Chapter 49.28 RCW

HOURS OF LABOR

Sections

49.28.010Eight hour day, 1899 actPublic works contractsEmergency overtimePenalty.
49.28.040Eight hour day, 1903 actPolicy enunciated.
49.28.050Eight hour day, 1903 actContracts, cancellation of, for violations.
49.28.060Eight hour day, 1903 actStipulation in contractsDuty of officers.
49.28.065Public works employeesAgreements to work ten hour day.
49.28.080Hours of domestic employeesExceptionPenalty.
49.28.100Hours of operators of power equipment in waterfront operationsPenalty.
49.28.130Hours of health care facility employeesDefinitions.
49.28.140Hours of health care facility employeesMandatory overtime prohibitedExceptions.
49.28.150Hours of health care facility employeesPenalties.

NOTES:

Child labor: RCW 26.28.060, 26.28.070.
Hours of labor for public institutions personnel: RCW 72.01.042, 72.01.043.
Prevailing wages must be paid on public works: RCW 39.12.020.


Eight hour day, 1899 actPublic works contractsEmergency overtimePenalty.

(1) Hereafter eight hours in any calendar day shall constitute a day's work on any work done for the state or any county or municipality within the state, subject to conditions hereinafter provided.
(2) All work done by contract or subcontract on any building or improvements or works on roads, bridges, streets, alleys, or buildings for the state or any county or municipality within the state, shall be done under the provisions of this section. In cases of extraordinary emergency such as danger to life or property, the hours for work may be extended, but in such case the rate of pay for time employed in excess of eight hours of each calendar day, shall be one and one-half times the rate of pay allowed for the same amount of time during eight hours' service. And for this purpose this section is made a part of all contracts, subcontracts, or agreements for work done for the state or any county or municipality within the state.
(3) Any contractor, subcontractor, or agent of contractor or subcontractor, foreman, or employer who violates this section is guilty of a misdemeanor and shall be fined a sum not less than twenty-five dollars nor more than two hundred dollars, or imprisoned in the county jail for a period of not less than ten days nor more than ninety days, or both such fine and imprisonment, at the discretion of the court.

NOTES:

IntentEffective date2003 c 53: See notes following RCW 2.48.180.



Eight hour day, 1903 actPolicy enunciated.

That it is a part of the public policy of the state of Washington that all work "by contract or day labor done" for it, or any political subdivision created by its laws, shall be performed in workdays of not more than eight hours each, except in cases of extraordinary emergency. No case of extraordinary emergency shall be construed to exist in any case where other labor can be found to take the place of labor which has already been employed for eight hours in any calendar day.
[ 1903 c 44 § 1; RRS § 7645.]



Eight hour day, 1903 actContracts, cancellation of, for violations.

All contracts for work for the state of Washington, or any political subdivision created by its laws, shall provide that they may be canceled by the officers or agents authorized to contract for or supervise the execution of such work, in case such work is not performed in accordance with the policy of the state relating to such work.
[ 1903 c 44 § 2; RRS § 7646.]



Eight hour day, 1903 actStipulation in contractsDuty of officers.

It is made the duty of all officers or agents authorized to contract for work to be done in behalf of the state of Washington, or any political subdivision created under its laws, to stipulate in all contracts as provided for in RCW 49.28.040 through 49.28.060, and all such officers and agents, and all officers and agents entrusted with the supervision of work performed under such contracts, are authorized, and it is made their duty, to declare any contract canceled, the execution of which is not in accordance with the public policy of this state as herein declared.
[ 1903 c 44 § 3; RRS § 7647.]



Public works employeesAgreements to work ten hour day.

Notwithstanding the provisions of RCW 49.28.010 through 49.28.060, a contractor or subcontractor in any public works contract subject to those provisions may enter into an agreement with his or her employees in which the employees work up to ten hours in a calendar day. No such agreement may provide that the employees work ten-hour days for more than four calendar days a week. Any such agreement is subject to approval by the employees. The overtime provisions of *RCW 49.28.020 shall not apply to the hours, up to forty hours per week, worked pursuant to agreements entered into under this section.

NOTES:

*Reviser's note: RCW 49.28.020 was repealed by 2003 c 53 § 421, effective July 1, 2003.



Hours of domestic employeesExceptionPenalty.

(1) No male or female household or domestic employee shall be employed by any person for a longer period than sixty hours in any one week. Employed time shall include minutes or hours when the employee has to remain subject to the call of the employer and when the employee is not free to follow his or her inclinations.
(2) In cases of emergency such employee may be employed for a longer period than sixty hours.
(3) Any employer violating this section is guilty of a misdemeanor.
[ 2003 c 53 § 275; 1937 c 129 § 1; RRS § 7651-1. FORMER PARTS OF SECTION: (i) 1937 c 129 § 2; RRS § 7651-2, now codified as RCW 49.28.082. (ii) 1937 c 129 § 4; RRS § 7651-4, now codified as RCW 49.28.084.]

NOTES:

IntentEffective date2003 c 53: See notes following RCW 2.48.180.
Severability1937 c 129: "In the event any part of this act is held invalid such invalidity shall not affect the validity of the remainder of this act." [ 1937 c 129 § 3.] This applies to RCW 49.28.080 through 49.28.084.



Hours of operators of power equipment in waterfront operationsPenalty.

(1) It shall be unlawful for any employer to permit any of his or her employees to operate on docks, in warehouses and/or in or on other waterfront properties any power driven mechanical equipment for the purpose of loading cargo on, or unloading cargo from, ships, barges, or other watercraft, or of assisting in such loading or unloading operations, for a period in excess of twelve and one-half hours at any one time without giving such person an interval of eight hours' rest: PROVIDED, HOWEVER, The provisions of this section shall not be applicable in cases of emergency, including fire, violent storms, leaking or sinking ships or services required by the armed forces of the United States.
(2) Any person violating this section is guilty of a misdemeanor.

NOTES:

IntentEffective date2003 c 53: See notes following RCW 2.48.180.



Hours of health care facility employeesDefinitions.

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The definitions in this section apply throughout this section and RCW 49.28.140 and 49.28.150 unless the context clearly requires otherwise.
(1) "Employee" means a licensed practical nurse or a registered nurse licensed under chapter 18.79 RCW employed by a health care facility who is involved in direct patient care activities or clinical services and receives an hourly wage.
(2) "Employer" means an individual, partnership, association, corporation, the state, a political subdivision of the state, or person or group of persons, acting directly or indirectly in the interest of a health care facility.
(3)(a) "Health care facility" means the following facilities, or any part of the facility, including such facilities if owned and operated by a political subdivision or instrumentality of the state, that operate on a twenty-four hours per day, seven days per week basis:
(i) Hospices licensed under chapter 70.127 RCW;
(ii) Hospitals licensed under chapter 70.41 RCW;
(iii) Rural health care facilities as defined in RCW 70.175.020;
(iv) Psychiatric hospitals licensed under chapter 71.12 RCW; or
(v) Facilities owned and operated by the department of corrections or by a governing unit as defined in RCW 70.48.020 in a correctional institution as defined in RCW 9.94.049 that provide health care services to inmates as defined in RCW 72.09.015.
(b) If a nursing home regulated under chapter 18.51 RCW or a home health agency regulated under chapter 70.127 RCW is operating under the license of a health care facility, the nursing home or home health agency is considered part of the health care facility for the purposes of this subsection.
(4) "Overtime" means the hours worked in excess of an agreed upon, predetermined, regularly scheduled shift within a twenty-four hour period not to exceed twelve hours in a twenty-four hour period or eighty hours in a consecutive fourteen-day period.
(5) "On-call time" means time spent by an employee who is not working on the premises of the place of employment but who is compensated for availability or who, as a condition of employment, has agreed to be available to return to the premises of the place of employment on short notice if the need arises.
(6) "Reasonable efforts" means that the employer, to the extent reasonably possible, does all of the following but is unable to obtain staffing coverage:
(a) Seeks individuals to volunteer to work extra time from all available qualified staff who are working;
(b) Contacts qualified employees who have made themselves available to work extra time;
(c) Seeks the use of per diem staff; and
(d) Seeks personnel from a contracted temporary agency when such staffing is permitted by law or an applicable collective bargaining agreement, and when the employer regularly uses a contracted temporary agency.
(7) "Unforeseeable emergent circumstance" means (a) any unforeseen declared national, state, or municipal emergency; (b) when a health care facility disaster plan is activated; or (c) any unforeseen disaster or other catastrophic event which substantially affects or increases the need for health care services.

NOTES:

Finding2002 c 112: "Washington state is experiencing a critical shortage of qualified, competent health care workers. To safeguard the health, efficiency, and general well-being of health care workers and promote patient safety and quality of care, the legislature finds, as a matter of public policy, that required overtime work should be limited with reasonable safeguards in order to ensure that the public will continue to receive safe, quality care." [ 2002 c 112 § 1.]



Hours of health care facility employeesMandatory overtime prohibitedExceptions.

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(1) No employee of a health care facility may be required to work overtime. Attempts to compel or force employees to work overtime are contrary to public policy, and any such requirement contained in a contract, agreement, or understanding is void.
(2) The acceptance by any employee of overtime is strictly voluntary, and the refusal of an employee to accept such overtime work is not grounds for discrimination, dismissal, discharge, or any other penalty, threat of reports for discipline, or employment decision adverse to the employee.
(3) This section does not apply to overtime work that occurs:
(a) Because of any unforeseeable emergent circumstance;
(b) Because of prescheduled on-call time;
(c) When the employer documents that the employer has used reasonable efforts to obtain staffing. An employer has not used reasonable efforts if overtime work is used to fill vacancies resulting from chronic staff shortages; or
(d) When an employee is required to work overtime to complete a patient care procedure already in progress where the absence of the employee could have an adverse effect on the patient.

NOTES:

Finding2002 c 112: See note following RCW 49.28.130.



Hours of health care facility employeesPenalties.

The department of labor and industries shall investigate complaints of violations of RCW 49.28.140. A violation of RCW 49.28.140 is a class 1 civil infraction in accordance with chapter 7.80 RCW, except that the maximum penalty is one thousand dollars for each infraction up to three infractions. If there are four or more violations of RCW 49.28.140 for a health care facility, the employer is subject to a fine of two thousand five hundred dollars for the fourth violation, and five thousand dollars for each subsequent violation. The department of labor and industries is authorized to issue and enforce civil infractions according to chapter 7.80 RCW.

NOTES:

Finding2002 c 112: See note following RCW 49.28.130.