Wash. Rev. Code » Title 49 · Chapter 49.12
Revised Code of Washington

Wash. Rev. Code § 49.12.105 (2026)

✓ current as of May 2026
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An employer may apply to the director for an order for a variance from any rule or regulation establishing a standard for wages, hours, or conditions of labor adopted by the director under this chapter. The director shall issue an order granting a variance if the director determines or decides that the applicant for the variance has shown good cause for the lack of compliance. Any order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, standards and processes which the employer must adopt and utilize to the extent they differ from the standard in question. At any time the director may terminate and revoke such order, provided the employer was notified by the director of the termination at least thirty days prior to said termination.
[ 1994 c 164 s 18; 1973 2nd ex.s. c 16 s 8.]
Notes of Decisions
Cited in 5 cases, 2000–2017 · leading case: Wingert v. Yellow Freight Sys., Inc., 146 Wash. 2d 841 (Wash. 2002).
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Wingert v. Yellow Freight Sys., Inc., 146 Wash. 2d 841 (Wash. 2002). · cites it 2× “Allowing a collective bargaining agreement to decrease the frequency of workers’ rest periods, especially without complying with RCW 49.12.105 in seeking a variance from the regulation’s standards, would thwart that fundamental purpose.”
Wingert v. Yellow Freight Sys., Inc., 50 P.3d 256 (Wash. 2002). · cites it 2× “Allowing a collective bargaining agreement to decrease the frequency of workers' rest periods, especially without complying with RCW 49.12.105 in seeking a variance from the regulation's standards, would thwart that fundamental purpose.”
Lawrence Hill, Adam Wise, & Robert Miller, Res. v. Garda Cl Nw., Inc., App., 2017 L.R.R.M. (BNA) 97 (Wash. Ct. App. 2017). · cites it 2× “” RCW 49.12.105. “‘Good cause’ means, but is not limited to, those situations where the employer can justify the variance and can prove that the variance does not have a harmful effect on the health, safety, and welfare of the employees involved.”
Wingert v. Yellow Freight Sys., Inc., 13 P.3d 677 (Wash. Ct. App. 2000). “RCW 49.12.105 allows employers to apply for a variance from these standards for good cause.”
Wingert v. Yellow Freight Sys., Inc., 13 P.3d 677 (Wash. Ct. App. 2001). “[20] RCW 49.12.105 allows employers to apply for a variance from these standards for good cause.”
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