Rules filed May 7, 2024



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The Department of Labor & Industries (L&I) updated its rulemaking website

Rules filed May 7, 2024

For information on all L&I meetings and public hearings related to rulemaking, please visit our public participation calendar [ [link removed] ]. [ [link removed] ]



Division: *Division of Occupational Safety & Health (DOSH)*

Topic: *Preproposal (CR-101) – Adult Entertainer Safety*

Brief Description: The purpose of this rulemaking is to implement the requirements of Engrossed Substitute Senate Bill 6105 [ [link removed] ] (ESSB 6105) codified under RCW 49.17.470. Specifically, this rulemaking will address some of the following under Chapter 296-831 WAC:


* Requirements that an adult entertainment establishment provide certain trainings;
Requirements that an adult entertainment establishment provide accessible panic buttons, and must submit annual proof of compliance and panic button maintenance to L&I;
* Requirement that that an adult entertainment establishment must have written policies and procedures for implementation of the block list and panic buttons requirements, and must make such policies, procedures, and any other related records available for inspection by L&I upon request;
* Requirements for security personnel availability, task dedication, and when additional security may be needed; and
* Other areas in chapter 296-831 WAC may require amendments based on this rulemaking.

Other requirements of ESSB 6105 related to adult entertainment establishments are enforced by L&I’s Fraud Prevention and Labor Standards (FPLS) Division and those requirements are being adopted under a separate, but coordinated, rulemaking effort.

ESSB 6105 becomes effective January 1, 2025.

Additional information about this rulemaking:
CR-101 Preproposal [ [link removed] ]



Division: *Fraud Prevention and Labor Standards (Employment Standards)*

Topic: *Preproposal (CR-101) – Labor Standards for Adult Entertainment Establishments*

Brief Description: The purpose of this rulemaking is to implement the requirements of Engrossed Substitute Senate Bill 6105 [ [link removed] ] (ESSB 6105), codified under chapter 49.46 RCW, to address protections for entertainers at adult entertainment establishments under Chapter 296-128 WAC. ESSB 6105 includes the following labor standard requirements for an adult entertainment establishment:


* Apply leasing or other fees equally to all entertainers in an establishment, be stated in a written contract, and continue for at least three months;
* May not charge an entertainer any fees or interest for late or nonpayments, for failure to appear at a scheduled time, or that result in the entertainer carrying forward an unpaid balance from any previously incurred leasing fee;
* May not charge a leasing fee in an amount greater than the entertainer receives during the period of access or usage; or within an eight-hour period, any leasing fee that exceeds the lesser of $150 or 30% of amounts collected by the entertainer for nonprivate performance areas and 30% of amounts collected by the entertainer for private performance areas;
* If charging a leasing fee, the contract must include a method for estimating the total amounts collected by the entertainer in any eight hour period;
* Must display signage in designated areas on forbiddance of entertainers surrendering any tips or gratuities;
* May not take adverse action against an entertainer in response to the entertainer's use or collection of tips or gratuities; and
* Provide an entertainer with written notice of the reason or reasons for any termination or refusal to rehire the entertainer within 10 business days.

Chapter 49.46 RCW provides for L&I enforcement of the above requirements.

L&I’s Fraud Prevention and Labor Standards (FPLS) Division must adopt rules under the Washington Administrative Code (WAC) to implement and enforce these requirements related to adult entertainment establishments.

Other requirements related to adult entertainment establishments are enforced by L&I’s Division of Occupational Safety and Health (DOSH) and those requirements are being adopted under a separate, but coordinated, rulemaking effort.

ESSB 6105 becomes effective January 1, 2025.

Additional information about this rulemaking:
CR-101 Preproposal [ [link removed] ]



Division: *Fraud Prevention and Labor Standards (Employment Standards)*

Topic: *Expedited Proposal (CR-105) – Paid Sick Leave*

Brief Description: The purpose of this expedited rulemaking is to amend Chapter 296-128 WAC in accordance with recently passed legislation, Engrossed Substitute Senate Bill 5793 [ [link removed] ] (ESSB 5793) and Senate Bill 5979 [ [link removed] ] (SB 5979). The proposed rules implement ESSB 5793 and SB 5979 without material change. SB 5979 changes which workers in the construction industry must receive paid sick leave pay outs following separation. ESSB 5793 allows workers to use paid sick leave when their child's school or place of care is closed after the declaration of an emergency by a local or state government or agency, or by the federal government and expands the definition of family member.

L&I determined that expedited rulemaking is appropriate in order to align rule sections in accordance with recent changes to Washington state statutes, effective March 13, 2024, and January 1, 2025.

*Written objections due by: July 22, 2024*

Additional information about this rulemaking:
CR-105 Expedited Proposal [ [link removed] ]
Proposal Language [ [link removed] ]








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Washington State Department of Labor & Industries · 7273 Linderson Way SW · Tumwater WA 98501