WAC 296-126-002   Definitions.  (1) "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, unless exempted by chapter 49.12 RCW or these rules. For purposes of these rules, the state or its political subdivisions, municipal corporations, or quasi-municipal corporations (collectively called "public employers") are considered to be "employers" and subject to these rules in the following manner:

     (a) Before May 20, 2003, public employers are not subject to these rules unless the rules address:

     (i) Sick leave and care of family members under RCW 49.12.265 through 49.12.295.

     (ii) Parental leave under RCW 49.12.350 through 49.12.370.

     (iii) Compensation for required employee uniforms under RCW 49.12.450.

     (iv) Employers' duties towards volunteer firefighters and reserve officers under RCW 49.12.460.

     (b) On or after May 20, 2003, public employers are subject to these rules only if these rules do not conflict with the following:

     (i) Any state statute or rule.

     (ii) Any local resolution, ordinance, or rule adopted before April 1, 2003.

     (2) "Employee" means an employee who is employed in the business of his employer whether by way of manual labor or otherwise. "Employee" does not include:

     (a) Any individual registered as a volunteer with a state or federal volunteer program or any person who performs any assigned or authorized duties for an educational, religious, governmental or nonprofit charitable corporation by choice and receives no payment other than reimbursement for actual expenses necessarily incurred in order to perform such volunteer services;

     (b) Any individual employed in a bona fide executive, administrative or professional capacity or in the capacity of outside salesperson;

     (c) Independent contractors where said individuals control the manner of doing the work and the means by which the result is to be accomplished.

     (3) "Employ" means to engage, suffer or permit to work.

     (4) "Adult" means any person eighteen years of age or older.

     (5) "Minor" means any person under eighteen years of age.

     (6) "Student learner" means a person enrolled in a bona fide vocational training program accredited by a national or regional accrediting agency recognized by the United States Office of Education, or authorized and approved by the Washington state commission for vocational education, who may be employed part time in a definitely organized plan of instruction.

     (7) "Learner" means a worker whose total experience in an authorized learner occupation is less than the period of time allowed as a learning period for that occupation in a learner certificate issued by the director pursuant to regulations of the department of labor and industries.

     (8) "Hours worked" shall be considered to mean all hours during which the employee is authorized or required by the employer to be on duty on the employer's premises or at a prescribed work place.

     (9) "Conditions of labor" shall mean and include 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.

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

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



[Statutory Authority: Chapter 49.12 RCW. 10-04-092, § 296-126-002, filed 2/2/10, effective 3/15/10; Order 76-15, § 296-126-002, filed 5/17/76; Order 74-9, § 296-126-002, filed 3/13/74, effective 4/15/74.]