Wash. Rev. Code » Title 50 · Chapter 50.04

Wash. Rev. Code § 50.04.100

Employment

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"Employment," subject only to the other provisions of this title, means personal service, of whatever nature, unlimited by any employment relationship as known to the common law or any other legal relationship, including service in interstate commerce, performed for wages or under any contract calling for the performance of personal services, written or oral, express or implied.
Except as provided by RCW 50.04.145, personal services performed for an employing unit by one or more contractors or subcontractors acting individually or as a partnership, which do not meet the provisions of RCW 50.04.140, shall be considered employment of the employing unit: PROVIDED, HOWEVER, That such contractor or subcontractor shall be an employer under the provisions of this title in respect to personal services performed by individuals for such contractor or subcontractor.
[ 2023 c 25 s 1; 1982 1st ex.s. c 18 s 14; 1945 c 35 s 11; Rem. Supp. 1945 s 9998-150. Prior: 1943 c 127 s 13; 1941 c 253 s 14; 1939 c 214 s 19; 1937 c 162 s 19.]

Notes:

Intent—2023 c 25: "In enacting this act, the legislature only intends to amend the Revised Code of Washington to use inclusive language. The legislature does not intend to either increase or reduce the scope of the definitions of "employment" contained in Title 50 or 50A RCW." [ 2023 c 25 s 3.]
Severability—Conflict with federal requirements—1982 1st ex.s. c 18: See notes following RCW 50.12.200.
Notes of Decisions
Cited in 27 cases (1 in the last 5 years), 1954–2023 · leading case: Western Ports Transportation, Inc. v. Employment Security Department
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Western Ports Transportation, Inc. v. Employment Security Department (2002) washctapp · cites it 7× “100 defines “employment” under the Act: “Employment”, subject only to the other provisions of this title, means personal service, of whatever nature, unlimited by the relationship of master and servant as known to the common law or any other legal relationship, including service…”
Daily Herald Co. v. Department of Employment Security (1979) wash · cites it 9× “The Commissioner of the Employment Security Department (department) held the newspaper liable for these unemployment compensation taxes on the basis that there were "personal services" being performed within the meaning of RCW 50.04.100. The department's holding was reversed by…”
Cascade Nursing Services, Ltd. v. Employment Security Department (1993) washctapp · cites it 10× “Cascade cross-appeals, asserting the trial court erred in failing to find that the Department was collaterally estopped from litigating the threshold question of whether the nurses were in "employment" of Cascade under RCW 50.04.100. Cascade also argues that, collateral estoppel…”
Affordable Cabs, Inc. v. Employment Security Department (2004) washctapp · cites it 4× “¶11 RCW 50.04.100 defines “[e]mployment” as, “personal service .”
Western Ports v. Employment SEC. Dept. (2002) washctapp · cites it 4× “100 defines "Employment" under the Act: "Employment", subject only to the other provisions of this title, means personal service, of whatever nature, unlimited by the relationship of master and servant as known to the common law or any other legal relationship, including service…”
Penick v. Employment Security Department (1996) washctapp · cites it 5× “On appeal, Penick contends that (1) the Commissioner lacked jurisdiction to decide the matter; (2) the contract drivers were not in his employment, as that term is used in RCW 50.04.100; and (3) he was entitled to an exemption for the contract drivers.”
Penick v. Employment SEC. Dept. (1996) washctapp · cites it 5× “On appeal, Penick contends that (1) the Commissioner lacked jurisdiction to decide the matter; (2) the contract drivers were not in his employment, as that term is used in RCW 50.04.100; and (3) he was entitled to an exemption for the contract drivers.”
Schuffenhauer v. Department of Employment Security (1975) wash · cites it 3× “The two issues before us are whether the services performed by clam diggers for Schuffenhauer constitute “employment” as defined in RCW 50.04.100 and 50.04.140 and, alternatively, whether he is exempt from assessment because the services performed fall within the agricultural…”
DeFelice v. Employment Security Department (2015) washctapp · cites it 2× “” RCW 50.04.100. If Drs. Loretta and Louise were partners, they would not be in “employment” as defined by the Employment Security Act.”
Lloyd's of Yakima Floor Center v. Department of Labor & Industries (1983) washctapp “2d 1157 (1979) where the court, in a somewhat analogous setting, found that newspaper bundle droppers, who under the terms of their contract were required to furnish a motor vehicle and were considered as independent contractors, did nevertheless perform personal services as…”
Language Connection, LLC v. Employment Security Department (2009) washctapp · cites it 7× “Under RCW 50.04.100, “employment” is defined as follows: “Employment”, subject only to the other provisions of this title, means personal service, of whatever nature, unlimited by the relationship of master and servant as known to the common law or any other legal relationship,…”
Daily Herald Co. v. Department of Employment Security (1977) washctapp · cites it 6× “The Department determined that the services performed by the bundle droppers for the Herald constituted "personal services" within the purview of RCW 50.04.100 1 which defines "employment" under the Employment Security Act.”
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