Bill > HB2191

This bill establishes new provisions within Washington state law to ensure construction workers are paid wages and benefits owed to them, particularly addressing issues within the "underground economy" where workers may be misclassified as independent contractors or face non-payment from subcontractors. It makes "owners" (those who commission construction projects) and "direct contractors" (those who contract directly with owners) jointly and severally liable for unpaid wages, fringe benefit contributions (like payments to retirement or health plans), missed meal and rest period compensation, reimbursements for work-related expenses, and penalties owed to employees of the direct contractor or any subcontractor, provided those employees are "unrepresented" (not covered by a collective bargaining agreement with a grievance process for wage recovery). Unrepresented employees or their authorized representatives can sue owners, direct contractors, or subcontractors for these unpaid amounts, with mandatory penalties and double damages, and can recover attorney fees and costs. Before suing an owner or direct contractor, a written notice of the alleged violation must be sent, giving them 21 days to correct it, and a lawsuit cannot be filed if the violation is corrected within that timeframe. The bill invalidates any agreements that waive or release liability for owners or direct contractors and creates a rebuttable presumption that individuals performing labor on a construction project are employees, not independent contractors, unless they meet specific criteria. It also requires subcontractors to provide certain payroll and compliance records to owners and direct contractors upon request, and allows owners and direct contractors to withhold payment from subcontractors who fail to comply or who have had wages paid on their behalf. Importantly, these new liabilities for owners do not apply to contracts for their primary residence or for properties with five or fewer residential or commercial units.

Labor and Employment

https://app.leg.wa.gov/billsummary?BillNumber=2191&Year=2025&Initiative=false