SB 5041 — Concerning unemployment insurance benefits for striking or lockout workers.

ENGROSSEDS-0038.1 SUBSTITUTE SENATE BILL 5041 State of Washington 69th Legislature 2025 Regular Session By Senate Labor & Commerce (originally sponsored by Senators Riccelli, Conway, Hasegawa, Saldaña, Salomon, Stanford, Dhingra, Nobles, Trudeau, Valdez, Bateman, Lovelett, Cleveland, Frame, Orwall, Pedersen, Slatter, Wellman, and C.

Wilson)Wilson READPrefiled FIRST12/13/24. TIME 02/18/25.

Read first time 01/13/25.

Referred to Committee on Labor & Commerce.

adding a new sectionssection to chapter 50.20 RCW;

and creating a new section;section.

providing an effective date;

and providing expiration dates.

1 ESSBSB 5041 (a) The individual is not participating in or financing or directly interested in the strike ((or lockout)) that caused the individual's unemployment;

However, if an individual is unemployed due to a strike at the separating employer's factory, establishment, or other premises at which the individual is or was last employed, the individual may receive weekly benefits for no more than 12 calendar weeks, subject to other limitations provided in this title.

Any weekly benefits received unrelated to the individual's unemployment due to a strike may not be counted toward the 12 calendar weeks.

p.PROVIDED, That in the absence of fraud or misrepresentation on the part of the claimant, any benefits paid prior to the date of any redetermination which reduces the amount of benefits payable shall not be subject to recovery under the provisions of RCW 50.20.190.

2 ESSB 5041 PROVIDED, That in the absence of fraud or misrepresentation on the part of the claimant, any benefits paid prior to the date of any redetermination which reduces the amount of benefits payable shall not be subject to recovery under the provisions of RCW 50.20.190.

(2)p. A determination of denial of benefits issued under the provisions of RCW 50.20.180 shall become final, in absence of timely appeal therefrom:

2 SB 5041 (2) A determination of denial of benefits issued under the provisions of RCW 50.20.180 shall become final, in absence of timely appeal therefrom:

(1)(a) An experience rating account shall be established and maintained for each employer, except employers as described in RCW 50.44.010, 50.44.030, and 50.50.030 who have properly elected to make payments in lieu of contributions, taxable local government employers as described in RCW 50.44.035, and those employers who are required to make payments in lieu of contributions, based on existing records of the employment security department.

3 ESSBSB 5041 (1)(a)(b) AnBenefits experiencepaid ratingto accountan eligible individual shall be establishedcharged andto maintainedthe forexperience eachrating employer,accounts exceptof employerseach asof describedsuch inindividual's RCWemployers 50.44.010,during 50.44.030,the andindividual's 50.50.030base whoyear havein properlythe electedsame toratio makethat paymentsthe inwages lieupaid ofby contributions,each taxableemployer localto governmentthe employersindividual asduring describedthe inbase RCWyear 50.44.035,bear andto thosethe employerswages whopaid areby requiredall employers to makethat paymentsindividual induring lieuthat ofbase contributions,year, basedexcept onas existingotherwise recordsprovided ofin thethis employmentsection. security department.

(b) Benefits paid to an eligible individual shall be charged to the experience rating accounts of each of such individual's employers during the individual's base year in the same ratio that the wages paid by each employer to the individual during the base year bear to the wages paid by all employers to that individual during that base year, except as otherwise provided in this section.

p.(a) Benefits paid to any individual later determined to be ineligible for those benefits or disqualified to receive those benefits shall not be charged to the experience rating account of any contribution paying employer, except:

4 ESSB 5041 (a) Benefits paid to any individual later determined to be ineligible for those benefits or disqualified to receive those benefits shall not be charged to the experience rating account of any contribution paying employer, except:

(b)p. Benefits paid to an individual filing under the provisions of chapter 50.06 RCW shall not be charged to the experience rating account of any contribution paying employer only if:

4 SB 5041 (b) Benefits paid to an individual filing under the provisions of chapter 50.06 RCW shall not be charged to the experience rating account of any contribution paying employer only if:

(h)(i) Benefits paid during the one week waiting period when the one week waiting period is fully paid or fully reimbursed by the p.federal government shall not be charged to the experience rating account of any contribution paying employer.

5(ii) ESSBIn 5041the event the one week waiting period is partially paid or partially reimbursed by the federal governmentgovernment, shallthe notdepartment bemay, chargedby rule, elect to thenot experiencecharge, ratingin accountfull ofor anyin contributionpart, payingbenefits employer.paid p.

(ii)5 InSB the5041 event the one week waiting period is partially paid or partially reimbursed by the federal government, the department may, by rule, elect to not charge, in full or in part, benefits paid during the one week waiting period to the experience rating account of any contribution paying employer.

and (C) the employer has continued to furnish or make available part-time work to the individual in substantially the same amount as during the p.individual's base year.

6 ESSB 5041 individual's base year.

(v) Was hired to replace an employee who is a member of the military reserves or National Guard and was called to federal active military service by the president of the United States and is subsequently laid off when that employee is reemployed by their employerp. upon release from active duty within the time provided for reemployment in RCW 73.16.035;

6 SB 5041 employer upon release from active duty within the time provided for reemployment in RCW 73.16.035;

(5) An employer's experience rating account may not be relieved of charges for a benefit payment and an employer who reimburses the trust fund for benefit payments may not be credited for a benefit payment if a benefit payment was made because the employer or employer's agent failed to respond timely or adequately to a written p.request of the department for information relating to the claim or claims without establishing good cause for the failure and the employer or employer's agent has a pattern of such failures.

7 ESSB 5041 request of the department for information relating to the claim or claims without establishing good cause for the failure and the employer or employer's agent has a pattern of such failures.

(a)p. For the purposes of this subsection, "adequately" means providing accurate information of sufficient quantity and quality that would allow a reasonable person to determine whether an individual is eligible for or qualified to receive benefits.

7 SB 5041 (a) For the purposes of this subsection, "adequately" means providing accurate information of sufficient quantity and quality that would allow a reasonable person to determine whether an individual is eligible for or qualified to receive benefits.

(1) If an individual receives benefits under this title while being unemployed due to a strike at the separating employer's factory, establishment, or other premises and the individual subsequently receives retroactive wages from the separating employer for any week for which he or she received benefits under this title, the department shall issue an overpayment assessment to recover the corresponding benefits as provided under RCW 50.20.190.

(2) This section expires December 31, 2035.

Rules adopted under this act p.must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.

8 ESSB 5041 must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.

NEW SECTION.

Sec.

6.