Wash. Rev. Code » Title 49 · Chapter 49.44

Wash. Rev. Code § 49.44.170

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(1) It is an unfair practice for any public employer to:
(a) Misclassify any employee to avoid providing or continuing to provide employment-based benefits; or
(b) Include any other language in a contract with an employee that requires the employee to forgo employment-based benefits.
(2) The definitions in this subsection apply throughout chapter 155, Laws of 2002 unless the context clearly requires otherwise.
(a) "Employee" means a person who is providing services for compensation to an employer, unless the person is free from the employer's direction and control over the performance of work. This definition shall be interpreted consistent with common law.
(b) "Employment-based benefits" means any benefits to which employees are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification.
(c) "Public employer" means: (i) Any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision; and (ii) the state, state institutions, and state agencies. This definition shall be interpreted consistent with common law.
(d) "Misclassify" and "misclassification" means to incorrectly classify or label a long-term public employee as "temporary," "leased," "contract," "seasonal," "intermittent," or "part-time," or to use a similar label that does not objectively describe the employee's actual work circumstances.
(3) An employee deeming himself or herself harmed in violation of subsection (1) of this section may bring a civil action in a court of competent jurisdiction.
[ 2002 c 155 s 2.]

Notes:

Construction—Severability—2002 c 155: See notes following RCW 49.44.160.
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2003–2022 · leading case: Lane v. Harborview Medical Center
Sort: Relevance Newest Treatment
Lane v. Harborview Medical Center (2010) washctapp · cites it 6× “RCW 49.44.170(1), (2)(d). Specifically, she argues that, because she worked as much as, if not more than, a classified part-time nurse, Harborview has deprived her of pay steps, vacation, sick leave, holiday pay, deferred compensation, cost of living raises, and seniority, all…”
Mader v. Health Care Authority (2003) wash · cites it 2× “The 2002 Final Legislative Report, which became RCW 49.44.170, states, “The practice of providing less generous compensation to some contingent workers is sometimes justified on the basis that the employer should provide more generous compensation to persons who perform…”
Lane v. HARBORVIEW MEDICAL CENTER (2010) washctapp · cites it 9× “RCW 49.44.170(1), (2)(d). Specifically, she argues that, because she worked as much as, if not more than, a classified part-time nurse, Harborview has deprived her of pay steps, vacation, sick leave, holiday pay, deferred compensation, cost of living raises, and seniority, all…”
Mader v. Health Care Authority (2003) wash · cites it 2× “The 2002 Final Legislative Report, which became RCW 49.44.170, states, "The practice of providing less generous compensation to some contingent workers is sometimes justified on the basis that the employer should provide more generous compensation to persons who perform…”
Tamara T. Roberson, V. Clover Park Technical College (2022) washctapp · cites it 13× “She also argues Clover Park (2) violated RCW 49.44.170 by misclassifying her employment, (3) violated RCW 41.”
Karl Kersteter, V. Concrete School District (2022) washctapp · cites it 10× “3 Kersteter amended his complaint, removing those claims and instead alleging causes of action for: (1) unjust enrichment and/or in the alternative, quantum meruit; (2) misclassification as a part-time worker under RCW 49.44.170; and (3) attorney fees under the Washington wage…”
Krause v. Adams County (2020) waed · cites it 2× “Washington Statute 11 Plaintiff asserts that she has a cause of action under RCW 49.44.170(1), 12 which requires proper classification of employees by public employers: 13 Washington law prohibits failure to properly classify a public employee.”
— Wash. Rev. Code § 49.44.170(1) — 3 cases
Lane v. Harborview Medical Center (2010) washctapp “RCW 49.44.170(1), (2)(d). Specifically, she argues that, because she worked as much as, if not more than, a classified part-time nurse, Harborview has deprived her of pay steps, vacation, sick leave, holiday pay, deferred compensation, cost of living raises, and seniority, all…”
Lane v. HARBORVIEW MEDICAL CENTER (2010) washctapp “RCW 49.44.170(1), (2)(d). Specifically, she argues that, because she worked as much as, if not more than, a classified part-time nurse, Harborview has deprived her of pay steps, vacation, sick leave, holiday pay, deferred compensation, cost of living raises, and seniority, all…”
Krause v. Adams County (2020) waed “Washington Statute 11 Plaintiff asserts that she has a cause of action under RCW 49.44.170(1), 12 which requires proper classification of employees by public employers: 13 Washington law prohibits failure to properly classify a public employee.”
— Wash. Rev. Code § 49.44.170(1)(a) — 2 cases
Lane v. Harborview Medical Center (2010) washctapp “RCW 49.44.170(1), (2)(d). Specifically, she argues that, because she worked as much as, if not more than, a classified part-time nurse, Harborview has deprived her of pay steps, vacation, sick leave, holiday pay, deferred compensation, cost of living raises, and seniority, all…”
Lane v. HARBORVIEW MEDICAL CENTER (2010) washctapp “RCW 49.44.170(1), (2)(d). Specifically, she argues that, because she worked as much as, if not more than, a classified part-time nurse, Harborview has deprived her of pay steps, vacation, sick leave, holiday pay, deferred compensation, cost of living raises, and seniority, all…”
— Wash. Rev. Code § 49.44.170(1)(b) — 1 case
Lane v. HARBORVIEW MEDICAL CENTER (2010) washctapp “RCW 49.44.170(1), (2)(d). Specifically, she argues that, because she worked as much as, if not more than, a classified part-time nurse, Harborview has deprived her of pay steps, vacation, sick leave, holiday pay, deferred compensation, cost of living raises, and seniority, all…”
— Wash. Rev. Code § 49.44.170(2)(c) — 1 case
Tamara T. Roberson, V. Clover Park Technical College (2022) washctapp “She also argues Clover Park (2) violated RCW 49.44.170 by misclassifying her employment, (3) violated RCW 41.”
— Wash. Rev. Code § 49.44.170(2)(d) — 4 cases
Lane v. Harborview Medical Center (2010) washctapp “RCW 49.44.170(1), (2)(d). Specifically, she argues that, because she worked as much as, if not more than, a classified part-time nurse, Harborview has deprived her of pay steps, vacation, sick leave, holiday pay, deferred compensation, cost of living raises, and seniority, all…”
Mader v. Health Care Authority (2003) wash “The 2002 Final Legislative Report, which became RCW 49.44.170, states, “The practice of providing less generous compensation to some contingent workers is sometimes justified on the basis that the employer should provide more generous compensation to persons who perform…”
Mader v. Health Care Authority (2003) wash “The 2002 Final Legislative Report, which became RCW 49.44.170, states, "The practice of providing less generous compensation to some contingent workers is sometimes justified on the basis that the employer should provide more generous compensation to persons who perform…”
Lane v. HARBORVIEW MEDICAL CENTER (2010) washctapp “RCW 49.44.170(1), (2)(d). Specifically, she argues that, because she worked as much as, if not more than, a classified part-time nurse, Harborview has deprived her of pay steps, vacation, sick leave, holiday pay, deferred compensation, cost of living raises, and seniority, all…”
— Wash. Rev. Code § 49.44.170(a)(1) — 1 case
Tamara T. Roberson, V. Clover Park Technical College (2022) washctapp “She also argues Clover Park (2) violated RCW 49.44.170 by misclassifying her employment, (3) violated RCW 41.”
— Wash. Rev. Code § 49.44.170(c) — 1 case
Tamara T. Roberson, V. Clover Park Technical College (2022) washctapp “She also argues Clover Park (2) violated RCW 49.44.170 by misclassifying her employment, (3) violated RCW 41.”
— Wash. Rev. Code § 49.44.170(d) — 1 case
Tamara T. Roberson, V. Clover Park Technical College (2022) washctapp “She also argues Clover Park (2) violated RCW 49.44.170 by misclassifying her employment, (3) violated RCW 41.”
— Wash. Rev. Code § 49.44.170(l)(a) — 1 case
Lane v. Harborview Medical Center (2010) washctapp “RCW 49.44.170(1), (2)(d). Specifically, she argues that, because she worked as much as, if not more than, a classified part-time nurse, Harborview has deprived her of pay steps, vacation, sick leave, holiday pay, deferred compensation, cost of living raises, and seniority, all…”
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