SB 6007 — Concerning employment standards for grocery workers.

ENGROSSEDS-3733.2 SUBSTITUTE SENATE BILL 6007 State of Washington 68th Legislature 2024 Regular Session By Senate Labor & Commerce (originally sponsored by Senators Conway, Keiser, Hasegawa, Dhingra, Randall, Saldaña, Liias, Hunt, Nguyen, Kuderer, Van De Wege, Frame, Nobles, Pedersen, Salomon, Shewmake, Stanford, Trudeau, Valdez, and C.

Wilson)Wilson READPrefiled FIRST01/05/24. TIME 01/31/24.

Read first time 01/08/24.

Referred to Committee on Labor & Commerce.

reenacting and amending RCW 49.48.082;

1 ESSBSB 6007 NEW SECTION.

(2) "Eligible"Department" grocery worker" means anythe individualdepartment whose primary place of employmentlabor is at the grocery establishment subject to a change in control, and whoindustries. has worked for the incumbent grocery employer for at least six months prior to the execution of the transfer document.

(3) "Director" means the director of the department of labor and industries, or the director's designated representative.

(4) "Eligible grocery worker" means any individual whose primary place of employment is at the grocery establishment subject to a change in control, and who has worked for the incumbent grocery employer for at least six months prior to the execution of the transfer document.

(3)(5) "Employment commencement date" means the date on which an eligible grocery worker retained by the successor grocery employer pursuant to this chapter commences work for the successor grocery employer in exchange for benefits and compensation under the terms and conditions established by the successor grocery employer and as required by law.

(4)(a)(6)(a) "Grocery establishment" means a retail store in this state that is over 15,000 square feet in size and that sells primarily household foodstuffs for off-site consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods.

(5) "Incumbent grocery employer" means the person that owns, controls, or operates the grocery establishment at the time of the change in control.

2 ESSBSB 6007 (6)(7) "Job"Incumbent classification"grocery employer" means athe systemperson forthat categorizingowns, certaincontrols, dutiesor intooperates certainthe jobs.grocery establishment at the time of the change in control.

(7)(8) "Person""Job classification" means ana individual,system corporation,for partnership,categorizing limitedcertain partnership,duties limitedinto liabilitycertain partnership,jobs. limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.

(8)(9) "Successor"Person" grocerymeans employer"an meansindividual, thecorporation, personpartnership, thatlimited owns,partnership, controls,limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or operatesany theother grocerylegal establishmentor aftercommercial theentity, changewhether indomestic control.or foreign.

(10) "Successor grocery employer" means the person that owns, controls, or operates the grocery establishment after the change in control.

"Successor(11) grocery"Transfer employer"document" doesmeans notthe includepurchase anyagreement person that owns or controlsother 25document oreffecting fewerthe grocerychange establishments in thecontrol. state.

A successor grocery employer does not include an establishment operated by a franchisee pursuant to a franchise agreement if the franchisee operates 25 or fewer grocery establishments in the state.

(9) "Transfer document" means the purchase agreement or other document effecting the change in control.

(3) If the successor grocery employer extends an offer of employment to an eligible grocery worker pursuant to this chapter, p.the successor grocery employer must retain written verification of that offer for at least three years after the date of the offer.

3The ESSBp. 6007 the successor grocery employer must retain written verification of that offer for at least three years after the date of the offer.

The3 SB 6007 verification must include the name, address, date of hire, and employment occupation classification of each eligible grocery worker.

(2) Notwithstanding other provisions of this chapter, if a successor grocery employer does not hire an eligible grocery worker following a change in control or does not retain an eligible grocery p.

4 ESSBSB 6007 (2) Notwithstanding other provisions of this chapter, if a successor grocery employer does not hire an eligible grocery worker following a change in control or does not retain an eligible grocery worker for at least 180 days following the change in control or the eligible grocery worker's employment commencement date, whichever is later, the successor grocery company must, unless the eligible grocery worker has quit or has been discharged for cause, provide the eligible grocery employee a dislocated grocery worker allowance equal to one week of pay for each full year of employment with the incumbent grocery employer.

(1) An employer must not refuse to employ, terminate, reduce the compensation of, or otherwise take adverse action against any employee for seeking to enforce the employee's rights under this chapter, including participating in proceedings, p.

5 ESSBSB 6007 action against any employee for seeking to enforce the employee's rights under this chapter, including participating in proceedings, opposing any practice prescribed by this chapter, or otherwise asserting rights under this chapter.

(3) The director may enforce this section, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation pending the completion of an investigation or hearing, under the provisions of this chapter and chapter 49.48 RCW and any related rules adopted by the department, including by issuing a citation against an employer who violates this section or by filing a civil action.

Any amounts owed to an employee may be enforced as a wage payment requirement under RCW 49.48.082.

(4) The director may recover the following remedies on behalf of an aggrieved employee:

p.

6 SB 6007 (a) Hiring and reinstatement rights pursuant to this chapter.

For violations of the retention provision, the 180-day transition employment period does not commence until the eligible grocery worker's employment commencement date with the successor grocery employer;

(b) Front pay or back pay for each day during which the violation continues;

(c) The value of the benefits the employee would have received under any benefit plans.

(5) An employer, agent of an employer, or other person who violates this chapter or causes a violation of this chapter may be subject to a civil penalty of $100 for each employee whose rights under this chapter are violated.

An additional amount payable as liquidated damages in the amount of $100 per employee, for each day the rights of an employee under this chapter are violated and continuing until the violation is cured, not to exceed $1,000 per employee, which may be recovered by the director and deposited into the supplemental pension fund established under RCW 51.44.033.

(6) Citation procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the director must be the same as those set out in RCW 49.48.084, as appropriate.

(7) In an action brought by the director for enforcement of this chapter, the court may issue preliminary and permanent injunctive relief to vindicate the rights of employees.

In a civil action, the director may also recover all remedies set forth in subsection (4) of this section.

(8) The director may adopt and enforce rules and regulations and issue determinations and interpretations consistent with and necessary for the implementation of this section.