Unemp ins/strikes & lockouts

AN ACT Relating to unemployment insurance benefits for striking 1
or lockout workers; amending RCW 50.20.090, 50.20.160, and 50.29.021; 2
adding a new section to chapter 50.20 RCW; and creating a new 3
section. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 50.20.090 and 1988 c 83 s 1 are each amended to read 6
as follows: 7
(1) An individual shall be disqualified for benefits for any week 8
with respect to which the commissioner finds that the individual's 9
unemployment is((:10
(a) Due)) due to a strike at the factory, establishment, or other 11
premises at which the individual is or was last employed((; or12
(b) Due to a lockout by his or her employer who is a member of a 13
multiemployer bargaining unit and who has locked out the employees at 14
the factory, establishment, or other premises at which the individual 15
is or was last employed after one member of the multiemployer 16
bargaining unit has been struck by its employees as a result of the 17
multiemployer bargaining process)). 18
(2) Subsection (1) of this section shall not apply if it is shown 19
to the satisfaction of the commissioner that: 20
S-0038.1
SENATE BILL 5041
State of Washington 69th Legislature 2025 Regular Session
By Senators Riccelli, Conway, Hasegawa, Saldaña, Salomon, Stanford,
Dhingra, Nobles, Trudeau, Valdez, Bateman, Lovelett, Cleveland,
Frame, Orwall, Pedersen, Slatter, Wellman, and C. Wilson
Prefiled 12/13/24. Read first time 01/13/25. Referred to Committee
on Labor & Commerce.
p. 1 SB 5041
(a) The individual is not participating in or financing or 1
directly interested in the strike ((or lockout )) that caused the 2
individual's unemployment; and 3
(b) The individual does not belong to a grade or class of workers 4
of which, immediately before the commencement of the strike ((or 5
lockout)), there were members employed at the premises at which the 6
strike ((or lockout )) occurs, any of whom are participating in or 7
financing or directly interested in the strike ((or lockout )): 8
PROVIDED, That if in any case separate branches of work which are 9
commonly conducted as separate businesses in separate premises are 10
conducted in separate departments of the same premises, each such 11
department shall, for the purpose of this ((subdivision)) subsection, 12
be deemed to be a separate factory, establishment, or other premises.13
(3)(a) Any disqualification imposed under this section shall end 14
((when)) on the earlier of:15
(i) The second Sunday following the first date of the strike, 16
provided that the strike is not found to be prohibited by federal or 17
state law in a final judgment. If a final judgment finds that a 18
strike is prohibited by state or federal law, any benefits paid are 19
liable for repayment as set forth in RCW 50.20.190; or20
(ii) The date the strike ((or lockout)) is terminated.21
(b) When the disqualification ends, the individual is subject to 22
the one week waiting period as provided in RCW 50.20.010 and any 23
benefits must be calculated in accordance with this chapter.24
Sec. 2. RCW 50.20.160 and 2003 2nd sp.s. c 4 s 31 are each 25
amended to read as follows: 26
(1) A determination of amount of benefits potentially payable 27
issued pursuant to the provisions of RCW 50.20.120 and 50.20.140 28
shall not serve as a basis for appeal but shall be subject to request 29
by the claimant for reconsideration and/or for redetermination by the 30
commissioner at any time within one year from the date of delivery or 31
mailing of such determination, or any redetermination thereof: 32
PROVIDED, That in the absence of fraud or misrepresentation on the 33
part of the claimant, any benefits paid prior to the date of any 34
redetermination which reduces the amount of benefits payable shall 35
not be subject to recovery under the provisions of RCW 50.20.190. A 36
denial of a request to reconsider or a redetermination shall be 37
furnished the claimant in writing and provide the basis for appeal 38
under the provisions of RCW 50.32.020. 39
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(2) A determination of denial of benefits issued under the 1
provisions of RCW 50.20.180 shall become final, in absence of timely 2
appeal therefrom: PROVIDED, That the commissioner may reconsider and 3
redetermine such determinations at any time within one year from 4
delivery or mailing to correct an error in identity, omission of 5
fact, or misapplication of law with respect to the facts.6
(3) A determination of allowance of benefits shall become final, 7
in absence of a timely appeal therefrom: PROVIDED, That the 8
commissioner may redetermine such allowance at any time within two 9
years following the benefit year in which such allowance was made in 10
order to recover any benefits improperly paid and for which recovery 11
is provided under the provisions of RCW 50.20.190: AND PROVIDED 12
FURTHER, That in the absence of fraud, misrepresentation, or 13
nondisclosure, this provision or the provisions of RCW 50.20.190 14
shall not be construed so as to permit redetermination or recovery of 15
an allowance of benefits which having been made after consideration 16
of the provisions of RCW 50.20.010(1)(c), or the provisions of RCW 17
50.20.050, 50.20.060, or 50.20.080((, or 50.20.090)) has become 18
final. 19
(4) A redetermination may be made at any time: (a) To conform to 20
a final court decision applicable to either an initial determination 21
or a determination of denial or allowance of benefits; (b) in the 22
event of a back pay award or settlement affecting the allowance of 23
benefits; or (c) in the case of fraud, misrepresentation, or willful 24
nondisclosure. Written notice of any such redetermination shall be 25
promptly given by mail or delivered to such interested parties as 26
were notified of the initial determination or determination of denial 27
or allowance of benefits and any new interested party or parties who, 28
pursuant to such regulation as the commissioner may prescribe, would 29
be an interested party. 30
Sec. 3. RCW 50.29.021 and 2024 c 51 s 1 are each amended to read 31
as follows: 32
(1)(a) An experience rating account shall be established and 33
maintained for each employer, except employers as described in RCW 34
50.44.010, 50.44.030, and 50.50.030 who have properly elected to make 35
payments in lieu of contributions, taxable local government employers 36
as described in RCW 50.44.035, and those employers who are required 37
to make payments in lieu of contributions, based on existing records 38
of the employment security department. 39
p. 3 SB 5041
(b) Benefits paid to an eligible individual shall be charged to 1
the experience rating accounts of each of such individual's employers 2
during the individual's base year in the same ratio that the wages 3
paid by each employer to the individual during the base year bear to 4
the wages paid by all employers to that individual during that base 5
year, except as otherwise provided in this section.6
(c) When the eligible individual's separating employer is a 7
covered contribution paying base year employer, benefits paid to the 8
eligible individual shall be charged to the experience rating account 9
of only the individual's separating employer if: 10
(i) The individual qualifies for benefits under RCW 50.20.050 11
(1)(b)(i) or (2)(b)(i), as applicable, and became unemployed after 12
having worked and earned wages in the bona fide work;13
(ii) The individual qualifies for benefits under RCW 50.20.050 14
(1)(b) (v) through (x) or (2)(b) (v) through (x); ((or))15
(iii) During a public health emergency, the claimant worked at a 16
health care facility as defined in RCW 9A.50.010, was directly 17
involved in the delivery of health services, and was terminated from 18
work due to entering quarantine because of exposure to or contracting 19
the disease that is the subject of the declaration of the public 20
health emergency; or21
(iv) The individual's unemployment is due to a strike at the 22
separating employer's factory, establishment, or other premises at 23
which the individual is or was last employed. 24
(2) The legislature finds that certain benefit payments, in whole 25
or in part, should not be charged to the experience rating accounts 26
of employers except those employers described in RCW 50.44.010, 27
50.44.030, and 50.50.030 who have properly elected to make payments 28
in lieu of contributions, taxable local government employers 29
described in RCW 50.44.035, and those employers who are required to 30
make payments in lieu of contributions, as follows in (a) through (i) 31
of this subsection. The department may not require an employer to 32
submit a request in order for these benefits to not be charged.33
(a) Benefits paid to any individual later determined to be 34
ineligible for those benefits or disqualified to receive those 35
benefits shall not be charged to the experience rating account of any 36
contribution paying employer, except: 37
(i) As provided in subsection (4) of this section; or38
(ii) As provided in subsection (5) of this section.39
p. 4 SB 5041
(b) Benefits paid to an individual filing under the provisions of 1
chapter 50.06 RCW shall not be charged to the experience rating 2
account of any contribution paying employer only if:3
(i) The individual files under RCW 50.06.020(1) after receiving 4
crime victims' compensation for a disability resulting from a 5
nonwork-related occurrence; or 6
(ii) The individual files under RCW 50.06.020(2).7
(c) Benefits paid which represent the state's share of benefits 8
payable as extended benefits defined under RCW 50.22.010(6) shall not 9
be charged to the experience rating account of any contribution 10
paying employer. 11
(d) In the case of individuals who requalify for benefits under 12
RCW 50.20.050 or 50.20.060, benefits based on wage credits earned 13
prior to the disqualifying separation shall not be charged to the 14
experience rating account of the contribution paying employer from 15
whom that separation took place. 16
(e) If the department determines an individual left the employ of 17
the separating employer under the circumstances described in RCW 18
50.20.050(1)(b) (iv) or (xi), (2)(b)(ii), only for separation that 19
was necessary because the care for a child or a vulnerable adult in 20
the claimant's care is inaccessible, (iv), (xi), (xii), or (xiii), or 21
(3), as applicable, benefits paid to that individual shall not be 22
charged to the experience rating account of any base year 23
contribution paying employer. 24
(f) Upon approval of an individual's training benefits plan 25
submitted in accordance with RCW 50.22.155(2), an individual is 26
considered enrolled in training, and regular benefits beginning with 27
the week of approval shall not be charged to the experience rating 28
account of any contribution paying employer. 29
(g) Training benefits paid to an individual under RCW 50.22.155 30
shall not be charged to the experience rating account of any 31
contribution paying employer. 32
(h)(i) Benefits paid during the one week waiting period when the 33
one week waiting period is fully paid or fully reimbursed by the 34
federal government shall not be charged to the experience rating 35
account of any contribution paying employer. 36
(ii) In the event the one week waiting period is partially paid 37
or partially reimbursed by the federal government, the department 38
may, by rule, elect to not charge, in full or in part, benefits paid 39
p. 5 SB 5041
during the one week waiting period to the experience rating account 1
of any contribution paying employer. 2
(i) Benefits paid for all weeks starting with the week ending 3
March 28, 2020, and ending with the week ending May 30, 2020, shall 4
not be charged to the experience rating account of any contribution 5
paying employer. 6
(3)(a) A contribution paying base year employer, except employers 7
as provided in subsection (5) of this section, not otherwise eligible 8
for relief of charges for benefits under this section, may receive 9
such relief if the benefit charges result from payment to an 10
individual who: 11
(i) Last left the employ of such employer voluntarily for reasons 12
not attributable to the employer. In addition to other circumstances 13
identified by the department by rule, an individual who leaves the 14
employ of such employer under the circumstances described in RCW 15
50.20.050(1)(b) (iv) or (xi), (2)(b) (iv), (xi), or (xii), or (3) 16
must be deemed to have left their employ for reasons not attributable 17
to the employer; 18
(ii) Was discharged for misconduct or gross misconduct connected 19
with his or her work not a result of inability to meet the minimum 20
job requirements; 21
(iii) Is unemployed as a result of closure or severe curtailment 22
of operation at the employer's plant, building, worksite, or other 23
facility. This closure must be for reasons directly attributable to a 24
catastrophic occurrence such as fire, flood, or other natural 25
disaster, or to the presence of any dangerous, contagious, or 26
infectious disease that is the subject of a public health emergency 27
at the employer's plant, building, worksite, or other facility;28
(iv) Continues to be employed by the employer seeking relief and: 29
(A) The employer furnished part-time work to the individual during 30
the base year; (B) the individual has become eligible for benefits 31
because of loss of employment with one or more other employers; and 32
(C) the employer has continued to furnish or make available part-time 33
work to the individual in substantially the same amount as during the 34
individual's base year. This subsection does not apply to shared work 35
employers under chapter 50.60 RCW; 36
(v) Was hired to replace an employee who is a member of the 37
military reserves or National Guard and was called to federal active 38
military service by the president of the United States and is 39
subsequently laid off when that employee is reemployed by their 40
p. 6 SB 5041
employer upon release from active duty within the time provided for 1
reemployment in RCW 73.16.035; 2
(vi) Worked for an employer for 20 weeks or less, and was laid 3
off at the end of temporary employment when that employee temporarily 4
replaced a permanent employee receiving family or medical leave 5
benefits under Title 50A RCW, and the layoff is due to the return of 6
that permanent employee. This subsection (3)(a)(vi) applies to claims 7
with an effective date on or after January 1, 2020; or8
(vii) Was discharged because the individual was unable to satisfy 9
a job prerequisite required by law or administrative rule.10
(b) The employer requesting relief of charges under this 11
subsection must request relief in writing within 30 days following 12
mailing to the last known address of the notification of the valid 13
initial determination of such claim, stating the date and reason for 14
the separation or the circumstances of continued employment. The 15
department may waive this time limitation for good cause. The 16
commissioner, upon investigation of the request, shall determine 17
whether relief should be granted. 18
(4) When a benefit claim becomes invalid due to an amendment or 19
adjustment of a report where the employer failed to report or 20
inaccurately reported hours worked or remuneration paid, or both, all 21
benefits paid will be charged to the experience rating account of the 22
contribution paying employer or employers that originally filed the 23
incomplete or inaccurate report or reports. An employer who 24
reimburses the trust fund for benefits paid to workers and who fails 25
to report or inaccurately reported hours worked or remuneration paid, 26
or both, shall reimburse the trust fund for all benefits paid that 27
are based on the originally filed incomplete or inaccurate report or 28
reports. 29
(5) An employer's experience rating account may not be relieved 30
of charges for a benefit payment and an employer who reimburses the 31
trust fund for benefit payments may not be credited for a benefit 32
payment if a benefit payment was made because the employer or 33
employer's agent failed to respond timely or adequately to a written 34
request of the department for information relating to the claim or 35
claims without establishing good cause for the failure and the 36
employer or employer's agent has a pattern of such failures. The 37
commissioner has the authority to determine whether the employer has 38
good cause under this subsection. 39
p. 7 SB 5041
(a) For the purposes of this subsection, "adequately" means 1
providing accurate information of sufficient quantity and quality 2
that would allow a reasonable person to determine whether an 3
individual is eligible for or qualified to receive benefits.4
(b)(i) For the purposes of this subsection, "pattern" means a 5
benefit payment was made because the employer or employer's agent 6
failed to respond timely or adequately to a written request of the 7
department for information relating to a claim or claims without 8
establishing good cause for the failure, if the greater of the 9
following calculations for an employer is met: 10
(A) At least three times in the previous two years; or11
(B) Twenty percent of the total current claims against the 12
employer. 13
(ii) If an employer's agent is utilized, a pattern is established 14
based on each individual client employer that the employer's agent 15
represents. 16
NEW SECTION. Sec. 4. A new section is added to chapter 50.20 17
RCW to read as follows: 18
If an individual receives benefits under this title while being 19
unemployed due to a strike at the separating employer's factory, 20
establishment, or other premises and the individual subsequently 21
receives retroactive wages from the separating employer for any week 22
for which he or she received benefits under this title, the 23
department shall issue an overpayment assessment to recover the 24
corresponding benefits as provided under RCW 50.20.190.25
NEW SECTION. Sec. 5. If any part of this act is found to be in 26
conflict with federal requirements that are a prescribed condition to 27
the allocation of federal funds to the state or the eligibility of 28
employers in this state for federal unemployment tax credits, the 29
conflicting part of this act is inoperative solely to the extent of 30
the conflict, and the finding or determination does not affect the 31
operation of the remainder of this act. Rules adopted under this act 32
must meet federal requirements that are a necessary condition to the 33
receipt of federal funds by the state or the granting of federal 34
unemployment tax credits to employers in this state.35
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