01/23/25. Referred to Committee on Labor & Workplace
Standards.
p. 1 HB 1561
(3) "Director" means the director of labor and industries.1
(4) "Domestic service" means services related to the care of 2
persons in private homes or the maintenance of private homes or their 3
premises. 4
(5)(a) "Domestic worker" includes hourly and salaried employees 5
and includes any worker who: 6
(i) Works for one or more hiring entity; and 7
(ii) Is an individual who works in residences as a nanny, house 8
cleaner, home care worker, cook, gardener, or household manager, or 9
for any domestic service purpose including but not limited to: Caring 10
for a child; providing support services for a person who is sick, 11
convalescing, elderly, or a person with a disability; providing 12
housekeeping or house cleaning services; cooking; providing food or 13
butler services; parking cars; cleaning laundry; gardening; or 14
working as a household manager. 15
(b) "Domestic worker" does not include: 16
(i) Persons who provide babysitting on a casual labor basis;17
(ii) Any individual employed in casual labor in or about a 18
private home, unless performed in the course of the hiring entity's 19
trade, business, or profession; 20
(iii) Individual providers, as defined in RCW 74.39A.240;21
(iv) Persons who perform house sitting, pet sitting, and dog 22
walking duties that do not involve domestic service; or23
(v) Any individual in a family relationship with the hiring 24
entity. 25
(6) "Employ" includes to permit to work. 26
(7) "Family member" shall be liberally construed to include, but 27
not be limited to, a parent, child, sibling, aunt, uncle, cousin, 28
grandparent, grandchild, grandniece, or grandnephew, or such 29
relatives when related by marriage. 30
(8) "Hiring entity" means any employer, as defined in RCW 31
49.46.010, and in RCW 49.60.040, who employs a domestic worker, as 32
well as any individual, partnership, association, corporation, 33
business trust, or any combination thereof, which pays a wage or pays 34
wages for the services of a domestic worker. It includes any such 35
entity, person, or group of persons that provides compensation 36
directly or indirectly to a domestic worker for the performance of 37
domestic services and any such entity, person, or persons acting 38
directly or indirectly in the interest of the hiring entity in 39
relation to the worker. "Hiring entity" does not include state 40
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agencies or in-home services agencies as defined in RCW 70.127.010 to 1
the extent that the home care services are funded through RCW 2
74.39A.310. 3
(9) "Standard rate of pay" means the agreed-upon rate of pay 4
between the hiring entity and domestic worker, as reflected in the 5
written agreement. 6
NEW SECTION. Sec. 3. A hiring entity employing a domestic 7
worker must follow these requirements:8
(1) A hiring entity employing a domestic worker shall pay the 9
domestic worker at least the minimum hourly rate as provided by RCW 10
49.46.020. This constitutes a wage payment requirement as defined in 11
RCW 49.48.082. 12
(2) A hiring entity employing a domestic worker shall pay the 13
domestic worker an overtime wage at a rate of one and one-half times 14
the worker's regular rate for hours worked in excess of 40 hours in a 15
workweek as provided by RCW 49.46.130. This constitutes a wage 16
payment requirement as defined in RCW 49.48.082. 17
(3) Domestic workers are entitled to an uninterrupted meal period 18
of at least 30 minutes which commences no less than two hours nor 19
more than five hours from the beginning of the shift. Meal periods 20
shall be on the hiring entity's time when the domestic worker is 21
required by the hiring entity to remain on duty on the premises or at 22
a prescribed worksite in the interest of the hiring entity.23
(a) No domestic worker shall be required to work more than five 24
consecutive hours without a meal period. 25
(b) Domestic workers working three or more hours longer than a 26
normal workday shall be allowed at least one 30-minute meal period 27
prior to or during the overtime period. 28
(c) Domestic workers shall be allowed an uninterrupted rest 29
period of not less than 10 minutes, on the hiring entity's time, for 30
each four hours of working time. Rest periods shall be scheduled as 31
near as possible to the midpoint of the work period. No domestic 32
worker shall be required to work more than three hours without a rest 33
period. 34
(d) A hiring entity may not discourage meal and rest breaks and 35
cannot request that a domestic worker voluntarily waive meal and rest 36
break requirements. 37
(e) If the nature of the work does not allow a domestic worker to 38
be relieved of all duties and an uninterrupted meal break or rest 39
p. 3 HB 1561
breaks may be impractical or impossible, a hiring entity must 1
compensate the domestic worker for that time at the standard rate of 2
pay for that worker. 3
(4) Subsections (1), (2), and (3) of this section do not apply 4
where a domestic worker voluntarily provides additional homecare in 5
excess of a written agreement between only the domestic worker and a 6
family member to whom the domestic worker is providing services.7
(5) For domestic workers living in the home of their hiring 8
entities, the hiring entity must permit the domestic worker to cook9
and consume the worker's own food, subject to reasonable restrictions 10
based on the religious or health needs of the home's residents.11
(6) The domestic worker must have the right to retain personal 12
effects, including any legal documents, including forms of 13
identification, passports, or other immigration documents.14
(7) All terms and expectations of employment must be in a written 15
agreement as specified in RCW 49.46.010. This includes but is not 16
limited to: Location where the work will be done; rate of pay, 17
including overtime expectations and compensation for additional 18
duties, if any; the work schedule at the time of hire including meal 19
and rest breaks; if applicable, deduction agreements, information 20
about days of rest, sick days, vacation days, personal days, and 21
holidays; transportation, severance, and health insurance costs; and 22
any fees or other costs for the domestic worker associated with 23
expectations of employment. 24
(a) All written agreements under this subsection (7) shall be:25
(i) Provided in a language or languages understood by both the 26
worker and hiring entity; and 27
(ii) Signed and dated by both the hiring entity and the domestic 28
worker, after any time requested for review by either party has 29
passed. 30
(b) No provisions in the written agreement may waive a domestic 31
worker's rights under federal, state, or local law.32
(c) The agreements may not contain mandatory predispute 33
arbitration clauses for employee claims of their legal rights, 34
noncompete agreements, nondisclosure agreements, or nondisparagement 35
agreements that inhibit a domestic worker's claims of their legal 36
rights under this chapter, or noncompete agreements that limit the 37
ability of domestic workers to seek any other form of domestic work 38
postemployment. 39
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(8) Any time a hiring entity initiates a written agreement of 1
employment, a disclosure of rights specified in section 16 of this 2
act must accompany that agreement. 3
(9) The hiring entity shall provide a minimum two-week 4
notification period before termination of the employment . For live-in 5
domestic workers, a minimum four-week notification period before 6
termination of the employment relationship shall be provided.7
(a) No notification period is required if: 8
(i) It is in connection with termination of work performed on a 9
casual labor basis for a hiring entity; 10
(ii) It occurs during an agreed-upon probationary period.11
(b) Notice of termination requirements do not apply if:12
(i) The hiring entity terminates employment based on a good faith 13
belief that the domestic worker has engaged in misconduct as defined 14
in RCW 50.04.294 or if circumstances outside of the hiring entity or 15
the hiring entity's control apply. This includes death, or if both 16
the hiring entity and domestic worker agree that the care needs have 17
significantly changed and cannot be addressed by the current 18
employment relationship. If an investigation into termination 19
commences, the hiring entity must be able to articulate and support 20
the allegations of misconduct or change of circumstances;21
(ii) If the domestic worker becomes unable to meet the stated 22
requirements for compensation as outlined in the written agreement.23
(c) Failure to provide notification as required under this 24
subsection shall entitle the domestic worker to severance pay in the 25
amount of the worker's standard rate of pay multiplied by the regular 26
number of hours worked over the period of time during which the 27
required notification was not provided. 28
(10) A hiring entity shall create and maintain records 29
documenting hours worked, pay rate, the existence of a written 30
contract, and, where applicable, the leave time earned and used. If a 31
complaint is filed and an investigation commences, the hiring entity 32
must make these records accessible. 33
(11) The enforcement entity shall maintain the confidentiality of 34
all records it obtains in connection with enforcement activities to 35
the full extent permitted by law. 36
(12) Any wages due to domestic workers under this chapter are 37
subject to the provisions of RCW 49.52.050 and RCW 49.52.070, where 38
hiring entities are subject to the same obligations and remedies as 39
"employers" under those sections. 40
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NEW SECTION. Sec. 4. A hiring entity that employs a domestic 1
worker may not:2
(1) Request that the domestic worker allow the hiring entity, on 3
either a mandatory or voluntary basis, to have possession of any 4
personal effects, including any legal documents, including forms of 5
identification, passports, or other immigration documents;6
(2) Engage in any form of discrimination and harassment as 7
defined by chapter 49.60 RCW. A domestic worker who files a complaint 8
or brings suit alleging discrimination in violation of RCW 49.60.180 9
shall be entitled to all the procedural and substantive rights 10
available under chapter 49.60 RCW; 11
(3) Subject a domestic worker to conduct with the purpose or 12
effect of unreasonable interfering with the domestic worker's work 13
performance by creating an intimidating, hostile, or offensive work 14
environment; 15
(4) Monitor or record, through any means, the activities of the 16
domestic worker using a bathroom or similar facility, in the domestic 17
worker's private living quarters, or while the domestic worker is 18
engaged in personal activities associated with dressing or changing 19
clothes; 20
(5) Monitor, record, or interfere with the private communications 21
of a domestic worker; 22
(6) Communicate to a person exercising rights protected under 23
this chapter, directly or indirectly, the willingness or intent to 24
inform a government employee or contracted organization suspected 25
citizenship or immigration status of a domestic worker or a family 26
member to a federal, state, or local agency because the domestic 27
worker has exercised any right under this chapter;28
(7) Take any adverse action against a domestic worker because the 29
domestic worker has exercised their rights provided under this 30
chapter. Such rights include, but are not limited to: Filing an 31
action, organizing or communicating amongst themselves, participating 32
in political speech, disclosing their immigration status, or 33
instituting or causing to be instituted any proceeding under or 34
related to this chapter. 35
NEW SECTION. Sec. 5. Where more than one hiring entity has an 36
employment relationship with a domestic worker in connection with the 37
same work or where more than one hiring entity has an overlapping 38
employment relationship with a domestic worker, the hiring entities 39
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are subject to liability as well as concurrent fines and penalties 1
for violations of this chapter. Any state agency that does not 2
contract with or employ domestic workers in the ordinary course of 3
business shall not be subject to liability unless that state agency 4
directly interferes with the rights established for domestic workers 5
under this act. 6
NEW SECTION. Sec. 6. (1) If a domestic worker files a complaint 7
with the department alleging a violation of the domestic worker's 8
rights under section 3 of this act, the department may investigate 9
the complaint under this section.10
(a) The department may not investigate any such alleged violation 11
of rights that occurred more than three years before the date that 12
the domestic worker filed the complaint. 13
(b) If a domestic worker files a timely complaint with the 14
department, the department may investigate the complaint and issue 15
either a citation assessing a civil penalty or a closure letter 16
within 60 days after the date on which the department received the 17
complaint, unless the complaint is otherwise resolved. The department 18
may extend the period by providing advance written notice to the 19
domestic worker and the hiring entity setting forth good cause for an 20
extension of the period and specifying the duration of the extension.21
(c) If the department investigates a violation under this 22
section, the department may send notice of a citation assessing a 23
civil penalty or the closure letter to both the hiring entity and the 24
domestic worker by service of process or using a method by which the 25
mailing can be tracked or the delivery can be confirmed to their last 26
known addresses. 27
(2) Unless otherwise resolved, if the department's investigation 28
finds that the domestic worker's allegation cannot be substantiated, 29
the department will issue a closure letter to the domestic worker and 30
the hiring entity detailing such finding. 31
(3) If the department determines that the violation of rights 32
under this chapter was a willful violation, the department may order 33
the hiring entity to pay the department a civil penalty as specified 34
in (a) of this subsection. 35
(a) A citation assessing a civil penalty for a willful violation 36
of such rights will be $1,000 for each willful violation. For a 37
repeat willful violator, the citation assessing a civil penalty will 38
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not be less than $2,000 for each repeat willful violation, but no 1
greater than $20,000 for each repeat willful violation.2
(b) The department may not issue a citation assessing a civil 3
penalty if the hiring entity reasonably relied on: 4
(i) A written order, ruling, approval, opinion, advice, 5
determination, or interpretation of the director; or6
(ii) An interpretive or administrative policy issued by the 7
department and filed with the office of the code reviser. In 8
accordance with the department's retention schedule obligations under 9
chapter 40.14 RCW, the department will maintain a complete and 10
accurate record of all written orders, rulings, approvals, opinions, 11
advice, determinations, and interpretations for purposes of 12
determining whether a hiring entity is immune from civil penalties 13
under this subsection (3)(b). 14
(c) The department may, at any time, waive or reduce a civil 15
penalty assessed under this section. 16
(d) The department will deposit civil penalties paid under this 17
section into a domestic workers rights grant program for the purpose 18
of enforcing rights for domestic workers under this act, educating 19
domestic workers of their rights under this act, educating domestic 20
worker hiring entities of their responsibilities under this act, and 21
assisting domestic workers in pursuing their workplace rights under 22
this act. The department will administer the grant program for 23
community organizations that further this purpose.24
(4) For purposes of this section, the following definitions 25
apply: 26
(a) "Repeat willful violator" means any hiring entity that has 27
been the subject of a final and binding citation for a willful 28
violation of one or more rights under this chapter, and all 29
applicable rules, within three years of the date of issuance of the 30
most recent citation for a willful violation of one or more such 31
rights. 32
(b) "Willful" means a knowing and intentional action that is 33
neither accidental nor the result of a bona fide dispute.34
NEW SECTION. Sec. 7. (1) A person, firm, or corporation 35
aggrieved by a citation assessing a civil penalty issued by the 36
department under section 6 of this act may appeal the citation to the 37
director by filing a notice of appeal with the director within 30 38
days of the department's issuance of the citation. A citation not 39
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appealed within 30 days is final and binding, and not subject to 1
further appeal. 2
(2) A notice of appeal filed with the director under this section 3
will stay the effectiveness of the citation pending final review of 4
the appeal by the director as provided for in chapter 34.05 RCW.5
(3) Upon receipt of a notice of appeal, the director will assign 6
the hearing to an administrative law judge of the office of 7
administrative hearings to conduct the hearing and issue an initial 8
order. The hearing and review procedures will be conducted in 9
accordance with chapter 34.05 RCW, and the standard of review by the 10
administrative law judge of an appealed citation will be de novo. Any 11
party who seeks to challenge an initial order shall file a petition 12
for administrative review with the director within 30 days after 13
service of the initial order. The director will conduct the 14
administrative review in accordance with chapter 34.05 RCW.15
(4) The director will issue all final orders after appeal of the 16
initial order. The final order of the director is subject to judicial 17
review in accordance with chapter 34.05 RCW. 18
(5) Orders that are not appealed within the period specified in 19
this section and chapter 34.05 RCW are final and binding, and not 20
subject to further appeal. 21
(6) A hiring entity who fails to allow adequate inspection of 22
records in an investigation by the department within a reasonable 23
time period may not use such records in any appeal under this section 24
to challenge the correctness of any determination by the department 25
of penalties assessed. 26
NEW SECTION. Sec. 8. Collections of unpaid citations 27
administered under sections 10 and 11 of this act will be handled 28
pursuant to the procedures outlined in RCW 49.48.086.29
NEW SECTION. Sec. 9. (1) It is unlawful for a hiring entity to 30
interfere with, restrain, or deny the exercise of any right provided 31
under or in connection with this chapter. This means a hiring entity 32
may not use a domestic worker's exercise of any of the rights 33
provided in this chapter as a negative factor in any employment 34
action such as evaluation, promotion, or termination, or otherwise 35
subject a domestic worker to discipline for the exercise of any 36
rights provided under this chapter.37
p. 9 HB 1561
(2) No hiring entity or any other person shall communicate to a 1
person exercising rights protected under this chapter, directly or 2
indirectly, the willingness or intent to inform a government employee 3
or contracted organization suspected citizenship or immigration 4
status of a domestic worker or a family member to a federal, state, 5
or local agency because the domestic worker has exercised a right 6
under this chapter. 7
(3) It is unlawful for a hiring entity to take any adverse action 8
against a domestic worker because the domestic worker has exercised 9
their rights provided under this chapter. Such rights include, but 10
are not limited to: Disclosing their immigration status or 11
instituting or causing to be instituted any proceeding under or 12
related to this chapter. 13
(4) Adverse action means any action taken or threatened by a 14
hiring entity against a domestic worker for their exercise of rights 15
under this chapter, which may include, but is not limited to:16
(a) Denying the use of any rights provided under this chapter;17
(b) Denying or delaying payment due under this chapter;18
(c) Terminating, suspending, demoting, or denying a promotion;19
(d) Reducing the number of work hours for which the domestic 20
worker is scheduled; 21
(e) Altering the domestic worker's preexisting work schedule;22
(f) Reducing the domestic worker's rate of pay; and23
(g) Threatening to take, or taking action, based upon the 24
immigration status of a domestic worker or a domestic worker's family 25
member. 26
(5) It shall be considered a rebuttable presumption of 27
retaliation if the hiring entity or any other person takes an adverse 28
action against a domestic worker within 90 calendar days of the 29
domestic worker's exercise of rights protected under this chapter. 30
However, in the case of seasonal employment that ended before the 31
close of the 90 calendar day period, the presumption also applies if 32
the hiring entity fails to rehire a former domestic worker at the 33
next opportunity for work in the same position. The hiring entity may 34
rebut the presumption with clear and convincing evidence that the 35
adverse action was taken for a permissible purpose.36
NEW SECTION. Sec. 10. (1) A domestic worker who believes that 37
they were subject to retaliation by their hiring entity, as defined 38
in this chapter, except for section 4 of this act, for the exercise 39
p. 10 HB 1561
of any domestic worker right under this chapter, may file a complaint 1
with the department within 180 days of the alleged retaliatory 2
action. The department may, at its discretion, extend the 180 day 3
period on recognized equitable principles or because extenuating 4
circumstances exist. For example, the department may extend the 180 5
day period when there is evidence that the hiring entity has 6
concealed or misled the domestic worker regarding the alleged 7
retaliatory action. 8
(2) If a domestic worker files a timely complaint with the 9
department alleging retaliation, the department may investigate the 10
complaint and issue either a citation and notice of assessment or a 11
determination of compliance within 90 days after the date on which 12
the department received the complaint, unless the complaint is 13
otherwise resolved. The department may extend the period by providing 14
advance written notice to the domestic worker and the hiring entity 15
setting forth good cause for an extension of the period and 16
specifying the duration of the extension. 17
(3) The department may consider a complaint to be otherwise 18
resolved when the domestic worker and the hiring entity reach a 19
mutual agreement to remedy any retaliatory action, or the domestic 20
worker voluntarily and on the domestic worker's own initiative 21
withdraws the complaint. Mutual agreements include, but are not 22
limited to, rehiring, reinstatement, back pay, and reestablishment of 23
benefits. 24
(4) If the department's investigation finds that the domestic 25
worker's allegation of retaliation cannot be substantiated, the 26
department may issue a determination of compliance to the domestic 27
worker and the hiring entity detailing such finding.28
(5) If the department's investigation finds that the hiring 29
entity retaliated against the domestic worker, and the complaint is 30
not otherwise resolved, the department may, at its discretion, notify 31
the hiring entity that the department intends to issue a citation and 32
notice of assessment, and may provide up to 30 days after the date of 33
such notification for the hiring entity to take corrective action to 34
remedy the retaliatory action. If the complaint is not otherwise 35
resolved, then the department may issue a citation and notice of 36
assessment. The department's citation and notice of assessment may:37
(a) Order the hiring entity to make payable to the domestic 38
worker earnings that the domestic worker did not receive due to the 39
hiring entity's retaliatory action, including interest of one percent 40
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per month on all earnings owed. The earnings and interest owed will 1
be calculated from the first date earnings were owed to the domestic 2
worker; 3
(b) Order the hiring entity to restore the domestic worker to the 4
position of employment held by the domestic worker when the 5
retaliation occurred, or restore the domestic worker to an equivalent 6
position with equivalent employment hours, work schedule, benefits, 7
pay, and other terms and conditions of employment; 8
(c) For the first violation, order the hiring entity to pay the 9
department a civil penalty as specified in this chapter; and10
(d) For a repeat violation, order the hiring entity to pay the 11
department up to double the civil penalty as specified in this 12
chapter. 13
(6) If the department issues a citation and notice of assessment 14
or determination of compliance, the department will send the citation 15
and notice of assessment or determination of compliance to both the 16
hiring entity and domestic worker by service of process or using a 17
method by which the mailing can be tracked or the delivery can be 18
confirmed to their last known addresses. 19
(7) During an investigation of the domestic worker's retaliation 20
complaint, if the department discovers information suggesting alleged 21
violations by the hiring entity of the domestic worker's other rights 22
under this chapter, and all applicable rules, the department may 23
investigate and take appropriate enforcement action without requiring 24
the domestic worker to file a new or separate complaint. If the 25
department determines that the hiring entity violated additional 26
rights of the domestic worker under this chapter, and all applicable 27
rules, the hiring entity may be subject to additional enforcement 28
actions for the violation of such rights. If the department discovers 29
information alleging the hiring entity retaliated against or 30
otherwise violated rights of other domestic workers under this 31
chapter, and all applicable rules, the department may launch further 32
investigation under this chapter, and all applicable rules, without 33
requiring additional complaints to be filed. 34
(8) The department may prioritize retaliation investigations as 35
needed to allow for timely resolution of complaints.36
(9) Nothing in this chapter limits the department's ability to 37
investigate under any other authority. 38
(10) Nothing in this chapter limits a domestic worker's right to 39
pursue private legal action. 40
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NEW SECTION. Sec. 11. (1) If the department's investigation 1
finds that a hiring entity retaliated against a domestic worker, 2
pursuant to the procedures outlined in sections 9 and 10 of this act, 3
the department may order the hiring entity to pay the department a 4
civil penalty. A civil penalty for a hiring entity's retaliatory 5
action will not be less than $1,000 or an amount equal to 10 percent 6
of the total amount of unpaid earnings attributable to the 7
retaliatory action, whichever is greater. The maximum civil penalty 8
for a hiring entity's retaliatory action shall be $20,000 for the 9
first violation, and $40,000 for each repeat violation.10
(2) The department may, at any time, waive or reduce any civil 11
penalty assessed against a hiring entity under this section if the 12
department determines that the hiring entity has taken corrective 13
action to remedy the retaliatory action. 14
(3) The department will deposit civil penalties paid under this 15
section in a fund dedicated to enforcement of this chapter.16
(4) Collections of amounts owed for unpaid citations and notices 17
of assessment in this section will be handled pursuant to the 18
procedures outlined in RCW 49.48.086. 19
NEW SECTION. Sec. 12. (1) A person, firm, or corporation 20
aggrieved by a citation and notice of assessment or a determination 21
of compliance may, within 30 days after the date of such decision, 22
submit a request for reconsideration to the department setting forth 23
the grounds for seeking such reconsideration, or submit an appeal to 24
the director pursuant to the procedures outlined in subsection (4) of 25
this section. If the department receives a timely request for 26
reconsideration, the department will either accept the request or 27
treat the request as a notice of appeal.28
(2) If a request for reconsideration is accepted, the department 29
will send notice of the request for reconsideration to the hiring 30
entity and the domestic worker. The department will determine if 31
there are any valid reasons to reverse or modify the department's 32
original decision to issue a citation and notice of assessment or 33
determination of compliance within 30 days of receipt of such 34
request. The department may extend this period by providing advance 35
written notice to the domestic worker and hiring entity setting forth 36
good cause for an extension of the period and specifying the duration 37
of the extension. After reviewing the reconsideration, the department 38
will either: 39
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(a) Notify the domestic worker and the hiring entity that the 1
citation and notice of assessment or determination of compliance is 2
affirmed; or 3
(b) Notify the domestic worker and the hiring entity that the 4
citation and notice of assessment or determination of compliance has 5
been reversed or modified. 6
(3) A request for reconsideration submitted to the department 7
shall stay the effectiveness of the citation and notice of assessment 8
or the determination of compliance pending the reconsideration 9
decision by the department. 10
(4) Within 30 days after the date the department issues a 11
citation and notice of assessment or a determination of compliance, 12
or within 30 days after the date the department issues its decision 13
on the request for reconsideration, a person, firm, or corporation 14
aggrieved by a citation and notice of assessment or a determination 15
of compliance may file with the director a notice of appeal.16
(5) A notice of appeal filed with the director under this section 17
shall stay the effectiveness of the citation and notice of assessment 18
or the determination of compliance pending final review of the appeal 19
by the director as provided for in chapter 34.05 RCW.20
(6) Upon receipt of a notice of appeal, the director shall assign 21
the hearing to an administrative law judge of the office of 22
administrative hearings to conduct the hearing and issue an initial 23
order. The hearing and review procedures shall be conducted in 24
accordance with chapter 34.05 RCW, and the standard of review by the 25
administrative law judge of an appealed citation and notice of 26
assessment or determination of compliance shall be de novo. Any party 27
who seeks to challenge an initial order shall file a petition for 28
administrative review with the director within 30 days after service 29
of the initial order. The director shall conduct administrative 30
review in accordance with chapter 34.05 RCW. 31
(7) If a request for reconsideration is not submitted to the 32
department within 30 days after the date of the original citation and 33
notice of assessment or determination of compliance, and a person, 34
firm, or corporation aggrieved by a citation and notice of assessment 35
or determination of compliance did not submit an appeal to the 36
director, then the citation and notice of assessment or determination 37
of compliance is final and binding, and not subject to further 38
appeal. 39
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(8) The director shall issue all final orders after appeal of the 1
initial order. The final order of the director is subject to judicial 2
review in accordance with chapter 34.05 RCW. 3
(9) Director's orders that are not appealed within the time 4
period specified in this section and chapter 34.05 RCW are final and 5
binding, and not subject to further appeal. 6
(10) A hiring entity who fails to allow adequate inspection of 7
records in an investigation by the department within a reasonable 8
time period may not use such records in any appeal to challenge the 9
correctness of any determination by the department.10
NEW SECTION. Sec. 13. The department may adopt rules to 11
implement this chapter.12
NEW SECTION. Sec. 14. This chapter establishes minimum 13
standards for wages and working conditions of domestic workers in 14
this state, unless exempted herefrom, and is in addition to and 15
supplementary to any other federal, state, or local law or ordinance, 16
or any rule or regulation issued thereunder. Any standards or rights 17
established by any applicable federal, state, or local law or 18
ordinance, or any rule or regulation issued thereunder, which are 19
more favorable to domestic workers than the minimum standards and 20
rights established by this chapter, or any rule or regulation issued 21
hereunder, shall not be affected by this chapter and such other laws, 22
or rules or regulations, shall be in full force and effect and may be 23
enforced as provided by law. The remedies provided by this chapter 24
are not exclusive and are concurrent with any other remedy provided 25
by law.26
NEW SECTION. Sec. 15. The attorney general's office shall 27
develop and make available a model disclosure statement which 28
describes a hiring entity's obligations and domestic worker's rights 29
under this chapter, in at least eight of the most commonly spoken 30
languages in Washington state. The disclosure statement must include 31
notice about any state law, rule, or regulation governing maternity 32
disability leave and indicate that federal or local ordinances, laws, 33
rules, or regulations may also apply. The model disclosure must also 34
include a telephone number and an address of the department to enable 35
domestic workers to obtain more rights, obligations, and enforcement.36
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NEW SECTION. Sec. 16. The attorney general's office shall 1
develop and make available a model written agreement, which describes 2
a hiring entity's obligations and domestic worker's rights under this 3
act in at least eight of the most commonly spoken languages.4
NEW SECTION. Sec. 17. (1) A domestic worker who deems 5
themselves injured by a violation of this act has the right to bring 6
forward any civil action, in a court of competent jurisdiction, for 7
any violation of rights pursuant to this act. This means any legal 8
action necessary to collect such claim, and the hiring entity shall 9
be required to pay the costs and such reasonable attorneys' fees as 10
may be allowed by the court.11
(2) Any agreement between such domestic worker and the hiring 12
entity allowing the domestic worker to receive less than what is due 13
under this chapter shall be no defense to such action.14
NEW SECTION. Sec. 18. (1) The department may:15
(a) Upon obtaining information indicating a hiring entity may be 16
committing a violation under this chapter, except for section 4 of 17
this act, conduct investigations to ensure compliance with this 18
chapter; 19
(b) Order the payment of all wages owed the domestic worker and 20
institute actions necessary for the collection of the sums determined 21
owed; and 22
(c) Take assignments of wage claims and prosecute actions for the 23
collection of wages of persons who are financially unable to employ 24
counsel when in the judgment of the director of the department the 25
claims are valid and enforceable in the courts. 26
(2) The director of the department or any authorized 27
representative may, for the purpose of carrying out this chapter:28
(a) Issue subpoenas to compel the attendance of witnesses or 29
parties and the production of books, papers, or records;30
(b) Administer oaths and examine witnesses under oath;31
(c) Take the verification of proof of instruments of writing; and32
(d) Take depositions and affidavits. If assignments for wage 33
claims are taken, court costs shall not be payable by the department 34
for prosecuting such suits. 35
(3) The director shall have a seal inscribed "Department of Labor 36
and Industries — State of Washington" and all courts shall take 37
judicial notice of such seal. Obedience to subpoenas issued by the 38
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director or authorized representative shall be enforced by the courts 1
in any county. 2
Sec. 19. RCW 49.46.010 and 2024 c 132 s 1 are each amended to 3
read as follows: 4
As used in this chapter: 5
(1) "Director" means the director of labor and industries;6
(2) "Employ" includes to permit to work; 7
(3) "Employee" includes any individual employed by an employer 8
but shall not include: 9
(a) Any individual (i) employed as a hand harvest laborer and 10
paid on a piece rate basis in an operation which has been, and is 11
generally and customarily recognized as having been, paid on a piece 12
rate basis in the region of employment; (ii) who commutes daily from 13
his or her permanent residence to the farm on which he or she is 14
employed; and (iii) who has been employed in agriculture less than 15
thirteen weeks during the preceding calendar year;16
(b) Any individual employed in casual labor in or about a private 17
home, unless performed in the course of the employer's trade, 18
business, or profession; 19
(c) Any individual employed in a bona fide executive, 20
administrative, or professional capacity or in the capacity of 21
outside salesperson as those terms are defined and delimited by rules 22
of the director. However, those terms shall be defined and delimited 23
by the human resources director pursuant to chapter 41.06 RCW for 24
employees employed under the director of personnel's jurisdiction;25
(d) Any individual engaged in the activities of an educational, 26
charitable, religious, state or local governmental body or agency, or 27
nonprofit organization where the employer-employee relationship does 28
not in fact exist or where the services are rendered to such 29
organizations gratuitously. If the individual receives reimbursement 30
in lieu of compensation for normally incurred out-of-pocket expenses 31
or receives a nominal amount of compensation per unit of voluntary 32
service rendered, an employer-employee relationship is deemed not to 33
exist for the purpose of this section or for purposes of membership 34
or qualification in any state, local government, or publicly 35
supported retirement system other than that provided under chapter 36
41.24 RCW; 37
(e) Any individual employed full time by any state or local 38
governmental body or agency who provides voluntary services but only 39
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with regard to the provision of the voluntary services. The voluntary 1
services and any compensation therefor shall not affect or add to 2
qualification, entitlement, or benefit rights under any state, local 3
government, or publicly supported retirement system other than that 4
provided under chapter 41.24 RCW; 5
(f) Any newspaper vendor, carrier, or delivery person selling or 6
distributing newspapers on the street, to offices, to businesses, or 7
from house to house and any freelance news correspondent or 8
"stringer" who, using his or her own equipment, chooses to submit 9
material for publication for free or a fee when such material is 10
published; 11
(g) Any carrier subject to regulation by Part 1 of the Interstate 12
Commerce Act; 13
(h) Any individual engaged in forest protection and fire 14
prevention activities; 15
(i) Any individual employed by any charitable institution charged 16
with child care responsibilities engaged primarily in the development 17
of character or citizenship or promoting health or physical fitness 18
or providing or sponsoring recreational opportunities or facilities 19
for young people or members of the armed forces of the United States;20
(j) Any individual whose duties require that he or she reside or 21
sleep at the place of his or her employment or who otherwise spends a 22
substantial portion of his or her work time subject to call, and not 23
engaged in the performance of active duties , except for domestic 24
workers as defined in section 2 of this act; 25
(k) Any resident, inmate, or patient of a state, county, or 26
municipal correctional, detention, treatment or rehabilitative 27
institution; 28
(l) Any individual who holds a public elective or appointive 29
office of the state, any county, city, town, municipal corporation or 30
quasi municipal corporation, political subdivision, or any 31
instrumentality thereof, or any employee of the state legislature;32
(m) All vessel operating crews of the Washington state ferries 33
operated by the department of transportation; 34
(n) Any individual employed as a seaman on a vessel other than an 35
American vessel; 36
(o) Any farm intern providing his or her services to a small farm 37
which has a special certificate issued under RCW 49.12.471;38
(p) An individual who is at least 16 years old but under twenty-39
one years old, in his or her capacity as a player for a junior ice 40
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hockey team that is a member of a regional, national, or 1
international league and that contracts with an arena owned, 2
operated, or managed by a public facilities district created under 3
chapter 36.100 RCW; or 4
(q) Any individual who has entered into a contract to play 5
baseball at the minor league level and who is compensated pursuant to 6
the terms of a collective bargaining agreement that expressly 7
provides for wages and working conditions; 8
(4) "Employer" includes any individual, partnership, association, 9
corporation, business trust, or any person or group of persons acting 10
directly or indirectly in the interest of an employer in relation to 11
an employee; 12
(5) "Occupation" means any occupation, service, trade, business, 13
industry, or branch or group of industries or employment or class of 14
employment in which employees are gainfully employed;15
(6) "Retail or service establishment" means an establishment 16
seventy-five percent of whose annual dollar volume of sales of goods 17
or services, or both, is not for resale and is recognized as retail 18
sales or services in the particular industry; 19
(7) "Wage" means compensation due to an employee by reason of 20
employment, payable in legal tender of the United States or checks on 21
banks convertible into cash on demand at full face value, subject to 22
such deductions, charges, or allowances as may be permitted by rules 23
of the director. 24
Sec. 20. RCW 49.60.040 and 2024 c 161 s 1 are each amended to 25
read as follows: 26
The definitions in this section apply throughout this chapter 27
unless the context clearly requires otherwise. 28
(1) "Aggrieved person" means any person who: (a) Claims to have 29
been injured by an unfair practice in a real estate transaction; or 30
(b) believes that he or she will be injured by an unfair practice in 31
a real estate transaction that is about to occur. 32
(2) "Any place of public resort, accommodation, assemblage, or 33
amusement" includes, but is not limited to, any place, licensed or 34
unlicensed, kept for gain, hire, or reward, or where charges are made 35
for admission, service, occupancy, or use of any property or 36
facilities, whether conducted for the entertainment, housing, or 37
lodging of transient guests, or for the benefit, use, or 38
accommodation of those seeking health, recreation, or rest, or for 39
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the burial or other disposition of human remains, or for the sale of 1
goods, merchandise, services, or personal property, or for the 2
rendering of personal services, or for public conveyance or 3
transportation on land, water, or in the air, including the stations 4
and terminals thereof and the garaging of vehicles, or where food or 5
beverages of any kind are sold for consumption on the premises, or 6
where public amusement, entertainment, sports, or recreation of any 7
kind is offered with or without charge, or where medical service or 8
care is made available, or where the public gathers, congregates, or 9
assembles for amusement, recreation, or public purposes, or public 10
halls, public elevators, and public washrooms of buildings and 11
structures occupied by two or more tenants, or by the owner and one 12
or more tenants, or any public library or educational institution, or 13
schools of special instruction, or nursery schools, or day care 14
centers or children's camps: PROVIDED, That nothing contained in this 15
definition shall be construed to include or apply to any institute, 16
bona fide club, or place of accommodation, which is by its nature 17
distinctly private, including fraternal organizations, though where 18
public use is permitted that use shall be covered by this chapter; 19
nor shall anything contained in this definition apply to any 20
educational facility, columbarium, crematory, mausoleum, or cemetery 21
operated or maintained by a bona fide religious or sectarian 22
institution: PROVIDED FURTHER, That this definition, as it relates to 23
"service animal trainers" and "service animal trainees" as those 24
terms are defined in this section, shall not include those places of 25
public accommodation conducted for housing or lodging of transient 26
guests. 27
(3) "Casual labor" means work that is irregular, uncertain, and 28
incidental in nature and duration and is different in nature from the 29
type of paid work in which the worker is customarily engaged in.30
(4) "Commission" means the Washington state human rights 31
commission. 32
(((4))) (5) "Complainant" means the person who files a complaint 33
in a real estate transaction. 34
(((5))) (6) "Covered multifamily dwelling" means: (a) Buildings 35
consisting of four or more dwelling units if such buildings have one 36
or more elevators; and (b) ground floor dwelling units in other 37
buildings consisting of four or more dwelling units.38
(((6))) (7) "Credit transaction" includes any open or closed end 39
credit transaction, whether in the nature of a loan, retail 40
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installment transaction, credit card issue or charge, or otherwise, 1
and whether for personal or for business purposes, in which a 2
service, finance, or interest charge is imposed, or which provides 3
for repayment in scheduled payments, when such credit is extended in 4
the regular course of any trade or commerce, including but not 5
limited to transactions by banks, savings and loan associations or 6
other financial lending institutions of whatever nature, stock 7
brokers, or by a merchant or mercantile establishment which as part 8
of its ordinary business permits or provides that payment for 9
purchases of property or service therefrom may be deferred.10
(((7))) (8)(a) "Disability" means the presence of a sensory, 11
mental, or physical impairment that: 12
(i) Is medically cognizable or diagnosable; or13
(ii) Exists as a record or history; or 14
(iii) Is perceived to exist whether or not it exists in fact.15
(b) A disability exists whether it is temporary or permanent, 16
common or uncommon, mitigated or unmitigated, or whether or not it 17
limits the ability to work generally or work at a particular job or 18
whether or not it limits any other activity within the scope of this 19
chapter. 20
(c) For purposes of this definition, "impairment" includes, but 21
is not limited to: 22
(i) Any physiological disorder, or condition, cosmetic 23
disfigurement, or anatomical loss affecting one or more of the 24
following body systems: Neurological, musculoskeletal, special sense 25
organs, respiratory, including speech organs, cardiovascular, 26
reproductive, digestive, genitourinary, hemic and lymphatic, skin, 27
and endocrine; or 28
(ii) Any mental, developmental, traumatic, or psychological 29
disorder, including but not limited to cognitive limitation, organic 30
brain syndrome, emotional or mental illness, and specific learning 31
disabilities. 32
(d) Only for the purposes of qualifying for reasonable 33
accommodation in employment, an impairment must be known or shown 34
through an interactive process to exist in fact and:35
(i) The impairment must have a substantially limiting effect upon 36
the individual's ability to perform his or her job, the individual's 37
ability to apply or be considered for a job, or the individual's 38
access to equal benefits, privileges, or terms or conditions of 39
employment; or 40
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(ii) The employee must have put the employer on notice of the 1
existence of an impairment, and medical documentation must establish 2
a reasonable likelihood that engaging in job functions without an 3
accommodation would aggravate the impairment to the extent that it 4
would create a substantially limiting effect. 5
(e) For purposes of (d) of this subsection, a limitation is not 6
substantial if it has only a trivial effect. 7
(((8))) (9) "Dog guide" means a dog that is trained for the 8
purpose of guiding blind persons or a dog that is trained for the 9
purpose of assisting hearing impaired persons. 10
(((9))) (10) "Domestic service" means household services for 11
members of households or their guests in private homes. "Domestic 12
service" includes the maintenance of private homes or their premises.13
(11) "Dwelling" means any building, structure, or portion thereof 14
that is occupied as, or designed or intended for occupancy as, a 15
residence by one or more families, and any vacant land that is 16
offered for sale or lease for the construction or location thereon of 17
any such building, structure, or portion thereof. 18
(((10))) (12) "Employ" includes to permit to work.19
(13) "Employee" does not include ((any)):20
(a) Any individual employed by his or her parents, spouse, or 21
child((, or in the domestic service of any person));22
(b) Persons who provide babysitting on a casual labor basis;23
(c) Persons who provide services or supports for a family member 24
on a casual labor basis;25
(d) Any individual employed in casual labor in or about a private 26
home, unless performed in the course of a hiring entity's trade, 27
business, or profession;28
(e) Individual providers, as defined in RCW 74.39A.240;29
(f) Persons who perform house sitting, pet sitting, and dog 30
walking duties that do not involve domestic service; or31
(g) Persons providing services to another family member who is 32
sick, convalescing, elderly, or a person with a disability, where the 33
family members do not intend to establish an employer-employee 34
relationship. An employer-employee relationship does not exist under 35
such circumstances when:36
(i) The family members have mutually agreed that care is provided 37
gratuitously; or38
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(ii) The family member provides services for fewer than 15 hours 1
per week and the family member providing care does not provide 2
domestic services in the person's ordinary course of business.3
(((11))) (14) "Employer" includes any person acting in the 4
interest of an employer or hiring entity, directly or indirectly, who 5
employs eight or more persons, unless hiring for domestic services, 6
and does not include any religious or sectarian organization not 7
organized for private profit. "Employer" also includes any person 8
employing an employee for domestic service.9
(((12))) (15) "Employment agency" includes any person undertaking 10
with or without compensation to recruit, procure, refer, or place 11
employees ((for an employer)). 12
(((13))) (16) "Families with children status" means one or more 13
individuals who have not attained the age of eighteen years being 14
domiciled with a parent or another person having legal custody of 15
such individual or individuals, or with the designee of such parent 16
or other person having such legal custody, with the written 17
permission of such parent or other person. Families with children 18
status also applies to any person who is pregnant or is in the 19
process of securing legal custody of any individual who has not 20
attained the age of eighteen years. 21
(((14))) (17) "Full enjoyment of" includes the right to purchase 22
any service, commodity, or article of personal property offered or 23
sold on, or by, any establishment to the public, and the admission of 24
any person to accommodations, advantages, facilities, or privileges 25
of any place of public resort, accommodation, assemblage, or 26
amusement, without acts directly or indirectly causing persons of any 27
particular race, creed, color, sex, sexual orientation, national 28
origin, or with any sensory, mental, or physical disability, or the 29
use of a trained dog guide or service animal by a person with a 30
disability, to be treated as not welcome, accepted, desired, or 31
solicited. 32
(((15))) (18) "Hiring entity" means any employer, as defined in 33
RCW 49.46.010, or in this section, who employs an employee for 34
domestic services, as well as any individual, partnership, 35
association, corporation, business trust, or any combination thereof, 36
which pays a wage or pays wages. It includes any such entity, person, 37
or group of persons that provides compensation directly or indirectly 38
to a domestic worker for the performance of domestic services and any 39
such entity, person, or persons acting directly or indirectly in the 40
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interest of the hiring entity in relation to the domestic worker. 1
"Hiring entity" does not include a state agency or home care agency 2
as defined in RCW 70.127.010 and licensed under chapter 70.127 RCW if 3
the home care agency receives funding through RCW 74.39A.310.4
(19) "Honorably discharged veteran or military status" means a 5
person who is: 6
(a) A veteran, as defined in RCW 41.04.007; or 7
(b) An active or reserve member in any branch of the armed forces 8
of the United States, including the national guard, coast guard, and 9
armed forces reserves. 10
(((16))) (20) "Labor organization" includes any organization 11
which exists for the purpose, in whole or in part, of dealing with 12
employers concerning grievances or terms or conditions of employment, 13
or for other mutual aid or protection in connection with employment.14
(((17))) (21) "Marital status" means the legal status of being 15
married, single, separated, divorced, or widowed. 16
(((18))) (22) "National origin" includes "ancestry."17
(((19))) (23) "Person" includes one or more individuals, 18
partnerships, associations, organizations, corporations, 19
cooperatives, legal representatives, trustees and receivers, or any 20
group of persons; it includes any owner, lessee, proprietor, manager, 21
agent, or employee, whether one or more natural persons; and further 22
includes any political or civil subdivisions of the state and any 23
agency or instrumentality of the state or of any political or civil 24
subdivision thereof. 25
(((20))) (24) "Premises" means the interior or exterior spaces, 26
parts, components, or elements of a building, including individual 27
dwelling units and the public and common use areas of a building.28
(((21))) (25) "Race" is inclusive of traits historically 29
associated or perceived to be associated with race including, but not 30
limited to, hair texture and protective hairstyles. For purposes of 31
this subsection, "protective hairstyles" includes, but is not limited 32
to, such hairstyles as afros, braids, locks, and twists.33
(((22))) (26) "Real estate transaction" includes the sale, 34
appraisal, brokering, exchange, purchase, rental, or lease of real 35
property, transacting or applying for a real estate loan, or the 36
provision of brokerage services. 37
(((23))) (27) "Real property" includes buildings, structures, 38
dwellings, real estate, lands, tenements, leaseholds, interests in 39
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real estate cooperatives, condominiums, and hereditaments, corporeal 1
and incorporeal, or any interest therein. 2
(((24))) (28) "Respondent" means any person accused in a 3
complaint or amended complaint of an unfair practice in a real estate 4
transaction. 5
(((25))) (29) "Service animal" means any dog or miniature horse 6
that is individually trained to do work or perform tasks for the 7
benefit of an individual with a disability, including a physical, 8
sensory, psychiatric, intellectual, or other mental disability. The 9
work or tasks performed by the service animal must be directly 10
related to the individual's disability. Examples of work or tasks 11
include, but are not limited to, assisting individuals who are blind 12
or have low vision with navigation and other tasks, alerting 13
individuals who are deaf or hard of hearing to the presence of people 14
or sounds, providing nonviolent protection or rescue work, pulling a 15
wheelchair, assisting an individual during a seizure, alerting 16
individuals to the presence of allergens, retrieving items such as 17
medicine or the telephone, providing physical support and assistance 18
with balance and stability to individuals with mobility disabilities, 19
and helping persons with psychiatric and neurological disabilities by 20
preventing or interrupting impulsive or destructive behaviors. The 21
crime deterrent effects of an animal's presence and the provision of 22
emotional support, well-being, comfort, or companionship do not 23
constitute work or tasks. This subsection does not apply to RCW 24
49.60.222 through 49.60.227 with respect to housing accommodations or 25
real estate transactions. 26
(((26))) (30) "Service animal trainee" means any dog or miniature 27
horse that is undergoing training to become a service animal.28
(((27))) (31) "Service animal trainer" means an individual 29
exercising care, custody, and control over a service animal trainee 30
during a course of training designed to develop the service animal 31
trainee into a service animal. 32
(((28))) (32) "Sex" means gender. 33
(((29))) (33) "Sexual orientation" means heterosexuality, 34
homosexuality, bisexuality, and gender expression or identity. As 35
used in this definition, "gender expression or identity" means having 36
or being perceived as having a gender identity, self-image, 37
appearance, behavior, or expression, whether or not that gender 38
identity, self-image, appearance, behavior, or expression is 39
p. 25 HB 1561
different from that traditionally associated with the sex assigned to 1
that person at birth. 2
NEW SECTION. Sec. 21. A new section is added to chapter 49.60 3
RCW to read as follows: 4
An employee employed in domestic service who files a complaint or 5
brings suit alleging discrimination in violation of RCW 49.60.180 6
shall be entitled to all the procedural and substantive rights 7
available under this chapter except when: 8
(1) The employer is a person who is elderly or has a disability 9
that results in discriminatory or harassing behaviors;10
(2) The employer or a hiring entity informs the employee 11
providing home care or personal care services to a person who has a 12
documented behavioral condition, that the employer or hiring entity 13
has reason to believe that those behaviors will result in 14
discrimination and abusive conduct likely occurring in or around the 15
client's home prior to assigning the employee to that client and 16
throughout the duration of service; 17
(3) The behaviors can be shown as directly resulting from a 18
diagnosed and documented cognitive impairment; and19
(4) The employee voluntarily agrees to initiate or continue the 20
employment relationship; or 21
(5) The employer or hiring entity receiving personal care 22
services, as defined in RCW 74.39A.009, refuses to hire an employee 23
based on gender preferences. 24
Sec. 22. RCW 51.12.020 and 2022 c 281 s 8 are each amended to 25
read as follows: 26
The following are the only employments which shall not be 27
included within the mandatory coverage of this title:28
(1) ((Any person employed as a domestic servant in a private home 29
by an employer who has less than two employees regularly employed 30
forty or more hours a week in such employment.31
(2) Any person employed to do gardening, maintenance, or repair, 32
in or about the private home of the employer. For the purposes of 33
this subsection, "maintenance" means the work of keeping in proper 34
condition, "repair" means to restore to sound condition after damage, 35
and "private home" means a person's place of residence.36
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(3))) A person whose employment is not in the course of the 1
trade, business, or profession of his or her employer and is not in 2
or about the private home of the employer. 3
(((4))) (2) Any person performing services in return for aid or 4
sustenance only, received from any religious or charitable 5
organization. 6
(((5))) (3) Sole proprietors or partners. 7
(((6))) (4) Any child under eighteen years of age employed by his 8
or her parent or parents in agricultural activities on the family 9
farm. 10
(((7))) (5) Jockeys while participating in or preparing horses 11
for race meets licensed by the Washington horse racing commission 12
pursuant to chapter 67.16 RCW. 13
(((8))) (6)(a) Except as otherwise provided in (b) of this 14
subsection, any bona fide officer of a corporation voluntarily 15
elected or voluntarily appointed in accordance with the articles of 16
incorporation or bylaws of the corporation, who at all times during 17
the period involved is also a bona fide director, and who is also a 18
shareholder of the corporation. Only such officers who exercise 19
substantial control in the daily management of the corporation and 20
whose primary responsibilities do not include the performance of 21
manual labor are included within this subsection. 22
(b) Alternatively, a corporation that is not a "public company" 23
as defined in RCW 23B.01.400 may exempt eight or fewer bona fide 24
officers, who are voluntarily elected or voluntarily appointed in 25
accordance with the articles of incorporation or bylaws of the 26
corporation and who exercise substantial control in the daily 27
management of the corporation, from coverage under this title without 28
regard to the officers' performance of manual labor if the exempted 29
officer is a shareholder of the corporation, or may exempt any number 30
of officers if all the exempted officers are related by blood within 31
the third degree or marriage. If a corporation that is not a "public 32
company" elects to be covered under (a) of this subsection, the 33
corporation's election must be made on a form prescribed by the 34
department and under such reasonable rules as the department may 35
adopt. 36
(c) Determinations respecting the status of persons performing 37
services for a corporation shall be made, in part, by reference to 38
Title 23B RCW and to compliance by the corporation with its own 39
articles of incorporation and bylaws. For the purpose of determining 40
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coverage under this title, substance shall control over form, and 1
mandatory coverage under this title shall extend to all workers of 2
this state, regardless of honorary titles conferred upon those 3
actually serving as workers. 4
(d) A corporation may elect to cover officers who are exempted by 5
this subsection in the manner provided by RCW 51.12.110.6
(((9))) (7) Services rendered by a musician or entertainer under 7
a contract with a purchaser of the services, for a specific 8
engagement or engagements when such musician or entertainer performs 9
no other duties for the purchaser and is not regularly and 10
continuously employed by the purchaser. A purchaser does not include 11
the leader of a group or recognized entity who employs other than on 12
a casual basis musicians or entertainers. 13
(((10))) (8) Services performed by a newspaper vendor, carrier, 14
or delivery person selling or distributing newspapers on the street, 15
to offices, to businesses, or from house to house and any freelance 16
news correspondent or "stringer" who, using his or her own equipment, 17
chooses to submit material for publication for free or a fee when 18
such material is published. 19
(((11))) (9) Services performed by an insurance producer, as 20
defined in RCW 48.17.010, or a surplus line broker licensed under 21
chapter 48.15 RCW. 22
(((12))) (10) Services performed by a booth renter. However, a 23
person exempted under this subsection may elect coverage under RCW 24
51.32.030. 25
(((13))) (11) Members of a limited liability company, if either:26
(a) Management of the company is vested in its members, and the 27
members for whom exemption is sought would qualify for exemption 28
under subsection (((5))) (3) of this section were the company a sole 29
proprietorship or partnership; or 30
(b) Management of the company is vested in one or more managers, 31
and the members for whom the exemption is sought are managers who 32
would qualify for exemption under subsection (((8))) (6) of this 33
section were the company a corporation. 34
(((14))) (12) For hire vehicle operators under chapter 46.72 RCW 35
who own or lease the for hire vehicle, chauffeurs under chapter 36
46.72A RCW who own or lease the limousine, and operators of taxicabs 37
under chapter 81.72 RCW who own or lease the taxicab. An owner or 38
lessee may elect coverage in the manner provided by RCW 51.32.030.39
p. 28 HB 1561
NEW SECTION. Sec. 23. Sections 1 through 18 of this act 1
constitute a new chapter in Title 49 RCW.2
NEW SECTION. Sec. 24. Sections 1 through 20 of this act take 3
effect July 1, 2026.4
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p. 29 HB 1561