Introduced by Sen. John McCoy (Tulalip) (D) on January 28, 2013
Creates the Employee Fair Classification Act to clarify employer-employee relationships, and to prevent misclassification of a contract employee. This act sets out definitions and criteria for employee classifications. This act prohibits the discharge, threat, penalizing, discriminating or retaliating against an employee under certain circumstances. This act creates oversight by the Employment Security Department and provides for procedures and remedies for employees. This act also creates penalties for employers in violation of the act. (See also SB 5526). Official Text and Analysis.
Referred to the House Labor & Workforce Development Committee on January 28, 2013
Substitute offered in the House on February 7, 2013
Modifies the element of the independent contractor test related to the right
to control. It deletes from the test that an individual is an employee if the control is exercised
"directly or indirectly" and that the control need not extend to all the details of the physical
performances of services for an individual to be an employee.
Referred to the House Finance Committee on February 8, 2013
Substitute offered in the House on February 28, 2013
Excludes from the definition of "employee" in the Employee Fair
Classification Act: (1) an outside salesperson paid solely on commissions, as defined by the
Department of Labor & Industries; and (2) an individual employed on a casual and sporadic
basis. It also eliminates references to "remuneration" in the definition of "employee" and the
independent contractor test. It provides that a wage lien is subordinate to a tax lien that the
Department of Revenue is authorized or required to collect and that originates before a wage
lien. It also makes a technical correction by adding "and" between the last two elements of
the independent contractor test.
Referred to the House Rules Committee on March 1, 2013