Ensuring employer compliance

Most employers are subject to anti-discrimination laws like Title VII of the Civil Rights Act governed by the Equal Employment Opportunity Commission (federal) and the Washington State Law Against Discrimination governed by the Human Rights Commission (state). In Washington, under L&I, workers are also entitled to protection against safety and health, wage and hour, and some other types of workplace discrimination.

In 2018, the Washington State Legislature passed Senate Bill 6471, which required the Human Rights Commission to develop procedures, best practices, and a model sexual harassment policy.

While Washington is an at-will employment state, employers cannot fire or retaliate against an employee who exercises a protected right or files a compliant under certain employment laws. State law gives employees protection in the following areas: Minimum Wage Act, injured worker’s claims, safety complaints, discrimination in the workplace, protected leave, and Equal Pay and Opportunities Act.

For more information:

• Review the Human Rights Commission webpage on the Washington State Law Against Discrimination
• Review the Human Rights Commission webpage on Sex/Pregnancy in Employment for materials to assist in creating a workplace free from sexual harassment
• Review L&I’s webpage on Safety and Health Discrimination
• Review L&I’s webpage on Termination & Retaliation

Under Washington law, workers have a right to take rest breaks and meal breaks. For every four hours worked, workers must be allowed a paid rest period (free from duties) of at least 10 minutes. When workers work more than five hours in a shift, they must be allowed a meal period of at least 30 minutes that starts between the second and fifth hour of the shift. Workers can waive their meal break requirement – only if both the worker and employer agree. Workers cannot waive rest break requirements. All workers must receive “reasonable access” to bathrooms and toilet facilities.

For more information:

• Review L&I’s webpage on Rest Breaks, Meal Periods & Schedules
• Review the Fair Labor Standards Act Break Time for Nursing Mothers

Workers must be paid for all work performed and be paid an agreed-upon wage on a regular, scheduled payday (at least once per month). Workers can receive pay by check, cash, direct deposit, or even pre-paid payroll or debit cards, as long as there is no cost to the worker to access their wages. If a worker quits or is fired, the organization must provide their final paycheck on or before the next regularly scheduled payday.

An employer can only deduct money from a paycheck under certain conditions, and the rules vary for deductions from a final paycheck and deductions during on-going employment. There are mandatory paycheck deductions such as federal income taxes, Medicare, workers’ compensation, etc.

Most employees who work more than 40 hours in a 7-day workweek are entitled to overtime pay. Overtime pay must be at least 1.5 times the employee’s regular hourly rate. See below for more information on Washington Overtime Rules.

For more information:

• Review L&I’s webpages on Getting Paid and Overtime
  Review L&I’s webpage on Payroll & Personnel Records

Workers have rights under the law that allow them to take time away from work that is safe from retaliation or discrimination from the employer – this is known as protected leave. Under protected leave, workers have the right to return to the same job and employment terms held before the leave. An employer cannot fire or otherwise retaliate against a worker for filing a complaint about possible violations for their protected leave rights.

For more information:

• Review L&I’s webpage on Protected Leave Complaints for a list of protected leaves allowed by the State of Washington
• Check out the Workers in Nonprofits – Leave Reference Guide for an overview of leave laws, what the laws mean, what agencies enforce each law, and based on the organization who is covered.

Washington State safety and health law requires all employers to create a written Accident Prevention Program. For any workplace that has eight or more employees, you must have a Safety Bulletin Board. Also, employers must have a safety committee or safety meetings, depending on the size of the organization. There are also provisions for first aid and fire extinguishers including training.

For more information:

• Review the L&I Safety and Health Rules by specific chapter
• Review the Nonprofit Association of Washington Safety & Health in Nonprofits toolkit