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HB2191 • 2026
Concerning workers' wages and benefits in the construction industry.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Construction worker wages
These notes stay tied to the official amendment files and metadata from the legislature.
1581 • Couture
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH COUT TANG 217 1 - Official Print By Representative Couture EFFECT: Allows an agreement to contain provisions to indemnify an owner or direct contractor when the contractor did not have direct control over the payroll practices of the subcontractor.
1582 • Couture
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH COUT TANG 218 1 - Official Print By Representative Couture EFFECT: Provides that liability does not apply to a contractor that either uses a certified payroll compliance program or that conducts state-approved payroll audits.
1584 • Abbarno
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH ABBA MORI 311 1 - Official Print By Representative Abbarno EFFECT: Removes officers, directors, managing members, managers, and other individuals exercising substantial discretionary control from the definitions of "direct contractor," "owner," and "subcontractor." 2191-S AMH ABBA MORI 311 SHB 2191 - H AMD 1584 NOT CONSIDERED 03/12/2026 On page 2, line 18, after "(4)" strike "(a)" On page 2, beginning on line 22, strike all of subsection (b) On page 3, beginning on line 11, after "(b)" strike all material through "(c)" on line 15 On page 3, line 24, after "(9)" strike "(a)" On page 3, beginning on line 30, strike all of subsection (b) --- END
1585 • Abell
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH ABEL MORI 310 1 - Official Print By Representative Abell EFFECT: Allows penalties and double damages to be awarded only if the failure to pay wages was willful, instead of regardless of whether the failure to pay wages was willful.
1586 • Manjarrez
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH MANJ RYAL 034 1 - Official Print By Representative Manjarrez EFFECT: Removes fringe benefit contributions, compensation for missed meal and rest periods, reimbursements, penalties, and damages as recoverable in an action brought under the bill, thereby limiting the action to recovery of unpaid wages.
1587 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH SCHM RYAL 035 1 - Official Print By Representative Schmidt EFFECT: Includes local and state government entities in the definition of "owner," establishing liability for these entities when a direct contractor or subcontractor fails to pay wages.
1588 • Dufault
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH DUFA TANG 221 1 - Official Print By Representative Dufault EFFECT: Removes the requirement for a subcontractor, upon the owner's or direct contractor's request, to provide: (1) the name, address, and phone number of a contact for the subcontractor; (2) the names of all workers who performed work on the project and whether each worker is classified as an employee or independent contractor; (3) the names of any subcontractors with whom the first- tier subcontractor contracts; (4) the anticipated contract start date and duration of the work; and (5) affidavits attesting to whether the subcontractor has been the subject of any proceedings, citations, settlements, or investigations regarding wage violations, along with the outcomes or current status of those proceedings.
1589 • Couture
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH COUT TANG 219 1 - Official Print By Representative Couture EFFECT: Excludes from the definition of "subcontractor" an entity that has received a Small Business Enterprise certification through the state's Office of Minority and Women's Business Enterprises; thus, exempting those subcontractors from the bill.
1590 • McEntire
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH MCEN MORI 313 1 - Official Print By Representative McEntire EFFECT: Limits the extended liability only to wages and benefits that were knowingly unpaid.
1591 • Abell
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH ABEL TANG 220 1 - Official Print By Representative Abell EFFECT: Provides that liability does not apply when the unrepresented employee is working under a contract that provides for final binding arbitration for unpaid wages and fringe benefit contributions.
1592 • Dufault
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH DUFA MORI 314 1 - Official Print By Representative Dufault EFFECT: Decreases the statute of limitations for a civil action to recover unpaid wages or benefits from three years to two years.
1593 • Abbarno
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH ABBA RYAL 036 1 - Official Print By Representative Abbarno 2191-S AMH ABBA RYAL 036 SHB 2191 - H AMD 1593 NOT CONSIDERED 03/12/2026 On page 3, beginning on line 19, strike all of subsection (8) Renumber the remaining subsections consecutively and correct any internal references accordingly.
1594 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH WALJ TANG 222 1 - Official Print By Representative Walsh EFFECT: Removes the requirement for a subcontractor, upon the owner's or direct contractor's request, to provide affidavits attesting to whether the subcontractor has been the subject of any proceedings, citations, settlements, or investigations regarding wage violations, along with the outcomes or current status of those proceedings.
1595 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH SCHM MORI 312 1 - Official Print By Representative Schmidt EFFECT: Requires a person to give upper-tier subcontractors (in addition to owners and direct contractors) 21 days to correct an alleged violation prior to commencing a civil action.
1596 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH SCHM TANG 223 1 - Official Print By Representative Schmidt 2191-S AMH SCHM TANG 223 SHB 2191 - H AMD 1596 NOT CONSIDERED 03/12/2026 Strike everything after the enacting clause and insert the following: "Sec.
1597 • Corry
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH CORR TANG 224 1 - Official Print By Representative Corry EFFECT: Exempts from the bill owners that are financial institutions that acquire property through foreclosure and enter construction contracts for minimal work to maintain or preserve property for purposes of protecting the financial institution's interest.
1710 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH SCHM RYAL 038 1 - Official Print By Representative Schmidt 2191-S AMH SCHM RYAL 038 SHB 2191 - H AMD 1710 NOT CONSIDERED 03/12/2026 On page 6, line 1, after (9) insert "(a) An owner or direct contractor is not liable under this section if the owner or direct contractor establishes, by a preponderance of the evidence, that prior to receiving notice under subsection (4) of this section, the owner or direct contractor: (i) Required each subcontractor to provide certified payroll records on a regular basis during performance of the work; (ii) Obtained from each subcontractor a written certification, under penalty of perjury, that all wages and fringe benefit contributions owed to employees for work performed on the project had been paid in full and in compliance with applicable wage laws; (iii) Did not have actual knowledge of the alleged wage violation; and (iv) Upon receiving notice of the alleged violation, took prompt and reasonable steps to investigate and, if a violation was confirmed, to ensure payment of any wages due within the time period provided under subsection (4) of this section.
1711 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH SCHM TANG 236 1 - Official Print By Representative Schmidt EFFECT: Requires notice of the civil action to be sent to the subcontractor and provides that no civil action may be brought against an owner or director contractor if the subcontractor corrects the alleged violation.
1712 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH SCHM RYAL 039 1 - Official Print By Representative Schmidt EFFECT: Specifies that the notice provided to an owner or direct contractor before filing a civil action must include the following: (1) name of the employer directing employing the employee; (2) project name or location; (3) relevant dates of work; (4) employee's job classification or type of work performed; (5) pay rate; (6) 2191-S AMH SCHM RYAL 039 SHB 2191 - H AMD 1712 NOT CONSIDERED 03/12/2026 On page 4, beginning on line 37, after "violation." strike all material through "action." on page 5, line 2 On page 5, line 3, after "(b)" insert "The notice must include a sworn statement signed under penalty of perjury by the unrepresented employee, or by an authorized third party representative with written authorization, that includes the following information to the best of the signer's knowledge: (i) The name of the employer that directly employed the employee; (ii) The project name or location; (iii) The dates of work giving rise to the claim; (iv) The employee's job classification or type of work performed; (v) The hourly rate or other rate of pay claimed to apply; (vi) The number of hours claimed to be unpaid; and (vii) The total amount of wages and fringe benefit contributions claimed to be unpaid, and a brief description of how that amount was calculated.
1713 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH SCHM TANG 237 1 - Official Print By Representative Schmidt EFFECT: Requires parties to participate in mediation prior to commencing a civil action against an owner, director contractor, or subcontractor, and allows a party to request mediation anytime after the 21-day right to cure period expires.
1714 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH SCHM TANG 235 1 - Official Print By Representative Schmidt EFFECT: Provides that it is an affirmative defense to liability if the owner or direct contractor shows by a preponderance of the evidence that payment was made to the subcontractor.
1715 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH SCHM TANG 238 1 - Official Print By Representative Schmidt EFFECT: Specifies that the unpaid wages, fringe benefit contributions, compensation for missed meal and rest periods, and reimbursements are limited to amounts actually owed, and such amounts must be supported by evidence and not based on speculative or unsupported estimates.
1741 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH SCHM RYAL 040 1 - Official Print By Representative Schmidt EFFECT: Limits an upstream contractor's liability to situations where the upstream contractor had express contractual authority to approve a subcontractor's payrolls or enforce wage payment compliance by a subcontractor.
1742 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH SCHM TANG 240 1 - Official Print By Representative Schmidt EFFECT: Requires an unrepresented employee to exhaust all administrative remedies under the Minimum Wage Act and Wage Payment Act before the employee or authorized third party representative can bring a civil action under the bill for unpaid wages.
1743 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH SCHM RYAL 041 1 - Official Print By Representative Schmidt 2191-S AMH SCHM RYAL 041 SHB 2191 - H AMD 1743 NOT CONSIDERED 03/12/2026 On page 5, beginning on line 10, after "liability" strike ", or to indemnify an owner or direct contractor for liability assigned under this section," On page 5, line 12, after "(6)" insert "An owner or direct contractor may enter into an agreement indemnifying the owner or direct contractor for liability under this section.
1744 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH SCHM RYAL 042 1 - Official Print By Representative Schmidt EFFECT: Provides that an owner or direct contractor is not liable for wages owed to an employee by a subcontractor if the owner or direct contractor required the subcontractor to carry a wage bond, payment bond, employment practice liability insurance, and to provide verification of workers' compensation insurance compliance.
1745 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2191-S AMH SCHM TANG 239 1 - Official Print By Representative Schmidt 2191-S AMH SCHM TANG 239 SHB 2191 - H AMD 1745 NOT CONSIDERED 03/12/2026 On page 8, after line 18, insert the following: "NEW SECTION.
House Rules "X" file.
Construction worker wages
AN ACT Relating to ensuring accountability for payment of 1 workers' wages and benefits in the construction industry; adding a 2 new section to chapter 18.27 RCW; and adding a new chapter to Title 3 49 RCW. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5 NEW SECTION. Sec. 1. (1) The legislature finds that:6 (a) There is a substantial underground economy in the 7 construction industry in the state. 8 (b) Underground economy practices, such as misclassifying 9 employees as independent contractors, cost workers an estimated 10 $142.6 million on average per year in wages and benefits between 2011 11 and 2021, according to a 2023 report by the Washington state 12 institute for public policy. 13 (c) State law establishes protections for employees to ensure 14 they are paid wages fully and on time. However, current law does not 15 include a mechanism for a worker employed by a subcontractor to seek 16 payment of unpaid wages and benefits from upper-tier contractors.17 (2) The legislature intends to create additional mechanisms for 18 workers to seek payment of wages and benefits owed to them when those 19 wages and benefits are illegally withheld. 20 H-2607.1 HOUSE BILL 2191 State of Washington 69th Legislature 2026 Regular Session By Representatives Cortes, Obras, Parshley, Kloba, Callan, Ramel, Mena, Doglio, Simmons, Scott, Peterson, Berry, Fosse, Reed, Salahuddin, Santos, Street, Duerr, Thomas, Stonier, Gregerson, Ormsby, Berg, Goodman, Macri, Hill, and Pollet Prefiled 12/23/25. Read first time 01/12/26. Referred to Committee on Labor & Workplace Standards. p. 1 HB 2191 NEW SECTION. Sec. 2. The definitions in this section apply 1 throughout this chapter unless the context clearly requires 2 otherwise.3 (1) "Construction contract" means an express or implied agreement 4 for the construction, reconstruction, alteration, maintenance, 5 moving, or demolition of any building, structure, or improvement, or 6 relating to the excavation or other development of, or improvement 7 to, land. 8 (2)(a) "Direct contractor" means any person, including a 9 construction manager, joint venture, or any combination thereof, 10 along with the person's successors, that enters into a construction 11 contract with an owner. 12 (b) "Direct contractor" includes any officer, director, managing 13 member, manager, or other individual who exercises substantial 14 discretionary control over the finances, overall management, or 15 employment policies and practices of the entity, regardless of 16 ownership percentage. 17 (3) "Fringe benefit contributions" means the amount of 18 compensation that accompanies or is in addition to an employee's 19 regular salary or wages including, but not limited to, payments made 20 to profit-sharing plans, retirement or pension plans, medical 21 insurance plans, severance pay plans, or holiday, vacation, or sick 22 leave plans, but does not include the benefit payments from such 23 plans. 24 (4)(a) "Owner" means any person, firm, partnership, corporation, 25 association, company, organization, or other entity or combination of 26 any thereof, along with their successors, with an ownership interest, 27 whether that interest or estate is in fee or is less than fee, 28 including as vendee under a contract to purchase or as lessee, that 29 causes: 30 (i) A building, structure, or improvement, new or existing, to be 31 constructed, reconstructed, erected, altered, remodeled, repaired, 32 maintained, moved, or demolished; or 33 (ii) Land to be excavated or otherwise developed or improved.34 (b) "Owner" includes any officer, director, managing member, 35 manager, or other individual who exercises substantial discretionary 36 control over the finances, overall management, or employment policies 37 and practices of the entity, regardless of ownership percentage.38 (c) "Owner" does not include: 39 p. 2 HB 2191 (i) An authorized local government, municipality, state, or state 1 agency as defined in RCW 39.04.010; or 2 (ii) A tribe as defined under RCW 43.376.010. 3 (5) "Reimbursements" means necessary expenditures or losses 4 incurred by an employee in direct consequence of the discharge of 5 their duties, including the cost of tools, equipment, personal 6 protective equipment, or other materials required by the employer or 7 by the nature of the work. 8 (6)(a) "Subcontractor" means any person that is a party to an 9 express or implied contract with a direct contractor, or with a 10 direct contractor's subcontractors at any tier, to perform any 11 portion of work within the scope of the direct contractor's 12 construction contract with the owner, including a person that has no 13 direct privity of contract with the direct contractor.14 (b) "Subcontractor" includes any officer, director, managing 15 member, manager, or other individual who exercises substantial 16 discretionary control over the finances, overall management, or 17 employment policies and practices of the entity, regardless of 18 ownership percentage. 19 NEW SECTION. Sec. 3. (1) An owner that enters into a 20 construction contract with a direct contractor is jointly and 21 severally liable with the direct contractor for any unpaid wages, 22 including fringe benefit contributions, meal and rest periods, 23 reimbursements, and damages, owed to any employee of the direct 24 contractor and any employee of a subcontractor at any tier for labor 25 performed on a project within the scope of the construction contract.26 (2) The employee, a third party on the employee's behalf, the 27 attorney general, or the prosecuting attorney of any county may bring 28 a civil action against an owner, a direct contractor, or a 29 subcontractor in any court of competent jurisdiction to recover 30 unpaid wages, including fringe benefit contributions, meal and rest 31 periods, reimbursements, interest, penalties, double damages, 32 noneconomic damages, attorney fees, expert witness fees, and costs 33 incurred in connection with the action. "Penalties" and "double 34 damages" under this section are mandatory and may be awarded 35 regardless of whether the failure to pay wages was willful.36 (3) A civil action under this section to recover unpaid wages, 37 including fringe benefit contributions, meal and rest periods, 38 reimbursements, and damages, must commence within three years from 39 p. 3 HB 2191 the date on which the unpaid wages, including fringe benefit 1 contributions, meal and rest periods, reimbursements, and damages, 2 became due. 3 (4) The attorney general's powers to enforce this chapter include 4 the authority to: 5 (a) Investigate violations of this chapter on its own initiative;6 (b) Investigate violations of this chapter in response to 7 complaints and seek remedial relief for the complainant;8 (c) Educate the public about how to comply with this chapter;9 (d) Issue written civil investigative demands for pertinent 10 documents, answers to written interrogatories, or oral testimony, as 11 required to enforce this chapter; 12 (e) Adopt rules implementing this chapter including rules 13 specifying applicable penalties; and 14 (f) Pursue administrative sanctions or a lawsuit in the courts 15 for penalties, costs, and attorneys' fees. 16 (5) Except as specified in subsection (10) of this section, any 17 agreement to waive or release an owner or direct contractor from 18 liability, or to indemnify an owner or direct contractor for 19 liability assigned under this section, is invalid.20 (6) An owner or direct contractor may not avoid liability under 21 this section by claiming that a person performing labor on a project 22 within the scope of a construction contract is an independent 23 contractor rather than an employee of a direct contractor or 24 subcontractor, unless the person qualifies as an independent 25 contractor under chapter 49.46 RCW. 26 (7) In any action brought under this section, there is a 27 rebuttable presumption that a person performing labor on a project 28 within the scope of a construction contract is an employee. The party 29 claiming otherwise may rebut the presumption by establishing that the 30 person qualifies as an independent contractor under chapter 49.46 31 RCW. 32 (8) Nothing in this section impairs: 33 (a) The right of an owner or direct contractor to bring an action 34 against a subcontractor to seek recovery of actual and liquidated 35 damages for the amounts paid by the owner or direct contractor for 36 unpaid wages, including fringe benefit contributions, meal and rest 37 periods, reimbursements, interest, double damages, noneconomic 38 damages, attorney fees, expert witness fees, and incurred costs 39 associated with an action brought under this section;40 p. 4 HB 2191 (b) The right of an owner to bring an action against a direct 1 contractor to seek recovery of actual and liquidated damages for the 2 amounts paid by the owner for unpaid wages, including fringe benefit 3 contributions, meal and rest periods, reimbursements, interest, 4 double damages, noneconomic damages, attorney fees, expert witness 5 fees, and incurred costs associated with an action brought under this 6 section. 7 (9) Nothing in this section is intended to diminish the rights, 8 privileges, or remedies of an employee under a collective bargaining 9 agreement. 10 (10)(a) A collective bargaining agreement may waive the 11 requirements of this section if the agreement: 12 (i) Is entered into by a bona fide building and construction 13 trade labor organization that has established itself or its 14 affiliates as the collective bargaining representative for persons 15 performing work on a project; 16 (ii) Contains a grievance procedure that results in a final and 17 binding decision; 18 (iii) May be used to recover unpaid wages on behalf of employees 19 covered by the agreement; and 20 (iv) Provides for the collection of unpaid contributions to 21 fringe benefit trust funds established pursuant to 29 U.S.C. Sec. 186 22 (c)(5) and (6), by or on behalf of such trust funds.23 (b) The waiver does not apply to an action brought on behalf of 24 an employee not covered by such collective bargaining agreement.25 (11) An owner, direct contractor, or subcontractor may not 26 intimidate, threaten, restrain, coerce, blacklist, discharge, or in 27 any manner discriminate or retaliate against any employee who has:28 (a) Filed any complaint or instituted, or caused to be 29 instituted, any proceeding under this section; 30 (b) Testified or provided evidence, or who is about to testify or 31 provide evidence, in any proceeding on behalf of themselves or 32 another person regarding protections afforded under this section; or33 (c) Raised concerns in good faith about compliance with, or 34 otherwise provided information regarding, legal rights and remedies 35 available under this section. 36 (12) Any effort to use a person's immigration status to 37 negatively impact a worker's wage and hour rights, responsibilities, 38 or participation in proceedings under this section constitutes 39 p. 5 HB 2191 intimidation, coercion, discrimination, or retaliation in violation 1 of subsection (11) of this section. 2 (13) Any violation of subsection (11) of this section entitles 3 the employee, a third party acting on the employee's behalf, the 4 attorney general, or the prosecuting attorney of any county to seek 5 reinstatement, back pay, damages, attorney fees, and any other 6 equitable relief deemed appropriate by the court. 7 (14) If a direct contractor or subcontractor is found liable in a 8 final judgment in a court of competent jurisdiction for a violation 9 of this section, the department of labor and industries shall deny, 10 suspend, or revoke the contractor's registration under chapter 18.27 11 RCW. 12 (15) This chapter is in addition to and does not otherwise limit 13 authority under federal, state, or local law. 14 NEW SECTION. Sec. 4. (1) Upon an owner's or direct contractor's 15 request, any subcontractor with whom a direct contractor has entered 16 into a contract to perform a portion of a construction project within 17 the scope of a construction contract between the direct contractor 18 and an owner must provide the following records to the owner or 19 direct contractor:20 (a) Certified payroll reports that, at a minimum, include 21 sufficient information for the direct contractor to determine whether 22 a subcontractor has paid in full all wages earned by employees who 23 performed work on the project as part of the employees' total 24 compensation; 25 (b) The name, address, and phone number of a contact for the 26 subcontractor; 27 (c) The names of all workers who performed work on the 28 construction project and notation of whether each worker is 29 classified as an employee or an independent contractor;30 (d) The names of any subcontractors with whom the first-tier 31 subcontractor contracts; 32 (e) The anticipated contract start date and scheduled duration of 33 work; 34 (f) An affidavit attesting to whether the subcontractor or any of 35 its current principals has, within the preceding five years, been the 36 subject of, or participated in, any civil, administrative, or 37 criminal proceeding, investigation, citation, or settlement, that 38 p. 6 HB 2191 involved any allegations of a wage and hour violation under local, 1 state, or federal law; and 2 (g)(i) If a matter under (f) of this subsection (1) has 3 concluded, the outcome, including any judgment, settlement, damages, 4 fees, penalties, or amounts paid to workers or to a government 5 agency; or 6 (ii) If a matter under (f) of this subsection (1) remains 7 pending, a description of the status of the proceedings or 8 investigation. 9 (2) A subcontractor must provide the records described in 10 subsection (1) of this section to a third party on the employee's 11 behalf only to the extent that the information contained in the 12 records pertains specifically to the employee on whose behalf the 13 third party is acting and to whatever extent that the subcontractor 14 would be lawfully required to disclose such records to the employee 15 if the employee was acting on the employee's own behalf.16 (3) A subcontractor's compliance or failure to comply with a 17 request under this section does not relieve the owner or direct 18 contractor of the liability prescribed by section 3 of this act.19 (4) Nothing in this section alters an owner's or direct 20 contractor's obligation to timely pay a subcontractor, except that an 21 owner and direct contractor may: 22 (a) Withhold payment to a subcontractor because of the 23 subcontractor's failure to comply with the request for records under 24 subsection (1) of this section; and 25 (b) Withhold payment to a subcontractor if the direct contractor 26 has paid wages, on behalf of the subcontractor, to the 27 subcontractor's employees. 28 (5) An owner, direct contractor, or subcontractor may not 29 disclose personally identifying information about a worker who 30 performs work on a construction project except as necessary to comply 31 with section 3 of this act, or as permitted by state or federal law.32 (6) As used in this section, "principal" means a person, 33 including an owner or a direct contractor, that commissions a 34 construction project and that is responsible for the project's scope, 35 standards, and objectives. 36 NEW SECTION. Sec. 5. This chapter does not apply to 37 construction contracts that relate to real property that is used as 38 the owner's principal residence, or to real property consisting of 39 p. 7 HB 2191 five or fewer residential or commercial units on a single tract, as 1 defined in RCW 84.04.130. 2 NEW SECTION. Sec. 6. A new section is added to chapter 18.27 3 RCW to read as follows: 4 If a direct contractor or subcontractor is found liable in a 5 final judgment in a court of competent jurisdiction for a violation 6 of section 3 of this act, the department of labor and industries 7 shall deny, suspend, or revoke the contractor's registration.8 NEW SECTION. Sec. 7. Sections 1 through 5 of this act 9 constitute a new chapter in Title 49 RCW.10 --- END --- p. 8 HB 2191