SB 5065 — Safeguarding the public safety by protecting railroad workers.

(4) The commission shall adopt rules to implement this section.

In adopting rules, the commission shall consider the following:

(a) Alertness, depression, suicide, and any other consequences of irregular, nonscheduled on-call working conditions;

(b) Reputable scientific and academic research pertaining to sleep, rest, circadian rhythms, alertness, as well as associated topics relating to human biological systems;

(c) Other systemic factors including:

(i) Impacts of lengthy anticipatory time periods rail workers are regularly subjected to while awaiting carrier calls to report for duty;

(ii) Operational factors relating to unpredictability of reporting times, including crew notification systems and rail carrier train line-up reporting and monitoring systems;

and (iii) Any other factors that may affect rail worker fatigue and alertness or have a related adverse impact on worker health;

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3 SB 5065 (d) The importance of ensuring fatigue layoffs are reasonable, necessary, and legitimate.

(5) This section applies to class I railroad carriers and any class II or III railroad carriers with operating craft working hours extending beyond sixteen consecutive hours a day more frequently than once per week, exclusive of unusual unforeseen events such as natural disasters or similar emergencies.

NEW SECTION.

Sec.

5.

A railroad carrier must provide data to the commission regarding the number of employee layoffs for injury, illness, and fatigue and the length of each layoff no later than January 31st of each year for the preceding year.

No personally identifying information of employees may be submitted.

NEW SECTION.

Sec.

6.

(1) Upon receipt of a complaint by an employee of a railroad carrier, the commission shall investigate to determine if there has been a violation of sections 3 and 4 of this act.

If the investigation indicates that a violation has occurred, the commission shall issue a notice of infraction.

Appeal from the commission's decision is governed by chapter 34.05 RCW.

(2) If a railroad carrier is found to have committed an infraction under this section, the commission may impose upon the carrier a fine as follows:

(a) For a class I carrier, up to five hundred dollars for the first infraction, up to twenty-five thousand dollars for the second infraction within the preceding three-year time period, and up to one hundred thousand dollars for the third or subsequent infraction within the preceding three-year time period.

(b) For a class II or III carrier, up to one thousand dollars for the first infraction, up to five thousand dollars for the second infraction within the preceding three-year time period, and up to ten thousand dollars for the third or subsequent infraction within the preceding three-year time period.

(3) The commission may also order other remedies such as back pay and reinstatement, and may increase the fines by rule based on changing economic conditions.

NEW SECTION.

Sec.

7.

(1)p. "Child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is:

4 SB 5065 (1) "Child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is:

(2) "Department""Commissioner" means the departmentcommissioner of laborthe andemployment industries.security department.

(3) "Director""Department" means the directoremployment ofsecurity thedepartment. department of labor and industries, or the director's authorized representative.

(5) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity, including any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision, which employs fifty or more employees for each working day during each of twenty or more calendar workweeks in the current or preceding calendar year, and engages in business as a railroad carrier.

10021002(3). (3).

(7) "Family member" means anya child, parent, spouse, or state registered domestic partner of thean following:employee.

(a) A child, including a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status;

(b) A biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child;

(c) A spouse;

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2 ESSB 5065 (d) A registered domestic partner;

(e) A grandparent;

(f) A grandchild;

or (g) A sibling.

or (c) any other person determined by the directorcommissioner to be capable of providing health care services.

(10) "Leave for a family member's serious health condition" means leave as described in section 4(1)(c)9(1)(c) of this act.

(11) "Leave for the birth or placement of a child" means leave as described in section 4(1)9(1) (a) or (b) of this act.

(12) "Leave for the employee's serious health condition" means leave as described in section 4(1)(d)9(1)(d) of this act.

(13) "Operating craft employee" means any employee of a railroad carrier who performs service in an operating craft on a railroad or directs the work of an operating craft employee as a scheduled employee, and includes any other employee of a railroad carrier who performs safety sensitive tasks associated with railroad operations.

(14) "Parent" means a biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.

(15) "Period of incapacity" means an inability to work, attend school, or perform other regular daily activities because of the serious health condition, treatment of that condition or recovery from it, or subsequent treatment in connection with such inpatient care.

(16) "Railroad carrier" means any employer subject to the jurisdiction of the surface transportation board under 49 U.S.C.

Sec.

1301 through 1326, as it exists on the effective date of this section.

"Railroad carrier" includes the officers and agents of the railroad operations regardless of physical location.

(17) "Reduced leave schedule" means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

35 ESSBSB 5065 (18)(13) "Serious"Parent" healthmeans condition"the hasbiological theor sameadoptive meaningparent asof an employee or an individual who stood in RCWloco 50A.05.010.parentis to an employee when the employee was a child.

(19)(14) "Spouse""Period of incapacity" means aan husbandinability to work, attend school, or wife,perform asother regular daily activities because of the caseserious mayhealth be,condition, treatment of that condition or staterecovery registeredfrom domesticit, partner.or subsequent treatment in connection with such inpatient care.

(15) "Railroad carrier" means any employer subject to the jurisdiction of the surface transportation board under 49 U.S.C.

Sec.

701, as it exists on the effective date of this section.

(16) "Reduced leave schedule" means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

(17) "Serious health condition" has the same meaning as in RCW 50A.05.010.

(18) "Spouse" means a husband or wife, as the case may be, or state registered domestic partner.

3.8.

4.9.

(1) Subject to section 1013 of this act, an employee is entitled to a total of 12twelve workweeks of leave during any 12-monthtwelve-month period for one or more of the following:

(2) The entitlement to leave for the birth or placement of a child expires at the end of the 12-monthtwelve-month period beginning on the date of such birth or placement.

(3) In determining the duration of leave time remaining in 52fifty- two consecutive calendar weeks, a railroad carrier may deduct only the actual amount of leave taken by an employee in increments no greater than 24twenty-four hours, and may not deduct more than one calendarp. day for each 24-hour period the employee specifically applied for leave.

6 SB 5065 calendar day for each twenty-four hour period the employee specifically applied for leave.

(a)(i) The employee worked for at least sixtwelve months for the employer with respect to whom leave is requested under this section;

and (ii) The employee worked for at least 504five hundred four hours of service with the employer during the previous 12-monthtwelve-month period;

or (b)(i) The employee has been assigned to and worked on a guaranteed extra call board for at least the 12twelve months immediately preceding the date on which leave will commence and has worked or been paid for:

(A) Not less than 60sixty percent of the applicable total monthly guarantee, or the equivalent, during the 12-monthtwelve-month period;

and p.(B) Not less than five hundred four hours, not counting personal commute time or time spent on vacation leave, sick leave, personal leave, leave of absence, or medical leave, during the twelve-month period, for or by that employer;

4or ESSB(ii) 5065The (B)employee Nothas not been assigned to and worked on a guaranteed extra call board for at least twelve consecutive months preceding, but the employee has worked not less than 504five hundred four hours, not counting personal commute time or time spent on vacation leave, sick leave, personal leave, leave of absence, or medical leave, during the 12-monthpreceding period,twelve months of time that the employee was actively working for or by that employer;employer.

or(5) (ii)An The employee hasis not beenentitled assigned to andleave workedunder onthis asection guaranteedif extrathe callemployee boardis foremployed atby leastan 12employer consecutivewith months preceding, but the employee has worked not less than 504fifty hours,employees. not counting personal commute time or time spent on vacation leave, sick leave, personal leave, or medical leave, during the preceding twelve months of time that the employee was actively working for or by that employer.

5.10.

(1) Employers must allow their employees to take unpaid time off if:

(a) The employee has completed three consecutive months of continuous employment by the railroad carrier prior to the absence;

(b) No consecutive period of authorized absence pursuant to the provisions of this section exceeds 15 days;

(c) The total number of authorized absences the employee has taken pursuant to the provisions of this section is less than 91 days in the current calendar year;

and (d) The absence is authorized pursuant to subsection (2) of this section.

(2) An employee's absence under this section is authorized due to any of the following reasons:

(a) An absence resulting from an employee's mental or physical illness, injury, or health condition;

to accommodate the employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition;

or an employee's need for preventive medical care;

(b) To allow the employee to provide care for a family member with a mental or physical illness, injury, or health condition;

care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition;

or care for a family member who needs preventive medical care;

and (c) When the employee or their spouse or registered domestic partner's place of business has been closed by order of a public official for any health-related reason, or when an employee's child's school or place of care has been closed for such a reason.

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5 ESSB 5065 (3) An employer may permit employees to use any accrued leave, including vacation time or personal leave, while absent pursuant to the provisions of this section.

An employer may not require an employee to use paid leave while absent pursuant to the provisions of this section.

(4) For employee absences under this section exceeding five consecutive days, the employer may, within 10 days of the employee's return to work, request verification that the employee's unpaid absence was for an authorized purpose pursuant to this section.

(a) If verification is requested by an employer, the employer must provide the employee no fewer than 30 days to obtain and provide any requested verification.

An employer's requirements for verification may not result in an unreasonable burden or expense on the employee and may not exceed privacy or verification requirements otherwise established by law.

(b) If an employer requires an employee to provide verification from a health care provider identifying the need for use of their unpaid leave for an authorized purpose pursuant to this section, the employer must not require that the information provided explain the nature of the condition.

If the employer obtains any health information about an employee or an employee's family member, the employer must treat such information in a confidential manner consistent with applicable privacy laws.

(5) Any employee absences pursuant to this section are not subject to any type of carrier availability or attendance policy and are separate from any protected leave under Title 50A RCW and sections 4 and 6 through 10 of this act.

(6) No railroad carrier may dismiss, suspend, lay off, demote, engage in any adverse action against or otherwise discipline an employee because of absences authorized pursuant to the provisions of this section.

NEW SECTION.

Sec.

6.

(1) Employee absences of up to seven days are authorized for bereavement purposes including arranging or attending funeral services, as well as handling matters related to the estate of a deceased family member as defined in section 2 of this act, as well as the following relatives:

Aunts, uncles, nieces, nephews, and cousins;

of either the employee, of their spouse, or of their registered domestic partner.

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6 ESSB 5065 (2) Employee absences for bereavement purposes under this section may be unpaid.

(3) In addition to any paid bereavement leave offered by an employer, an employer may approve an employee's request to use any accrued vacation or personal leave time for bereavement purposes.

(4) Absences for bereavement purposes are not required to be taken over consecutive calendar days and may be split up over time.

However, only seven days of unpaid protected leave for bereavement leave is authorized per decedent pursuant to this section.

(a) Employees may absent themselves for fewer than seven days if they so choose.

(b) Employers may provide additional compensated or unpaid time off to their employees for bereavement purposes.

(5) For absences related to bereavement purposes under this section, employers may require verification for the death of the family member or relative.

NEW SECTION.

Sec.

7.

(b) Leave may be taken intermittently or on a reduced leave schedule when medically necessary for treatment of a serious health condition by or under the supervision of a health care provider, or forp. recovery from treatment or recovery from a serious health condition.

7 SB 5065 for recovery from treatment or recovery from a serious health condition.

p.(c) There is no limit on the size of an increment of leave when an employee takes intermittent leave or leave on a reduced leave schedule.

7However, ESSBan 5065employer (c)may Therelimit isleave noincrements limitto on the sizeshortest period of antime incrementthat ofthe leaveemployer's whenpayroll ansystem employeeuses takesto intermittentaccount leavefor absences or leaveuse onof aleave, reducedprovided leaveit schedule.is one hour or less.

However,(d) anThe employertaking mayof limitleave intermittently or on a reduced leave incrementsschedule tounder this section may not result in a reduction in the shortesttotal periodamount of timeleave thatto which the employer'semployee payrollis systementitled usesunder tosection account9 forof absencesthis oract usebeyond the amount of leave.leave actually taken.

(d) The taking of leave intermittently or on a reduced leave schedule under this section may not result in a reduction in the total amount of leave to which the employee is entitled under section 8 of this act beyond the amount of leave actually taken.

8.11.

(1) Leave granted under section 49 of this act may consist of unpaid leave.

(3)p. Unless otherwise expressly permitted by the employer, leave taken under this chapter must be taken concurrently with any paid leave taken under Title 50A RCW or any leave taken under the federal family and medical leave act of 1993 (Act Feb.

8 SB 5065 (3) Unless otherwise expressly permitted by the employer, leave taken under this chapter must be taken concurrently with any paid leave taken under Title 50A RCW or any leave taken under the federal family and medical leave act of 1993 (Act Feb.

9.12.

(1) If the necessity for leave for the birth or placement of a child is foreseeable based on an expected birth or placement, the employee shall provide the employer with not less than 30thirty days' notice, before the date the leave is to begin, of the employee's intention to take leave for the birth or placement of a child, except that if the date of the birth or placement requires leave to begin in less than 30thirty days, the employee shall provide such notice as is practicable.

p.(2) If the necessity for leave for a family member's serious health condition or the employee's serious health condition is foreseeable based on planned medical treatment, the employee:

8 ESSB 5065 (2) If the necessity for leave for a family member's serious health condition or the employee's serious health condition is foreseeable based on planned medical treatment, the employee:

and (b) Must provide the employer with not less than 30thirty days' notice, before the date the leave is to begin, of the employee's intention to take leave for a family member's serious health condition or the employee's serious health condition, except that if the date of the treatment requires leave to begin in less than 30thirty days, the employee must provide such notice as is practicable.

10.13.

If spouses entitled to leave under this chapter are employed by the same employer, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12twelve workweeks during any 12-monthtwelve-month period, if such leave is taken:

11.14.

(1) An employer may require that a request for leave for a family member's serious health condition or the employee's serious health condition be supported by a certification issued by the health care provider of the employee or ofp. the family member, as appropriate.

9 SB 5065 of the family member, as appropriate.

p.(e) In the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned medical treatment, the dates on which the treatment is expected to be given and the duration of the treatment;

9 ESSB 5065 (e) In the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned medical treatment, the dates on which the treatment is expected to be given and the duration of the treatment;

The second health care provider may not be contracted by a vendorp. or service provider of, or employed on any prior basis by, the employer.

10 SB 5065 vendor or service provider of, or employed on any prior basis by, the employer.

p.(6) In adopting rules to implement this section, the department shall adopt rules applicable to railroad carriers that at least address the following matters:

10 ESSB 5065 (6) In adopting rules to implement this section, the department shall adopt rules applicable to railroad carriers that at least address the following matters:

12.15.

(1)(a) Except as provided in (b) of this subsection, any employee who usestakes leave forunder thesection authorized9 purposesof underthis sectionact 4the intended purpose of thisthe act,leave is entitled, on return tofrom work,the isleave: entitled:

or (ii) To be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment at a workplace within 20twenty miles of the employee's workplace when leave commenced.

(b) The taking of leave under section 49 of this act may not result in the loss of any employment benefits accrued before the date on which the leave commenced.

or (ii)p. Any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.

11 SB 5065 (ii) Any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.

p.(2) An employer may deny restoration under subsection (1) of this section to any salaried employee who is among the highest paid ten percent of the employees employed by the employer within seventy-five miles of the facility at which the employee is employed if:

11 ESSB 5065 (2) An employer may deny restoration under subsection (1) of this section to any salaried employee who is among the highest paid 10 percent of the employees employed by the employer within 75 miles of the facility at which the employee is employed if:

13.16.

During any period of leave taken under section 49 of this act, if the employee is not eligible for any employer contribution to medical or dental benefits under an applicable collective bargaining agreement or employer policy during any period of leave, an employer shall allow the employee to continue, at the employee's expense, medical or dental insurance coverage, including any spouse and dependent coverage, in accordance with state or federal law.

The premium to be paid by the employee shall not exceed 102one hundred two percent of the applicable premium for the leave period.

14.17.

or (b)p. Discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this chapter.

12 SB 5065 (b) Discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this chapter.

(a) Filed any complaint or charge, or has instituted or caused to be instituted any proceeding, under or related to this chapter;

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12 ESSB 5065 NEW SECTION.

Sec.

15.

(1)(a) Upon receipt of a complaint by an employee of a railroad carrier, the department shall investigate to determine if there has been noncompliance with this chapter and related rules and issue either a citation and notice of assessment or a closure letter within 90 days after the date on which the department received the complaint, unless the complaint is otherwise resolved.

The department may extend the period by providing advance written notice to the employee and the employer setting forth good cause for an extension of the period, and specifying the duration of the extension.

(b) The department shall send the citation and notice of assessment or the closure letter to both the employer and the employee by service of process or using a method by which the mailing can be tracked or the delivery can be confirmed to their last known addresses.

(c) If the department's investigation finds that the employee's allegation cannot be substantiated, the department shall issue a closure letter to the employee and the employer detailing such finding.

(2)(a) If the department's investigation finds that a railroad carrier violated this chapter or related rules, the department may order the employer to pay the department a civil penalty.

Civil penalties may be assessed as follows:

(i) For a class I carrier, up to $5,000 for the first violation, up to $25,000 for the second violation within a three-year period following any previous violation, and up to $100,000 for the third or subsequent violation within a three-year period following any previous violation;

(ii) For a class II or III carrier, up to $1,000 for the first violation, up to $5,000 for the second violation within a three-year period following any previous violation, and up to $10,000 for the third or subsequent violation within a three-year period following any previous violation.

(b) The department may, at any time, waive or reduce any civil penalty assessed against an employer under this section if the department determines that the employer has taken corrective action to remedy the retaliatory action.

(3) The director may also order other remedies such as back pay and reinstatement, and may increase the fines by rule based on changing economic conditions.

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13 ESSB 5065 (4) The department shall deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.

16.

(1) A person, firm, or corporation aggrieved by a citation and notice of assessment by the department under this chapter, or any rules adopted under this chapter, may appeal the citation and notice of assessment to the director by filing a notice of appeal with the director within 30 days of the department's issuance of the citation and notice of assessment.

A citation and notice of assessment not appealed within 30 days is final and binding, and not subject to further appeal.

(2) A notice of appeal filed with the director under this section shall stay the effectiveness of the citation and notice of assessment pending final review of the appeal by the director as provided for in chapter 34.05 RCW.

(3) Upon receipt of a notice of appeal, the director shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order.

The hearing and review procedures shall be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation and notice of assessment shall be de novo.

Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within 30 days after service of the initial order.

The director shall conduct an administrative review in accordance with chapter 34.05 RCW.

(4) The director shall issue all final orders after appeal of the initial order.

The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.

(5) Orders that are not appealed within the time period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.

(6) An employer who fails to allow adequate inspection of records in an investigation by the department under this chapter within a reasonable time period may not use such records in any appeal under this section to challenge the correctness of any determination by the department of the penalty assessed.

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14 ESSB 5065 NEW SECTION.

Sec.

17.

If any person fails to pay an assessment under this chapter, or under any rule under this chapter, after it has become a final and unappealable order, or after the court has entered final judgment in favor of the agency, the director may initiate collection procedures in accordance with section 18 of this act.

NEW SECTION.

Sec.

(1)Upon Aftercomplaint aby finalan orderemployee, isthe issuedcommissioner undershall thisinvestigate chapter,to ordetermine anyif rulesthere underhas thisbeen chapter,noncompliance ifwith anthis employerchapter defaultsand in the paymentrules of:adopted under this chapter.

(a)If Anythe amountinvestigation determinedindicates bythat thea departmentviolation tomay have occurred, a hearing must be owedheld toin anaccordance employee,with includingchapter interest;34.05 RCW.

orThe (b)commissioner anymust civilissue penaltya orderedwritten bydetermination theincluding departmenthis under this chapter, or anyher rulesfindings under this chapter, the director may file with the clerk of any county within thethirty statebusiness adays warrantafter in the amounthearing. of the payment plus any filing fees.

TheA clerkjudicial ofappeal thefrom county in which the warrantcommissioner's isdetermination filedmay shall immediately designate a superior court cause number for the warrant, and the clerk shall cause to be enteredtaken in theaccordance judgmentwith docketchapter under34.05 theRCW, superiorwith courtthe causeprevailing numberparty assignedentitled to therecover warrant,reasonable thecosts name of the employer mentioned in the warrant, the amount of payment due on it plus any filing fees, and theattorneys' datefees. when the warrant was filed.

The aggregate amount of the warrant as docketed becomes a lien upon the title to, and interest in, all real and personal property of the employer against whom the warrant is issued, the same as a judgment in a civil case docketed in the office of the clerk.

The sheriff shall proceed upon the warrant in all respects and with like effect as prescribed by law with respect to execution or other process issued against rights or property upon judgment in a court of competent jurisdiction.

The warrant so docketed is sufficient to support the issuance of writs of garnishment in favor of the state in a manner provided by law in case of judgment, wholly or partially unsatisfied.

The clerk of the court is entitled to a filing fee which shall be added to the amount of the warrant.

A copy of the warrant shall be mailed to the employer within three days of filing with the clerk.

(2)(a) The director may issue to any person, firm, corporation, other entity, municipal corporation, political subdivision of the state, a public corporation, or any agency of the state, a notice and order to withhold and deliver property of any kind when they have reason to believe that there is in the possession of the person, firm, corporation, other entity, municipal corporation, political p.

15 ESSB 5065 subdivision of the state, public corporation, or agency of the state, property that is or will become due, owing, or belonging to an employer upon whom a notice of assessment has been served by the department for payments or civil penalties due to the department.

The effect of a notice and order is continuous from the date the notice and order is first made until the liability out of which the notice and order arose is satisfied or becomes unenforceable because of lapse of time.

The department shall release the notice and order when the liability out of which the notice and order arose is satisfied or becomes unenforceable by reason of lapse of time and shall notify the person against whom the notice and order was made that the notice and order has been released.

(b) The notice and order to withhold and deliver must be served by the sheriff of the county or by the sheriff's deputy, by certified mail, return receipt requested, or by the director.

A person, firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or agency of the state upon whom service has been made shall answer the notice within 20 days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the notice and order.

Upon service of the notice and order, if the party served possesses any property that may be subject to the claim of the department, the party shall promptly deliver the property to the director.

The director shall hold the property in trust for application on the employer's indebtedness to the department, or for return without interest, in accordance with a final determination of a petition for review.

In the alternative, the party shall furnish a good and sufficient surety bond satisfactory to the director conditioned upon final determination of liability.

If a party served and named in the notice fails to answer the notice within the time prescribed in this section, the court may render judgment by default against the party for the full amount claimed by the director in the notice, together with costs.

If a notice is served upon an employer and the property subject to the notice is wages, the employer may assert in the answer all exemptions provided for by chapter 6.27 RCW to which the wage earner is entitled.

(c) As an alternative to the methods of service described in this section, the department may electronically serve a financial institution with a notice and order to withhold and deliver by providing a list of its outstanding warrants, except those for which p.

16 ESSB 5065 a payment agreement is in good standing, to the department of revenue.

The department of revenue may include the warrants provided by the department in a notice and order to withhold and deliver served under RCW 82.32.235(3).

A financial institution that is served with a notice and order to withhold and deliver under this subsection (2)(c) must answer the notice within the time period applicable to service under RCW 82.32.235(3).

The department and the department of revenue may adopt rules to implement this subsection (2)(c).

(3) In addition to the procedure for collection of amounts owed, including interest, and civil penalties as set forth in this section, the department may recover amounts owed, including interest, and civil penalties assessed under this chapter, and any rules under this chapter, in a civil action brought in a court of competent jurisdiction of the county where the violation is alleged to have occurred.

(4) Whenever any employer quits business, sells out, exchanges, or otherwise disposes of the employer's business or stock of goods, any person who becomes a successor to the business becomes liable for the full amount of any outstanding citation and notice of assessment or penalty against the employer's business under this chapter if, at the time of the conveyance of the business, the successor has:

(a) Actual knowledge of the fact and amount of the outstanding citation and notice of assessment;

or (b) a prompt, reasonable, and effective means of accessing and verifying the fact and amount of the outstanding citation and notice of assessment from the department.

If the citation and notice of assessment or penalty is not paid in full by the employer within 10 days of the date of the sale, exchange, or disposal, the successor is liable for the payment of the full amount of the citation and notice of assessment or penalty, and payment thereof by the successor must, to the extent thereof, be deemed a payment upon the purchase price.

If the payment is greater in amount than the purchase price, the amount of the difference becomes a debt due to the successor from the employer.

(5) This section does not affect other collection remedies that are otherwise provided by law.

(1) ExceptAn asemployer providedwho is found, in subsectionaccordance (2)with section 18 of this section,act, anyto employerhave whoviolated violatesa sectionrequirement 14 of this actchapter and the rules adopted under this chapter, is liable:subject to a civil penalty as follows:

(a) For damagesa equalclass to:I carrier, up to five thousand dollars for the first violation, up to twenty-five thousand dollars for the second violation within a three-year period following any previous violation, and up to one hundred thousand dollars for the third or subsequent violation within a three-year period following any previous violation.

(b) For a class II or III carrier, up to one thousand dollars for the first violation, up to five thousand dollars for the second violation within a three-year period following any previous violation, and up to ten thousand dollars for the third or subsequent violation within a three-year period following any previous violation.

1713 ESSBSB 5065 (i)(c) TheFor amounta of:violation of section 17(1)(a) of this act by any carrier because the employee complained, opposed, gave information or was about to give information, or testified or was about to testify, regarding a railroad safety matter, up to five million dollars.

(2) Civil penalties must be collected by the commission and deposited into the safe leave for railroad workers enforcement account.

NEW SECTION.

Sec.

20.

(1) Except as provided in subsection (2) of this section, any employer who violates section 17 of this act is liable:

(a) For damages equal to:

(i) The amount of:

(B) In a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to 12twelve weeks of wages or salary for the employee;

(ii) The interest on the amount described in (a)(i) of this subsection calculated at the prevailing rate of inflation plus 10ten percent;

and (iii) An additional amount as liquidated damages equal to the sum of the amount described in (a)(i) of this subsection and the interest described in (a)(ii) of this subsection, except that if an employer who has violated section 1417 of this act proves to the satisfaction of the court that the act or omission that violated section 1417 of this act was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of section 1417 of this act, the court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under (a)(i) and (ii) of this subsection, respectively;

(2) For a violation of section 14(2)17(1)(a) of this act by any carrier because the employee complained, opposed, gave information or was about to give information, or testified or was about to testify, regarding a railroad safety matter, the additional amount as liquidated damages shall be up to $5,000,000.five million dollars.

(3)p. An action to recover the damages or equitable relief prescribed in subsection (1) of this section may be maintained against any employer in any court of competent jurisdiction by any one or more employees for and on behalf of:

14 SB 5065 (3) An action to recover the damages or equitable relief prescribed in subsection (1) of this section may be maintained against any employer in any court of competent jurisdiction by any one or more employees for and on behalf of:

p.

18 ESSB 5065 NEW SECTION.

Sec.

20.

Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the director, setting forth excerpts from, or summaries of, the pertinent provisions of this chapter and information pertaining to the filing of a charge.

Any employer that willfully violates this section may be subject to a civil penalty of not more than $1,000 for each separate offense.

Any penalties collected by the department under this section shall be deposited into the supplemental pension fund established under RCW 51.44.033.

NothingEach employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the commissioner, setting forth excerpts from, or summaries of, the pertinent provisions of this chapter shalland beinformation construed:pertaining to the filing of a charge.

(1)Any Toemployer modifythat orwillfully affectviolates anythis statesection ormay localbe lawsubject prohibitingto discriminationa oncivil thepenalty basis of race,not religion,more color,than nationalone origin,thousand sex,dollars sexualfor orientation,each genderseparate identity,offense. age, or disability;

orAny (2)penalties Tocollected supersedeby anythe provisioncommission ofunder anythis localsection lawshall thatbe providesdeposited greaterinto familythe orsafe medical leave rightsfor thanrailroad theworkers rightsenforcement establishedaccount. under this chapter.

NothingThe insafe thisleave chapterfor diminishesrailroad theworkers obligationenforcement ofaccount anis employercreated toin complythe withcustody anyof collective bargaining agreement or any employment benefit program or plan that provides greater family or medical leave rights to employees than the rightsstate establishedtreasurer. under this chapter.

TheAny rightspenalties establishedcollected forunder employeessection under19 thisor chapter21 mayof notthis act shall be diminisheddeposited byinto anythe collectiveaccount bargainingand agreementshall orbe anyused employmentonly benefitfor programthe orpurposes plan.of administering and enforcing this chapter.

Only the commissioner or the commissioner's designee may authorize expenditures from the account.

The account is subject to allotment procedures under this chapter, but an appropriation is not required for expenditures.

Nothing in this chapter shall be construedconstrued: to discourage employers from adopting or retaining leave policies more generous than any policies that comply with the requirements under this chapter.

(1) To modify or affect any state or local law prohibiting discrimination on the basis of race, religion, color, national origin, sex, age, or disability;

or p.

15 SB 5065 (2) To supersede any provision of any local law that provides greater family or medical leave rights than the rights established under this chapter.

TheNothing directorin maythis adoptchapter rulesdiminishes asthe necessaryobligation of an employer to implementcomply with any collective bargaining agreement or any employment benefit program or plan that provides greater family or medical leave rights to employees than the rights established under this chapter.

The rights established for employees under this chapter may not be diminished by any collective bargaining agreement or any employment benefit program or plan.

IfNothing anyin provision of this actchapter orshall itsbe applicationconstrued to anydiscourage personemployers from adopting or circumstanceretaining isleave heldpolicies invalid,more generous than any policies that comply with the p.requirements under this chapter.

19 ESSB 5065 remainder of the act or the application of the provision to other persons or circumstances is not affected.

SectionsThe 1commissioner throughshall 24adopt andrules 27as ofnecessary thisto actimplement constitutethis achapter. new chapter in Title 49 RCW.

This chapter must be construed to the extent possible in a manner that is consistent with similar provisions, if any, of Title 50A RCW and the federal family and medical leave act of 1993 (Act Feb.

5, 1993, P.L.

103-3, 107 Stat.

6), and that gives consideration to the rules, precedents, and practices of the federal department of labor relevant to the federal act.

NEW SECTION.

Sec.

28.

This act may be known and cited as the safe leave act for Washington railroad workers.

NEW SECTION.

Sec.

29.

If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned.

Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

p.

16 SB 5065 NEW SECTION.

Sec.

30.

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.

Sec.

31.

Sections 1 through 6 of this act are each added to chapter 81.40 RCW.

NEW SECTION.

Sec.

32.

Sections 7 through 29 and 33 of this act constitute a new chapter in a new title to be codified as Title 50C RCW.

NEW SECTION.

Sec.

33.

2017 ESSBSB 5065