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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
An employee employed in domestic service who files a complaint or brings suit alleging discrimination in violation of RCW 49.60.180 shall be entitled to all the procedural and substantive rights available under this chapter except when:
The employer is a person who is elderly or has a disability that results in discriminatory or harassing behaviors;
The employer or a hiring entity informs the employee providing home care or personal care services to a person who has a documented behavioral condition, that the employer or hiring entity has reason to believe that those behaviors will result in discrimination and abusive conduct likely occurring in or around the client's home prior to assigning the employee to that client and throughout the duration of service;
The behaviors can be shown as directly resulting from a diagnosed and documented cognitive impairment; and
The employee voluntarily agrees to initiate or continue the employment relationship; or
The employer or hiring entity receiving personal care services, as defined in RCW 74.39A.009, refuses to hire an employee based on gender preferences.
The following are the only employments which shall not be included within the mandatory coverage of this title:
1.
A person whose employment is not in the course of the trade, business, or profession of his or her employer and is not in or about the private home of the employer.
Any person performing services in return for aid or sustenance only, received from any religious or charitable organization.
Sole proprietors or partners.
Any child under eighteen years of age employed by his or her parent or parents in agricultural activities on the family farm.
Jockeys while participating in or preparing horses for race meets licensed by the Washington horse racing commission pursuant to chapter 67.16 RCW.
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Except as otherwise provided in (b) of this subsection, any bona fide officer of a corporation voluntarily elected or voluntarily appointed in accordance with the articles of incorporation or bylaws of the corporation, who at all times during the period involved is also a bona fide director, and who is also a shareholder of the corporation. Only such officers who exercise substantial control in the daily management of the corporation and whose primary responsibilities do not include the performance of manual labor are included within this subsection.
Alternatively, a corporation that is not a "public company" as defined in RCW 23B.01.400 may exempt eight or fewer bona fide officers, who are voluntarily elected or voluntarily appointed in accordance with the articles of incorporation or bylaws of the corporation and who exercise substantial control in the daily management of the corporation, from coverage under this title without regard to the officers' performance of manual labor if the exempted officer is a shareholder of the corporation, or may exempt any number of officers if all the exempted officers are related by blood within the third degree or marriage. If a corporation that is not a "public company" elects to be covered under (a) of this subsection, the corporation's election must be made on a form prescribed by the department and under such reasonable rules as the department may adopt.
Determinations respecting the status of persons performing services for a corporation shall be made, in part, by reference to Title 23B RCW and to compliance by the corporation with its own articles of incorporation and bylaws. For the purpose of determining coverage under this title, substance shall control over form, and mandatory coverage under this title shall extend to all workers of this state, regardless of honorary titles conferred upon those actually serving as workers.
A corporation may elect to cover officers who are exempted by this subsection in the manner provided by RCW 51.12.110.
Services rendered by a musician or entertainer under a contract with a purchaser of the services, for a specific engagement or engagements when such musician or entertainer performs no other duties for the purchaser and is not regularly and continuously employed by the purchaser. A purchaser does not include the leader of a group or recognized entity who employs other than on a casual basis musicians or entertainers.
Services performed by a newspaper vendor, carrier, or delivery person selling or distributing newspapers on the street, to offices, to businesses, or from house to house and any freelance news correspondent or "stringer" who, using his or her own equipment, chooses to submit material for publication for free or a fee when such material is published.
Services performed by an insurance producer, as defined in RCW 48.17.010, or a surplus line broker licensed under chapter 48.15 RCW.
Services performed by a booth renter. However, a person exempted under this subsection may elect coverage under RCW 51.32.030.
Members of a limited liability company, if either:
Management of the company is vested in its members, and the members for whom exemption is sought would qualify for exemption under subsection (3) of this section were the company a sole proprietorship or partnership; or
Management of the company is vested in one or more managers, and the members for whom the exemption is sought are managers who would qualify for exemption under subsection (6) of this section were the company a corporation.
For hire vehicle operators under chapter 46.72 RCW who own or lease the for hire vehicle, chauffeurs under chapter 46.72A RCW who own or lease the limousine, and operators of taxicabs under chapter 81.72 RCW who own or lease the taxicab. An owner or lessee may elect coverage in the manner provided by RCW 51.32.030.