Washington Code 49.44.170 – Public employers — Unfair practices — Definitions — Remedies
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(1) It is an unfair practice for any public employer to:
Terms Used In Washington Code 49.44.170
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(a) Misclassify any employee to avoid providing or continuing to provide employment-based benefits; or
(b) Include any other language in a contract with an employee that requires the employee to forgo employment-based benefits.
(2) The definitions in this subsection apply throughout chapter 155, Laws of 2002 unless the context clearly requires otherwise.
(a) “Employee” means a person who is providing services for compensation to an employer, unless the person is free from the employer’s direction and control over the performance of work. This definition shall be interpreted consistent with common law.
(b) “Employment-based benefits” means any benefits to which employees are entitled under state law or employer policies or collective bargaining agreements applicable to the employee’s correct classification.
(c) “Public employer” means: (i) Any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision; and (ii) the state, state institutions, and state agencies. This definition shall be interpreted consistent with common law.
(d) “Misclassify” and “misclassification” means to incorrectly classify or label a long-term public employee as “temporary,” “leased,” “contract,” “seasonal,” “intermittent,” or “part-time,” or to use a similar label that does not objectively describe the employee’s actual work circumstances.
(3) An employee deeming himself or herself harmed in violation of subsection (1) of this section may bring a civil action in a court of competent jurisdiction.
[ 2002 c 155 § 2.]
NOTES:
Construction—Severability—2002 c 155: See notes following RCW 49.44.160.