Self-service checkout

AN ACT Relating to regulating the use of self-service checkout 1
stations; amending RCW 49.85.015, 49.85.045, and 49.85.050; adding a 2
new section to chapter 49.85 RCW; and prescribing penalties.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 49.85.015 and 2024 c 129 s 2 are each amended to 5
read as follows: 6
The definitions in this section apply throughout this chapter 7
unless the context clearly requires otherwise. 8
(1) "Change in control" means any sale, purchase, assignment, 9
acquisition, transfer, contribution, or other disposition of all or 10
substantially all of the assets, cash on hand, or a controlling 11
interest, including by consolidation, merger, or reorganization, of 12
or by the incumbent grocery employer or any person who controls the 13
incumbent grocery employer or any grocery establishment under the 14
operation or control of either the incumbent grocery employer or any 15
person who controls the incumbent grocery employer.16
(2) "Department" means the department of labor and industries.17
(3) "Eligible grocery worker" means any individual whose primary 18
place of employment is at the grocery establishment subject to a 19
change in control, and who has worked for the incumbent grocery 20
employer for at least six months prior to the execution of the 21
H-0956.1
HOUSE BILL 1739
State of Washington 69th Legislature 2025 Regular Session
By Representatives Fosse, Thomas, Simmons, Obras, Reed, Ormsby,
Parshley, Hill, Pollet, and Ramel
Read first time 01/30/25. Referred to Committee on Labor & Workplace
Standards.
p. 1 HB 1739
transfer document. "Eligible grocery worker" does not include a 1
managerial, supervisory, or confidential employee. 2
(((3))) (4) "Employment commencement date" means the date on 3
which an eligible grocery worker retained by the successor grocery 4
employer pursuant to this chapter commences work for the successor 5
grocery employer in exchange for benefits and compensation under the 6
terms and conditions established by the successor grocery employer 7
and as required by law. 8
(((4))) (5)(a) "Grocery establishment" means a retail store in 9
this state that is over 15,000 square feet in size and that sells 10
primarily household foodstuffs for off-site consumption, including 11
the sale of fresh produce, meats, poultry, fish, deli products, dairy 12
products, canned foods, dry foods, beverages, baked foods, or 13
prepared foods. Other household supplies or other products must be 14
secondary to the primary purpose of food sales. 15
(b) A distribution center owned and operated by a grocery 16
establishment and used primarily to distribute goods to or from its 17
owned stores is considered a grocery establishment, regardless of its 18
square footage. 19
(c) A grocery establishment does not include a retail store that 20
has ceased operations for 12 months or more. 21
(((5))) (6) "Incumbent grocery employer" means the person that 22
owns, controls, or operates the grocery establishment at the time of 23
the change in control. 24
(((6))) (7) "Job classification" means a system for categorizing 25
certain duties into certain jobs. 26
(((7))) (8) "Manual checkout station" means a station that is not 27
a self-service checkout station and at which an employee provides 28
human assistance to customers with scanning, bagging, or accepting 29
payment for the customer's purchases.30
(9) "Person" means an individual, corporation, partnership, 31
limited partnership, limited liability partnership, limited liability 32
company, business trust, estate, trust, association, joint venture, 33
agency, instrumentality, or any other legal or commercial entity, 34
whether domestic or foreign. 35
(((8))) (10) "Self-service checkout" means an automated process 36
that enables customers to scan, bag, and pay for their purchases 37
without human assistance.38
(11) "Self-service checkout station" means a station at which a 39
customer can engage in a self-service checkout.40
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(12) "Successor grocery employer" means the person that owns, 1
controls, or operates the grocery establishment after the change in 2
control. A successor grocery employer may be the same entity as an 3
incumbent employer when a change in control occurs, but the covered 4
employer remains the same. "Successor grocery employer" does not 5
include any person that owns or controls 25 or fewer grocery 6
establishments in the state. A successor grocery employer does not 7
include an establishment operated by a franchisee pursuant to a 8
franchise agreement if the franchisee operates 25 or fewer grocery 9
establishments in the state. 10
(((9))) (13) "Transfer document" means the purchase agreement or 11
other document effecting the change in control. 12
NEW SECTION. Sec. 2. A new section is added to chapter 49.85 13
RCW to read as follows: 14
(1) A grocery establishment may not provide a self-service 15
checkout option for customers unless all of the following conditions 16
are met: 17
(a) At least one manual checkout station staffed by an employee 18
is available to any given customer at the time that a self-service 19
checkout option is made available to the customer, thereby giving the 20
customer a choice between self-service checkout or manual checkout;21
(b) The grocery establishment has a workplace policy that limits 22
the number of items a customer may purchase at a self-service 23
checkout station to no more than 15 items, and there is signage in 24
the area of the self-service checkout station indicating the 25
permissible number of items; and 26
(c) No more than two self-service checkout stations are 27
simultaneously monitored by any one employee, and any such employee 28
is relieved from all other duties while monitoring the self-service 29
checkout stations, including relief from operating a manual checkout 30
station. 31
(2) A grocery establishment that offers self-service checkout 32
shall include self-service checkout in its analysis of potential work 33
hazards for purposes of any accident prevention programs required by 34
law. 35
(3) Subsections (1) and (2) of this section do not apply to 36
discount warehouse or retail stores where more than one-half of the 37
items carried by the discount warehouse or retail store are sold in 38
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large quantities or in bulk and the discount warehouse or retail 1
store requires customers to pay a membership or assessment fee.2
(4)(a) Upon the filing of a complaint by an employee, the 3
department shall investigate and enforce this section, including 4
ordering appropriate relief. 5
(b) An employer who violates this section is subject to a civil 6
penalty of $100 for each day in violation, not to exceed an aggregate 7
penalty of $10,000. Civil penalties imposed under this section must 8
be paid to the director of the department for deposit in the 9
supplemental pension fund established by RCW 51.44.033. Civil 10
penalties may be recovered in a civil action in the name of the 11
department brought in the superior court of the county where the 12
violation is alleged to have occurred, or the department may utilize 13
the procedures for collection of civil penalties as set forth in RCW 14
51.48.120 through 51.48.150. 15
(c) In addition to other remedies as may be provided by state 16
law, the attorney general's office may also institute an action for a 17
violation of this section, including an action seeking injunctive 18
relief. 19
Sec. 3. RCW 49.85.045 and 2024 c 129 s 8 are each amended to 20
read as follows: 21
(1) An aggrieved employee or an employee representative, such as 22
a collective bargaining representative or nonprofit corporation, may 23
bring an action in the superior court of the state of Washington for 24
violations of ((this chapter )) RCW 49.85.020 through 49.85.065 and 25
49.85.900 and may be awarded the following: 26
(a) Hiring and reinstatement rights pursuant to this chapter. For 27
violations of the retention provision, the 180-day transition 28
employment period does not commence until the eligible grocery 29
worker's employment commencement date with the successor grocery 30
employer; 31
(b) Front pay or back pay for each day during which the violation 32
continues; 33
(c) The value of the benefits the employee would have received 34
under any benefit plans; 35
(d) Reasonable attorneys' fees and costs to any employee or 36
employee representative who prevails in an enforcement action.37
(2) Before an employee or an employee representative brings an 38
action in the superior court of the state of Washington for a 39
p. 4 HB 1739
violation of ((this chapter )) RCW 49.85.020 through 49.85.065 and 1
49.85.900, both of the following requirements must be met:2
(a) The employee has provided written notice to the employer of 3
the provisions of this chapter alleged to have been violated and the 4
facts to support the alleged violation; and 5
(b) The employer has not cured the alleged violation within 30 6
calendar days from receipt of the written notice. 7
Sec. 4. RCW 49.85.050 and 2024 c 129 s 9 are each amended to 8
read as follows: 9
((This chapter does )) RCW 49.85.020 through 49.85.065 and 10
49.85.900 do not apply to grocery establishments that will be located 11
in geographic areas designated by the United States department of 12
agriculture as food deserts, based on the original food desert 13
measure contained in the Food Access Research Atlas, provided that 14
both of the following apply: 15
(1) More than six years have elapsed since the most recent 16
grocery establishment was located in the area designated as a food 17
desert; and 18
(2) The grocery establishment stocks and, during normal business 19
hours, sells fresh fruit and vegetables in amounts and of a quality 20
that is comparable to what the establishment sells in its three 21
geographically closest stores, which are located outside of the food 22
desert. 23
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