Original Notice.

Preproposal statement of inquiry was filed as WSR 01-05-114.

Title of Rule: Chapter 296-131 WAC, Agricultural employment standards.

Purpose: In 1989 the department adopted a provision in WAC 296-125-043 and 296-126-020 which allowed employers to pay 85% of the state minimum wage for those workers under sixteen years of age. This provision does not apply to agriculture as these WAC chapters do not apply to agriculture work.

     This rule making is necessary to adopt similar minimum wage (including the application of a subminimum wage) provisions in the agricultural employment standards rules (chapter 296-131 WAC) that currently exist in the nonagricultural employment of minors rules (chapter 296-125 WAC) and standards of labor for the protection of the safety, health and welfare of employees for all occupations subject to chapter 49.12 RCW (chapter 296-126 WAC). These changes are further justified because the department was not able to determine that these provisions were intended to be exclusive to the nonagricultural industries and these changes will ensure consistency with the department's current enforcement practices.

     A new section is added to chapter 296-131 WAC, which is substantially similar to WAC 296-125-043 and 296-126-020. The only difference is that a provision located in subsection (3) of WAC 296-125-043 and 296-126-020 was not included in these rules as it does not create a new right and is unnecessary.

Statutory Authority for Adoption: RCW 43.22.270 and 49.46.020.

Statute Being Implemented: Chapters 43.22, 49.30, and 49.46 RCW.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Rich Ervin, Tumwater, (360) 902-5310; Implementation and Enforcement: Patrick Woods, Tumwater, (360) 902-6348.

Name of Proponent: Department of Labor and Industries, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required because this rule does not impose any new costs on business.

RCW 34.05.328 applies to this rule adoption. Significant rule-making criteria does apply to these rules amendments because they do not meet the exempt criteria outlined in RCW 34.05.328(5).

Hearing Location: Labor and Industries Building (Auditorium), 7273 Linderson Way S.W., Tumwater, WA, on May 22, 2001, at 1:00 p.m. - 7:00 p.m.; and at the Yakima School District (Administration Offices), 104 North 4th Avenue, Yakima, WA, on May 23, 2001, at 5:00 p.m. - 9:00 p.m.

Assistance for Persons with Disabilities: Contact Josh Swanson by May 21, 2001, at (360) 902-6411.

Submit Written Comments to: Josh Swanson, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, e-mail swaj235@lni.wa.gov, fax (360) 902-5292, by May 23, 2001. Comments submitted by fax must be ten pages or less.

Date of Intended Adoption: May 25, 2001.

April 18, 2001

Gary Moore

Director

OTS-4743.1

NEW SECTION
WAC 296-131-117   Minimum wages -- Minors.   Except where a higher minimum wage is required by Washington state or federal law:

     (1) Every employer shall pay to each of his or her employees who have reached their sixteenth or seventeenth year of age a rate of pay per hour which is equal to the hourly rate required by RCW 49.46.020 for employees eighteen years of age or older, whether computed on an hourly, commission, piecework, or other basis, except as may be otherwise provided under this chapter.

     (2) Every employer shall pay to each of his or her employees who have not reached their sixteenth year of age a rate of pay per hour that is not less than eighty-five percent of the hourly rate required by RCW 49.46.020 for employees eighteen years of age or older, whether computed on an hourly, commission, piecework, or other basis, except as may be otherwise provided under this chapter.

     (3) These minimum wage provisions shall not apply when a minor student is in a work place to carry out an occupational training experience assignment directly supervised on the premises by a school official or an employer under contract with a school and when no appreciable benefit is rendered to the employer by the presence of the minor student.

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