Revised Code of Washington

Wash. Rev. Code § 49.12.005 (2026)

Definitions

✓ current as of May 2026

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For the purposes of this chapter:

(1) "Department" means the department of labor and industries.

(2) "Director" means the director of the department of labor and industries, or the director's designated representative.

(3)(a) Before May 20, 2003, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees but does not include the state, any state institution, any state agency, political subdivision of the state, or any municipal corporation or quasi-municipal corporation. However, for the purposes of RCW 49.12.265 through 49.12.295, 49.12.350 through 49.12.370, 49.12.450, and 49.12.460 only, "employer" also includes the state, any state institution, any state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.

(b) On and after May 20, 2003, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. However, this chapter and the rules adopted thereunder apply to these public employers only to the extent that this chapter and the rules adopted thereunder do not conflict with: (i) Any state statute or rule; and (ii) respect to political subdivisions of the state and any municipal or quasi-municipal corporation, any local resolution, ordinance, or rule adopted under the authority of the local legislative authority before April 1, 2003.

(4) "Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise. "Employee" does not include an individual who is at least sixteen years old but under twenty-one years old, in his or her capacity as a player for a junior ice hockey team that is a member of a regional, national, or international league and that contracts with an arena owned, operated, or managed by a public facilities district created under chapter 36.100 RCW.

(5) "Conditions of labor" means and includes the conditions of rest and meal periods for employees including provisions for personal privacy, practices, methods and means by or through which labor or services are performed by employees and includes bona fide physical qualifications in employment, but shall not include conditions of labor otherwise governed by statutes and rules and regulations relating to industrial safety and health administered by the department.

(6) For the purpose of chapter 16, Laws of 1973 2nd ex. sess. a minor is defined to be a person of either sex under the age of eighteen years.

[ 2015 c 299 s 2; 2003 c 401 s 2; 1998 c 334 s 1; 1994 c 164 s 13; 1988 c 236 s 8; 1973 2nd ex.s. c 16 s 1.]

Notes:

Recognition—Intent—2015 c 299: "The legislature recognizes that junior ice hockey teams that are members of regional, national, or internationally recognized leagues provide significant benefits to their players by teaching them valuable athletic skills and interpersonal life skills. These junior teams also provide significant financial support to their communities as tenants of arenas owned, operated, or managed by public facilities districts. The legislature seeks to assist in the financial stability of public facilities districts and to ensure the viability of junior ice hockey in the state by clarifying that these young athletes are not employees of their teams." [ 2015 c 299 s 1.]

Findings—Purpose—Intent—Effective date—2003 c 401: See notes following RCW 49.12.187.

Construction—1998 c 334: See note following RCW 49.12.450.

Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 2002–2024 · leading case: McGinnis v. State, 99 P.3d 1240 (Wash. 2004).

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McGinnis v. State, 99 P.3d 1240 (Wash. 2004). · cites it 3× “Former RCW 49.12.005(3) (1973) (emphasis added).”

McGinnis v. State, 152 Wash. 2d 639 (Wash. 2004). · cites it 3× “Former RCW 49.12.005(3) (1973) (emphasis added).”

Wingert v. Yellow Freight Sys., Inc., 146 Wash. 2d 841 (Wash. 2002). “Yellow Freight also contends that its employees do not have a statutory wage claim because RCW 49.12.005(5) defines rest break requirements as “conditions of labor” rather than wages.”

Wingert v. Yellow Freight Sys., Inc., 50 P.3d 256 (Wash. 2002). “Yellow Freight also contends that its employees do not have a statutory wage claim because RCW 49.12.005(5) defines rest break requirements as "conditions of labor" rather than wages.”

Washington State Nurses Ass'n v. Sacred Heart Med. Ctr., 287 P.3d 516 (Wash. 2012). “…WAC 296-126-092 applies to all occupations subject to the IWA. In turn, the IWA broadly applies to all employees. RCW 49.12.005.”

Frese v. Snohomish Cnty., 120 P.3d 89 (Wash. Ct. App. 2005). “See RCW 49.12.005(3)(b), as amended by Laws of 2003, ch.”

Am. Hotel & Lodging Ass'n, Apps. v. City Of Seattle, Res., 432 P.3d 434 (Wash. Ct. App. 2018). “But the IWA expressly excludes "conditions of labor otherwise governed by statutes and rules and regulations relating to industrial safety and health" administered by the Department of Labor & Industries.”

Virginia Mason Med. Ctr., V. Rheannon Androckitis (Wash. Ct. App. 2024). · cites it 2× “16, § 1(5) (codified at RCW 49.12.005). To effectuate its enactment, the legislature mandated that the Department of Labor and Industries’ industrial welfare committee investigate the conditions of labor in this state and that, if the committee finds that in any occupation,…”

Arnold v. Marriott Int'l Inc (W.D. Wash. 2024). · cites it 2× “” Wash. Rev. Code § 49.12.005 (3)(b). In Ramirez v.”

Jude I. Doty v. Dep't Of Labor & Indus. (Wash. Ct. App. 2015). · cites it 2× “1221 16RCW49.12.005(3)(a). 17 RCW 49.12.320(1); WAC 296-125-015(2).”

Jeremy J. Moberg v. Terraqua, Inc. (Wash. Ct. App. 2017). “" RCW 49.12.005( 4). Below, both parties assumed that "employee" as used in the WP A and WRA should receive the same construction as the term's meaning under the MWA.”

Sampson v. Knight Transp., Inc. (Wash. 2019). “See RCW 49.12.005 (3)-(4). Agriculturallabor is exempt from the IWA.”

Show all 14 citing cases →

— Wash. Rev. Code § 49.12.005(3) — 2 cases

McGinnis v. State, 99 P.3d 1240 (Wash. 2004). “Former RCW 49.12.005(3) (1973) (emphasis added).”

McGinnis v. State, 152 Wash. 2d 639 (Wash. 2004). “Former RCW 49.12.005(3) (1973) (emphasis added).”

— Wash. Rev. Code § 49.12.005(3)(a) — 1 case

Jude I. Doty v. Dep't Of Labor & Indus. (Wash. Ct. App. 2015). “1221 16RCW49.12.005(3)(a). 17 RCW 49.12.320(1); WAC 296-125-015(2).”

— Wash. Rev. Code § 49.12.005(3)(b) — 1 case

Frese v. Snohomish Cnty., 120 P.3d 89 (Wash. Ct. App. 2005). “See RCW 49.12.005(3)(b), as amended by Laws of 2003, ch.”

— Wash. Rev. Code § 49.12.005(4) — 2 cases

Janee' Wolf v. IDA Mktg. Servs., Inc. (Wash. Ct. App. 2013).

Jude I. Doty v. Dep't Of Labor & Indus. (Wash. Ct. App. 2015). “1221 16RCW49.12.005(3)(a). 17 RCW 49.12.320(1); WAC 296-125-015(2).”

— Wash. Rev. Code § 49.12.005(5) — 3 cases

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