Skip to Page Content

Legislative Update

    February 19, 2014

    There are a number of bills currently pending in the Washington State Legislature that may impact your HR practices if enacted into law.

    First, regarding employee screening practices, House Bill (“HB”) 2545 seeks to prohibit an employer from considering nonconviction information before determining if the applicant is otherwise qualified for the position.  For example, an employer would be prohibited from asking applicants during an initial screening if they have ever been arrested, and then refusing to consider all applicants that respond “yes.”   

    Senate Bill (“SB”) 5211 would impact employee screening methods seeking to prohibit employers from requiring an employee or prospective employee to submit or give access to social networking account information that is not already in the public domain.

    There are also a number of bills regarding minimum hourly wages.  Legislation including HB 1150, HB 2614, and SB 5275 seek to establish procedures that would allow for issuance of special training certificates to employers to pay wages below the state minimum wage during a training period that could not exceed six hundred eighty (680) hours.  House Bill 1462, and its companion, SB 5158, seek to create a good faith defense for employers for certain minimum wage and overtime compensation complaints.

    Not surprisingly, the minimum wage itself is a hot issue, with HB 2032 seeking to adjust the minimum wage rate annually to match the rate of inflation and HB 2672 seeking to increase the hourly minimum wage to $12 over the next three years.

    Finally, regarding union membership, SB 5935 seeks to prohibit an employer from requiring a person to refrain from membership in a labor organization as a condition of employment or continued employment, and would likewise prohibit an employer from requiring a person to become or remain a member of a labor organization as condition of employment.

    The above is only a general overview of current HR-related legislation.  To learn more, the SHRM website provides a Legislative Tracking System that allows for easy tracking of all human resources legislation at the state and federal levels – see THIS LINK.   Of course, contact your elected representative to voice your support or opposition to legislation affecting your HR practice.