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Washington State Building Trades Council
Legislative Review 2009
At the conclusion of the first regular 105 day Legislative Session April 26, 2009, the number of Washington’s unemployed workers continues to climb to heights not experienced since the early 1980’s and the state budget faces an $8+ Billion shortfall, both placing tremendous pressure on the 2009 Legislature to provide basic services, attract federal stimulus infrastructure dollars and maintain an adequate emergency reserve without raising taxes on hard pressed citizens less able to support a tax increase. The 2009 Legislative Session accomplished successes for Building Trades Members with unemployment insurance stimulus dollars for 2009, furthered apprenticeship utilization requirements for higher education projects, advanced our cause against Washington’s underground economy in construction, and positioned Washington to be able to increase state and federal investments and development of the green economy that will create construction jobs and new educational opportunities across our state and region. Jobs and a more promising economy are on the horizon as the state prepares to replace the Alaska Way Viaduct with a $4.2 Billion deep bore tunnel project, $341 Million in federal stimulus dollars are allocated for state transportation projects, $133 Million to stimulate school construction and retrofits and a funding structure through tolling authority established to repair the SR 520 floating bridge designed to include mass transit capacity as well.
UNEMPLOYMENT INSURANCE & WORKERS’ COMP LEGISLATION
EHB 1906 (PASSED) was Governor Gregoire’s request legislation she asked Labor and Business to lobby the Legislature to enable her to sign into law temporary assistance for unemployed citizens and provide “pass through” economic stimulus. Labor representatives on the hill did respond to help secure swift passage of the temporary additional $45 to UI recipients for all benefit claims. The bill has an effective date of May 3, 2009 through January 3, 2010. The minimum weekly benefit for this same period will be raised to $155. EHB 1906 broadened the eligibility requirements for the training benefits program for claims filed beginning September 7, 2009 and established reporting requirements for receipt of these benefits. These increases in UI benefits will not be charged to a business’s experience rating. Unemployed workers will receive the temporary extra benefit without negatively impacting employers. EHB 1906 passed the House with 93 yeas, 2 nays, 0 absent and 2 excused. The bill passed the Senate 43-4-0-2.
SSB 5963 (PASSED) Even though Business is not charged, and will be recipients of the temporary stimulus UI dollars spent locally by unemployed workers, only Labor responded to the Governor’s request to get the bill swiftly to her desk for enactment. For our good deed, EHB 1906, a temporary weekly stimulus lasting seven months was tagged as “Labor’s” UI bill. This played into the Business Lobby’s ploy to incorrectly promote SSB 5963, the permanent UI “fix” for conformity, as the Business UI bill. Claiming the conformity bill as their own, Business used this argument to lobby the Legislature and ultimately to convince the Senate not to concur with the House to stave off two original UI requests Building Trades and the Labor Lobby raised to be included in the permanent UI conformity “fix” bill which were: return the multiplier to 4.0 that was maintained fairly for 35 years prior to the 2005 negotiations; and to allow the ESD Commissioner’s discretion on voluntary quits. As the last bill addressed by the Legislature prior to the 12:30 AM Sine Die, the Senate refused to concur with these two valuable House amendments. SSB 5963 was the last bill passed; Labor was crucial in their lobby to save the language in the bill that allows Washington’s unemployed who have exhausted all UI benefits to receive a federal extension. At the end of session the House receded their position, thereby killing the two critical labor amendments.
SHB 1402 (PASSED) limits ex parte contact with medical providers after appeals have been filed under industrial insurance. Restrictions are placed on employers (and their representatives) and L&I with injured workers’ attending and treating medical providers, and on contact by workers with IME providers after receipt of a notice of appeal. Without written authorization, communication must be either in writing, sent simultaneously to all parties with a distinct notice to the provider that any response must be in writing; in person, by telephone, or by video conference with the worker given the opportunity to participate; or by deposition. Detailed information on the effects of SHB 1402 will be available in a workers’ compensation workshop at the next WSBCTC convention. SHB 1402 passed the House with 56 yeas, 41 nays, 0 absent and 1 excused. The bill passed the Senate 29-18-0-2.
APPRENTICESHIP UTILIZATION AND EDUCATION
SSB 5873 (PASSED) provides an increase in apprenticeship opportunities with the addition of new AU requirements to public works contracts on 4-year institutions of higher education. Parallel to the original phase in for public projects administered through General Administration, SSB 5873 will require contracts advertised for bid on or after:
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January 1, 2010 estimated to cost $3 Million or more no less than 10% of the labor hours be performed by apprentices enrolled in a state approved apprenticeship training program;
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January 1, 2011, estimated to cost $2 Million or more no less than 12% of the labor hours be performed by apprentices enrolled in a state approved apprenticeship training program; and
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January 1, 2012, estimated to cost $1 Million or more no less than 15% of the labor hours be performed by apprentices enrolled in a state approved apprenticeship training program.
SSB 5873 increases L&I’s authority to hold contractors accountable for compliance. A contractor determined out of compliance by the WSATC, within a year of the bid, working apprentices out of ratio, without appropriate supervision, or outside their approved work processes could be found ineligible to bid on any project that requires apprenticeship utilization including GA, WSDOT, OSPI and now Higher Education public works projects. A contractor could be barred from bidding on these public works contracts if the contractor is found to have committed two of the aforementioned violations within the past five years. SSB 5873 passed the Senate with 28 yeas, 18 nays, 2 absent, and 1 excused. The bill passed the House 63-34-0-1.
2SHB 1355 (PASSED) establishes the opportunity internship (pre apprenticeship) program for high school students. The Opportunity Internship Program, that includes the definition of pre-apprenticeship, will provide incentives for local organizations to build educational and employment pipelines for low income high school students for high demand occupations in targeted industries. The opportunity internship program offers outreach, internships, pre-apprenticeships, counseling and up to one year of financial aid through the State Need Grant, and the promise of a job interview if the student completes a postsecondary program of study. The program also provides a $2,000 incentive payment to an organization for each Program graduate who completes a postsecondary program of study and obtains and retains employment in a high demand occupation for at least six months. This law will assist JATCs that participate in out reach to schools, running start to the trades, skills centers and individual students with whom their connection to an apprenticeship program may be structured through pre apprenticeship while in high school. 2SHB 1355 passed the House with 65 yeas, 32 nays, 0 absent and 0 excused. The bill passed the Senate 29-18-0-2.
SHB 1328 (PASSED) allows public technical colleges to offer degrees that prepare students to transfer to certain bachelor of applied science degree programs. Passage of SHB 1328 will allow BA degree options for qualified JATC programs, very similar to the AA degree option those JATCs utilize currently. Community colleges offer both technical degrees and academic degrees designed to transfer to baccalaureate institutions. Technical colleges are now able to offer transfer degrees that prepare apprentices and students for professional bachelor's degrees in fields such as construction management. SHB 1328 passed the House and Senate unopposed with five members excused during the Senate vote.
2SSB 5676 (PASSED) removes the limitation that a middle school offering Career and Technical Education receives an enhanced funding allocation only within funds appropriated for the purpose. The CTE program must be in science, technology, engineering, or mathematics (STEM) to qualify for the enhancement. Affiliates who will be working with school districts to promote a pre apprenticeship program should understand this change and approach your local STEMS math and science teachers to incorporate talented pre apprentices and to utilize segments of the Construction Math Tool Kit. 2SSB 5676 passed the Senate with 34 yeas, 14 nays, 0 absent and 1 excused. The bill passed the
House 69-29-0-0.
ADDRESSING UNFAIR BUSINESS PRACTICES IN THE UNDERGROUND ECONOMY IN CONSTRUCTION
Three bills passed recommended by the Underground Economy Task Force to improve state agency enforcement authority when confronting unlawful practices by construction contractors.
SHB 1555 (PASSED) The omnibus bill addresses several elements of the underground economy regarding contractor registration, workers’ compensation education and outreach, liens on public works retainage and unemployment record keeping by establishing that:
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A contractor must have a list of all direct subcontractors and a copy of their certificate of registration available for inspection by L&I;
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A penalty is created for employers who fail to keep and preserve unemployment insurance records. The penalty may not exceed $250 or 200 percent of the quarterly tax for each offense, whichever is greater;
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A city, town, or county may verify that the person is registered and may report violations to L&I before issuing a business license required for registration as a contractor;
L&I will conduct education and outreach to employers o workers’ compensation requirements and premium responsibilities, including independent contractor issues. L&I must work with new employers on an individual basis, and establish mass education campaigns.
The Underground Economy in the Construction Industry Task Force is extended until December 15, 2009. The scope and composition of the Task Force will be expanded to include all underground economy business activities, no longer exclusively focusing on the construction industry. The new Task Force must report to the Legislature by December 1, 2009. SHB 1555 passed the House with 95 yeas, 1 nay, 0 absent and 2 excused. The bill passed the Senate 31-16-0-2.
SSB 5613 (PASSED) allows the Director of L&I to issue a stop work order if an investigation finds that a contractor has failed to pay industrial insurance and does not qualify as a self insurer. If a stop work order is issued, L&I representatives will visit the site to post notice in a conspicuous location, and work must halt. In addition to serving a jobsite order, the Director may also issue a stop work order on an employer, in which case the order is effective on all employer worksites that are out of compliance.
Contractors that violate a stop work order will be fined $1,000 for each day out of compliance. A stop work order remains in effect until the Director:
Releases the order upon finding the employer has come into compliance and paid any premiums, penalties and interest owing under industrial insurance, or
Issues an order of conditional release. Provisions are available for reconsideration of a stop work order and penalties are effective against any successor corporation or business entity that has one or more of the same principals or officers as the employer under the stop work order, and which are engaged in the same or equivalent trade or activity.
The new law also provides a means to pursue contractors that change their company name and UBI number attempting to dodge liability. Stop work orders and penalties are effective against any successor corporation or business entity that has one or more of the same principals or officers as the employer under the stop work order, and which engaged in the same or equivalent trade or activity. SSB 5613 passed the Senate with 31 yeas, 17 nays, 0 absent and 1 excused. The bill passed the House 60-38-0-0.
SSB 5904 (PASSED) addresses the misclassification of workers as independent contractors employed across Washington’s construction industry in an attempt to avoid payment of prevailing wages and UI taxes. A seven part test is established that clarifies whether a worker can be deemed an independent contractor for the purposes of paying prevailing wage. The seven part test is:
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The individual has been and is free from control or direction over the performance of services;
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The service is outside the usual course of business for the contractor for whom the individual performs services;
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The individual is customarily engages in an independently established trade;
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The individual is responsible for filing paperwork with the Internal Revenue Service;
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The individual has an active and valid certificate of registration with the Department of Revenue for the business the individual is conducting;
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The individual maintains separate books and records; and
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The individual has a valid contractor registration or license if the nature of the work requires registration or licensure.
If ALL of the above conditions are true for a worker, then the employer is not required to pay that employee prevailing wages. SSB 5904 passed the Senate with 27 yeas, 15 nays, 0 absent and 7 excused. The bill passed the House 63-34-0-1.
TRANSPORTATION INVESTMENTS
SB 5768 (PASSED) closed debate over the design for the Alaska Way Viaduct replacement project. The existing elevated viaduct running from the Seattle sports stadiums to Aurora Avenue will be replaced with a deep bore tunnel. This $4+ Billion project will provide thousands of Building Trades jobs, pay prevailing wages and a safe, viable community for Seattle’s waterfront. ESSB 5768 passed the Senate with 39 yeas, 9 nays, 0 absent and 1 excused. The bill passed the House 53-43-0-2.
ESHB 1978 (PASSED) Washington had the first state legislation in the nation signed by its Governor granting authority for the allocation of federal stimulus dollars. $341 Million has been allotted to WSDOT for a number of improvement, preservation, and traffic operations projects. Half of the money must be appropriated within 120 days after receiving the funds and the remaining funds must be obligated within one year. Priority projects for these stimulus dollars include Nickel or TPA projects that have otherwise been scheduled or delayed due to funding or other constraints. WSDOT receives federal authority to reallocate funding as necessary to facilitate completion of projects on the list with the highest priority, or to maintain maximum eligibility for federal funding. WSDOT is required to report to the Legislature and OFM on the status and funding of the projects on June 30, August 31, and December 1, 2009. ESHB 1978 passed the House with 67 yeas, 28 nays, 0 absent and 2 excused. The bill passed the Senate 45-4-0-0.
ESHB 2211 (PASSED) authorizes the administration and collection of tolls on the SR 520 corridor. The tolling authority is required to set a schedule of toll rates to maintain travel time, speed and reliability in the corridor and support the issuance of bonds. Dollars gained from tolls along the SR 520 corridor are to be spent on construction of the replacement floating bridge. The tolling policy may be reconsidered if there is a significant impact on nearby facilities; and federal stimulus dollars must be sought to augment state funding if possible. A workgroup consisting of the Governor and Legislators from the districts containing the SR 520 corridor is established for the purpose of developing a finance plan, in conjunction with WSDOT, based on a total cost of $4.5 Billion for all projects along the corridor. Recommendations and design options from the workgroup must be submitted to the Legislature by January 1, 2010. ESHB 2211 passed the House with 52 yeas, 43 nays, 0 absent and 3 excused. The bill passed the Senate 32-16-0-1
JOB CREATION THROUGH INFRASTRUCTURE AND ENVIRONMENTAL INVESTMENTS
HB 1113 (PASSED) The Legislature invested in school construction projects to create jobs and fuel the economy by creating safe, energy efficient school buildings. $133 Million in state general obligation bonds are allotted to the School Construction Assistance Grant Program. Similar federal stimulus dollars are anticipated to be available for all levels of the public educational system to assist states taking the initiative to manage energy retrofits. HB 1113 passed the House and Senate with the support of every Legislator, though two were absent from the Senate vote.
ESHB 2289 (PASSED) expands the Energy Freedom Program to include state efforts to promote, develop and encourage renewable energy, energy efficiency, and innovative energy technology markets in Washington. This law represents many similar bills introduced promoting alternative energy technology. When reviewing applications for energy efficiency improvements, renewable energy improvements, or innovative energy technology, applicants may be awarded grants or loans if the project or program:
Will result in increased access to energy efficiency improvements, renewable energy improvements, or innovative energy technologies;
Demonstrates technical feasibility and assists in moving a project into the marketplace for use by Washington citizens;
Does not require continued state support; or
The federal government has provided funds with a limited time frame for use.
Such legislation will pave the way for an improved energy infrastructure that will create construction jobs and help the economy recover with a focus on renewable energy and green economy considerations. ESHB 2289 passed the House with 92 yeas, 4 nays, 0 absent and 2 excused. The bill passed the Senate 45-0-1-3
E2SSB 5649 (PASSED) creates an energy efficiency assistance program within the extension energy program of Washington State University. Projects financed will pay prevailing wages and require use of apprentices and the hire of individuals from the community where the program is located as well as provide employment opportunities for veterans and members of the National Guard. E2SSB 5649 addresses disbursement of funds from the low-income weatherization assistance account, federal funding for weatherization projects, weatherizing homes occupied by low-income earners, training programs for energy efficiency jobs, farm energy assessments, and unemployed workers enrolled in community and technical colleges. E2SSB 5649 passed the Senate with 30 yeas, 17 nays, 1 absent and 1 excused. The bill passed the House 63-34-0-1.
SHB 2214 (PASSED) enables the funding mechanism for a large consolidated rental car facility at SeaTac, retaining the 500 jobs anticipated for construction. The bill establishes how an airport can earn money from a car rental facility financed by the airport. SHB 2214 passed the House with 94 yeas, 1 nay, 0 absent and 2 excused. The bill passed the Senate 48-0-0-1.
2SHB 1481 (PASSED) directs the Puget Sound Regional Council (PSRC) to seek federal or private funding for the planning of an electric vehicle infrastructure. The future installation of electrical plug in equipment to charge electric automobiles presents a growing opportunity for Building Trades Affiliates in residential and commercial structures across the state. In addition to the study 2SHB 1481 establishes that, by December 31, 2015, the state must, to the extent practicable:
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Install charging outlets in each of the state's fleet parking and maintenance facilities;
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Install charging outlets in all state-operated highway rest stops; and
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Install or lease space for installation of a battery exchange and charging station in appropriate state-operated highway rest stops.
2SHB 1481 passed the House with 65 yeas, 29 nays, 0 absent and 4 excused. The bill passed the Senate 35-14-0-0.
SB 5903 (PASSED) clarifies what constitutes residential, as opposed to commercial, construction for public works contracts. The definition of "residential construction" is construction, alteration, repair, improvement, or maintenance of single family dwellings, duplexes, apartments, condominiums, and other residential structures not to exceed four stories in height, including basement, when used solely as permanent residences. The term "residential construction" does not include the utilities construction (water and sewer lines), or work on streets or other structures. If the hourly minimum rate of wage stated in the contract specifies residential construction rates and is later determined to be commercial, the awarding agency must pay the difference between the residential rate stated and the true commercial rate. The difference must be paid by the awarding agency to the contractor, subcontractor, or other person doing or contracting to do the work. SB 5903 passed the Senate with 46 yeas, 0 nays, 0 absent and 3 excused. The bill passed the House 97-0-0-1.
E2SHB 2227 (PASSED) establishes the Evergreen Jobs Act to create a skilled green jobs work force through targeted use of existing education and training funds and anticipated federal appropriations. E2SHB 2227 was passed in part from the work completed this past interim defined by HB 2815 from the previous session. Building Trades representatives have and will continue to be represented as a major force in the preparation for education and construction of every aspect of green economy construction. Federal and state policies include significant new investments in green industry research and development, green energy production incentives, green energy installation and energy efficiency retrofits.
The Washington Evergreen Jobs Initiative is established to:
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Create 15,000 new green economy jobs by 2020;
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Target 30 percent of these jobs to veterans, National Guard members, and low-income and disadvantaged populations;
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Coordinate state agencies to secure and deploy federal funds in a focused, effective way;
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Prepare the workforce to take full advantage of green economy job opportunities;
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Attract private sector investment for job creation and expansion;
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Make the state a net exporter of green industry products and services;
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Empower green job recruitment and training by local workforce development councils (WDCs) and associate development organizations (ADOs); and
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Capitalize upon existing partnership agreements.
The Workforce Training Board and the Department of Community, Trade and Economic Development will develop plans that direct existing and new workforce training program funding streams to ADOs and WDCs in a coordinated and efficient manner; lead to a credential, certificate or degree in green economy jobs; and, increase capacity for ADOs and WDCs to respond to future priority projects and green job recruitment opportunities. CTED and the Workforce Training Board will work with the Washington State Board of Community and Technical Colleges, the Employment Security Department, Labor and Business to develop a process and criteria for soliciting and evaluating Evergreen Jobs Act Priority Projects. Projects paying prevailing wage and operating with 15 percent apprenticeship utilization will receive priority status when funding is allocated. The Green Industries Jobs Training Account from HB 2815 from last year is renamed the Evergreen Jobs Account. Funds deposited in the Account may include public or private gifts, grants, or endowments. The allowable uses of grant funds distributed on a competitive basis by the State Board for Community and Technical Colleges from the Account are expanded to include coordination of outreach by higher education institutions and WDCs. The Apprenticeship Council must evaluate existing training programs that could lead to jobs performing energy audits and efficiency services, and may prioritize green economy programs, including in forestry. The SBCTC and the WTB are authorized to prioritize workforce training programs that lead to a credential, certificate or degree in green economy jobs. E2SHB 2227 passed the House with 76 yeas, 22 nays, 0 absent and 0 excused. The bill passed the Senate 34-14-0-1.
SHB 1532 (PASSED) creates construction jobs by allowing water-sewer districts to develop and operate systems of water reclamation for furnishing the district with reclaimed water. This authority includes the power to fix rates and charges for all water reclamation services. SHB 1532 passed the House with 92 yeas, 0 nays, 0 absent and 5 excused. The bill passed the Senate 36-9-0-4.
HB 2283 (DID NOT PASS/Work in Progress) would provide tax incentives for eligible data centers located in rural counties and includes prevailing wage and apprenticeship utilization requirements. This legislation suffered due to the state budget crisis, but will remain a priority throughout the 2010 legislative session.
SB 5330 (DID NOT PASS/Work in Progress) represented a step forward as the state addresses the logistics and financing for the Columbia River Crossing project. The bridge project remains in the early planning stages, but has been identified as critical to the transportation infrastructure of Washington and will continue to be pursued over the next few years. Current plans indicate that the bridge will consist of twelve lanes, including public transportation lanes, promising to be a massive project that will generate many construction jobs in the south of the state.
SHB 2334 (DID NOT PASS/Work in Progress) would authorize the State Finance Committee to issue $3 billion in general obligation bonds for the purpose of creating jobs by constructing capital improvements for the safety, health, and energy efficiency of public facilities. The legislation would not displace funding in state capital and operating budgets, but would use funds made available through a referendum to the people. The $3 billion dollar investment would also make available billions of federal dollars matching investment in energy efficiency. The bill will be pursued in 2010.
TRADE-SPECIFIC LEGISLATION
SHB 1055 (PASSED) requires workers to have licenses, certificates, or permits in their possession when performingelectrical, plumbing, or conveyance work. L&I personnel visiting a job site may request to see certification from a worker enabling better detection and enforcement for certification rules. SHB 1055 passed the House with 95 yeas, 0 nays, 0 absent and 2 excused. The bill passed the Senate 33-15-0-1.
SB 5492 (PASSED) allows binding arbitration for commercial nuclear power plant employees. The interest arbitration provisions of the Public Employees' Collective Bargaining Act now apply to operating and maintenance employees working at a commercial nuclear power plant by a joint operating agency. SB 5492 passed the Senate with 33 yeas, 15 nays, 0 absent and 1 excused. The bill passed the House 64-34-0-0.
CAPITAL PROJECTS ADVISORY REVIEW BOARD LEGISLATION
The following two bills were a result of considerable effort by Building Trades representatives working through the Capital Projects Advisory Review Board process of review. Board members were unable to come to a consensus on the bills after extensive debate and, therefore not endorsed by CPARB. Instead CPARB subcommittees continued to work the issues into session in an attempt to reach agreement. Time constraints of session and lobby efforts against the proposals confused the issue and ultimately, after work to advance the bills, Labor’s proposals were put down for this session.
EHB 1836 (DID NOT PASS) dealt with off-site prefabrication for public works projects. On public works projects over $1 Million all contracts for the production of off-site, prefabricated, nonstandard, project-specific items entered into by the contractor or any subcontractor with an out-of-state contractor would contain require the out-of-state contractor to submit a certified list of any off-site, prefabricated, project-specific items produced under the contract outside the state. The list would be submitted to the awarding agency and to L&I within ten days of delivery of the item and would include a general description of the time; the name and address of the contractor, subcontractor, or employer; and the name, address, and federal employer identification number of the contractor, subcontractor, or employer that produced the item. Penalties were established allowing one reporting failure without punishment. The bill made it from the House, but in the final Senate floor action the legislation failed by one vote.
HB 1837 (DID NOT PASS) required listing subcontractors on public works projects as a means to reduce bid shopping. A prime contractor could not substitute a listed subcontractor except under certain conditions. In order to facilitate prosecution of contractors guilty of bid shopping the phrase “in furtherance of bid shopping” was removed from law since legal proceedings charging contractors for bid shopping were finding it nearly impossible to prove the contractor’s intent. The House bill made it to Senate Rules where time ran out before cut off.
ONGOING EFFORTS TO CLARIFY PREVAILING WAGE APPLICATIONS
HB 1992 (DID NOT PASS) was introduced to clarify that prevailing wage requirements should be applied to projects that involve tax incentives, state-supported low interest loans, or where public land or property is sold or leased for less than market value. In these instances, public dollars are being indirectly used to support or finance construction and should therefore pay prevailing wages to support local workers and contractors. HB 1992 did not pass, but will remain a priority as we enter the 2010 legislative session.
Bills Opposed
Offense and defense is required when lobbying either Capitol. The issues listed above are the result of diligence and an aim to create good legislation; either that which we drove or participated in to shape laws that promote opportunity for our Affiliates. The second form of success, and often times most valuable, is developing defensive strategies for legislation promoted by others that is detrimental to Building Trades Members. Below are a few examples of particularly toxic bills that Building Trades lobbyists fought to put down or neutralize. Remember, any bill introduced this session is eligible for consideration next year, along with the onslaught of newly introduced legislation.
None of the following bills passed during the 2009 Legislative Session.
HB 1896 would require the Employment Security Dept. to petition the U.S. Congress for creation of an essential worker visa classification, and to implement an essential worker pilot program. HB 1896 defines an "essential worker" as an alien who is issued a nonimmigrant visa and admitted to the United States to perform seasonal, peak need, or project-related labor for one or more employers.
SSB 5760 the Boards of Regents for the UW and WSU would be granted specific authority for public works projects whenever the revenue source for the projects does not include state appropriated funds. The authority granted allows the universities to award public works projects using a small works roster process for projects with an estimated cost of up to $1 Million, and using the DBB, DB, or GC-CM construction methods for projects with an estimated cost in excess of $1 Million.
HB 2144/SB 5466 seek to circumvent the Brinks decision by redefining the word employ for the calculation of minimum wage. "Employ" and "work" would not mean or include the use of an employer's vehicle for travel by an employee and activities performed by an employee that are incidental to the use of such a vehicle for commuting, when the use of that vehicle for travel is within the normal commuting area for the employer's business or establishment and the use of the employer's vehicle is subject to an agreement on the part of the employer and the employee or representative of the employee.
HB 2176/SB 5463 would limit the liability of employers for failing to pay minimum wages or overtime compensation when the employer acted in “good faith” and in conformity with a rule, policy, or practice of the Department of Labor and Industries.
HB 2236 would establish new, lower calculation parameters for employers’ payment into the unemployment insurance trust fund.
HB 2269 would reform the unemployment insurance system dramatically to serve business interests and disqualify workers from receiving assistance.
SB 5021 would undermine certification and other safety requirements on construction of renewable energy projects.
SB 5243 declares that rules adopted by state agencies are problematic for Washington’s citizens and would seek to undermine rule making authorities beginning with L&I, restricting rule making activity until July 1, 2011.
SB 5462 would reform the workers’ compensation system fundamentally to reduce payments to injured workers.
SB 5465 would direct L&I to develop and maintain a registry system to record workers compensation final settlement agreements in the interest of developing a compromise and release system for Washington.
SB 5844 would increase bid limits for a variety of public entities.
SB 5635 would require WSDOT to initiate a pilot project for evaluation of electronic traffic flagging devices potentially costing flaggers their jobs.
HB 1386/SB 5464 expenditures from the industrial insurance accident and medical aid funds would be made only for purposes related to the payment of benefits or the administration of industrial insurance programs.
HB 1652 would eliminate the requirement that certain ferry vessels be constructed within the boundaries of Washington.
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