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Wait 9. REVISED CODE of WASHINGTON ANNOTATED 2403 Wait 9. REVISED CODE OF WASHINGTON ANNOTATED IfnJer Official ^relocation ana ffuntaerina Titles 49 to 50 Cumulative Annual Pocket Part 3or Vie Jn 1982 Replacing prior Pocket Part in back of volume Includes laws through the 1981 Regular and First Extraordinary Sessions ST. PAUL. MINN. WEST PUBLISHING CO. T. 49 to SO Wnh.Cafe—1 1981 P.P. X] 2404 49.36.020 LABOR REGULATIONS Employer's obligation to make contri- Relations Act of 1947 (29 U.8.C.A, | buttons to Joint labor-management 186),-must present • proof showing em- trust, created pursuant to Labor Man- ployer's obligation to make contribu- agement Relations Act of 1947 (29 U.S. tions for covered employees conforms to C.A. J 186), Is determined solely by the specific terms of agreement between language of the written agreement be- employer and employee representative, tween the employer and the employee since employer contributions unauthor- representatlve. Western Washington ized by the parties' agreement are un- Laborers-Emp. Health & Sec. Trust lawful. Western Washington Labor- Fund v Merlino (1981) 29 Wn App 251, ers-Emp. Health & Sec. Trust Fund v 627 P2d 1346. Merlino (1981) 29 Wn App 251. 627 P2d Joint labor-management trust fund, 1346. created pursuant to Labor Management 49.36.030 Prosecutions prohibited Under RCW 49.36, which deals with tlvlty protected from prosecution, labor unions In general, reasonable con- State v Fox (1973) 82 Wn 2d 289, 510 tact with workers by a union represen- P2d 230. tative for any lawful purpose la an ac- CHAPTER 49.44—VIOLATIONS—PROHIBITED PRACTICES Blind or handicapped persons, discriminating against In public employment: RCWA 70.84.080. 49.44.010 Blacklisting—Penalty 56 Wn LR .1 (1980-81) (theory of rights for the employment relation. Robert Brousseau). 49.44.030 Labor representative receiving bribe 1 ALRSd 1350 (validity and construction of statutes punishing commercial bribery). 49.44.070 Grafting by employee 1 ALR3d 1360 (validity and construction of statutes punishing commercial bribery). 49.44.090 Unfair practices in employment because of age of em­ ployee or applicant—Exceptions The unfair practice of age discrlmina- Where trial court in discrimination tlon prohibited by RCWA 49.60.180 Is case entered finding that plaintiff was limited by the provisions of RCWA 49.- not terminated because of age but be- 44.090 to that class of workers ages 40 to cause of work performance, and plaln- 66. Gross v Lynnwood (1978) 90 Wn 2d tiff did not assign error to such finding, 395, 583 P2d 1197. It became a verity on appeal. Curtis v Clark (1981) 29 Wn App 967. 632 P2d 68. 49.44.120 Requiring lie detector tests It shall be unlawful for any person, firm, corporation or the state of Washington, its political subdivisions or municipal corporations to require any employee or prospective employee to take or be subjected to any He detector or similar tests as a condition of employment or continued employ­ ment: Provided, That this section shall not apply to persons making initial application for employment with any law enforcement agency: Provided further, That this section shall not apply to either the initial application for employment or continued employment of persons who dispense controlled sub­ stances as defined in chapter 69.50 RCW, or to persons in sensitive positions 64 2405 LABOR REGULATIONS 49.44.140 directly Involving national security, or to persons In the field of public law enforcement who are seeking promotion to a rank of captain or higher. [Added by Laws 1965 ch 152 | 1; Amended by Laws 1973 ch 145 I 1.] 8 Oonxaga LR 190 (disciplining or discharging police officer for refusal to sub­ mit to polygraph test). CJS Master and Servant IS 14 et seq.' 47 Wn LR 73 (light of privacy, and prospective employee—need to restrict poly­ graph and personality testing). Key Number Digests: Labor Relations <3=7. Police officer may be required to sub- necessary to use device as investigatory mit to polygraph test under penalty of tool to test dependability of prior an- dismissal for refusal, when authorities swers of suspected officers to questions Investigating serious and notorious al- specifically, narrowly, and directly re­ legations of police misconduct or cor- lated to performance of their official ruptlon conclude. In exercise of pru- duties. Seattle Police Officers' Guild v dent Judgment, that it is reasonably Seattle (1972) 80 Wn 2d 307. 494 P2d 485. 49.44.130 Penalty Any person violating the provisions of RCW 49.44.120 shall be guilty of a gross misdemeanor. [Added by Laws 1965 ch 152 g 2.] 49.44.140 Requiring assignment of employee's rights to inventions —Conditions (1) A provision In an employment agreement which provides that an em­ ployee shall assign or offer to assign any of the employee's rights in an In­ vention to the employer does not apply to an Invention for which no equip­ ment, supplies, facilities, or trade secret information of the employer was used.and which was developed entirely on the employee's own time, unless (a) the Invention relates (1) directly to the business of the employer, or (li) to the employer's actual or demonstrably anticipated research or development, or (b) the Invention results from any work performed by the employee for the employer. Any provision which purports to apply to such an Invention Is to that extent against the public policy of this state and Is to that extent void and unenforceable. (2) An employer shall not require a provision made void and unenforceable by subsection (1) of this section as a condition of employment or continuing employment (3) If an employment agreement entered Into after September 1, 1979, contains a provision requiring the employee to assign any of the employ­ ee's rights in any Invention to the employer, the employer must also, at the time the agreement Is made, provide a written notification to the employee that the agreement does not apply to an invention for which no equipment, supplies, facility, or trade secret Information of the employer was used and which was developed entirely on the employee's own time, unless (a) the In­ vention relates (1) directly to the business of the employer, or (II) to the em­ ployer's actual or demonstrably anticipated research or development, or (b) the invention results from any work performed by the employee for the em­ ployer. [Added by Laws 1st Ex Sess 1979 ch 177 | 2, effective September 1, 1979.] CJS Master and Servant li 73, 74. Key Number Digests: Master and Servant $362. r. 49-so wi*xo«>—5 ce 1981 P.P. OO 2406 49.44.150 LABOR REGULATIONS 49.44.150 Requiring assignment of employee's rights to inventions— Disclosure of inventions by employee Even though the employee meets the burden of proving the conditions spe­ cified RCW 4S.44.140, the employee shall, at the time of employment or thereafter, disclose all inventions being developed by the employee, for the purpose of determining employer or employee rights. The employer or the employee may disclose such inventions to the Department of Employment Security, and the department shall maintain a record of such disclosures for a minimum period of five years. [Added by Laws 1st Ex Seas 1979 ch 177 I 3, effective September 1, 1979.] CJS Master and Servant !9 73, 74. Key Number Digests: Master and Servant <g=>62. CHAPTER 49.46—MINIMUM WAGE ACT Ops Atty Oen 61-62 No. 106 (application of Minimum Wage and Hour Act to per­ sons employed by nonprofit agriculture fair association). 2 ALR Fed 637 (what contracts are subject to wage and hour regulations of Walsh-Healey Act (41 USCS { 35)). 3 ALR Fed 675 (call or waiting time as working time within the minimum wage and overtime provisions of the Fair Labor Standards Act (29 USCS (9 206. 207)). 7 ALR Fed 155 (what are "goods" within definition of "goods" In I 3(1) of Fair Labor Standards Act (29 USCS { 203(1))). 7 ALR Fed 624 (what constitutes "retail or service establishment" within exemp­ tion stated in S 13(a)(2) and (4) of Fair Labor Standards Act, as amended (29 USCS t 218(a)(2) and (4))). 10 ALR Fed 919 (removal from state court to Federal District Court of action for wages under S 16.(b) of Fair Labor Standards Act (29 USCS J 216(b))). Minimum Wage Act does not apply this state. Cooper v Baer (1962) 69 Wn to "employments"' or services rendered 2d 763. 370 P2d 871. in violation of criminal statutes of 49.46.010 Definitions As used in this chapter: (1) "Director" means the director of labor and industries; (2) "Wage" means compensation due to an employee by reason of his em­ ployment, payable In legal tender of the United States or checks on banks convertible Into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by regulations of the director under RCW 49.46.050; (3) "Employ" Includes to suffer.or to permit to work; (4) "Employer" Includes any individual, partnership, association, corpora­ tion, business trust, or any person or group of persons acting directly or In­ directly in the interest of an employer in relation to an employee; (6) "Employee" Includes any Individual employed by an employer bnt shall not Include: (a) Any individual employed (1) on a farm, in the employ of any person, in connection with the cultivation of the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including raising, • shearing, feeding,' caring for, training, and management of livestock, bees, poultry, and.furbearing animals and wildlife, or in the employ of the owner or tenant or other operator of a farm In connection with the operation, man­
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