wa-law.org > bill > 2025-26 > SB 6302 > Original Bill
No contractor or subcontractor may engage more than two independent contractors, as described in RCW 39.12.100, to perform covered finishing work on a public works project.
If a contractor or subcontractor violates subsection (1) of this section, any individual engaged by the contractor or subcontractor to perform covered finishing work is a laborer for the purposes of this chapter and an employee for the purposes of Title 51 RCW.
For the purposes of this section, "covered finishing work" means work in drywall, flooring, tiling, painting, and glazier and glasswork.
For the purposes of this chapter, an individual employed on a public works project is not considered to be a laborer, worker, or mechanic when:
The individual has been and is free from control or direction over the performance of the service, both under the contract of service and in fact;
The service is either outside the usual course of business for the contractor or contractors for whom the individual performs services, or the service is performed outside all of the places of business of the enterprise for which the individual performs services, or the individual is responsible, both under the contract and in fact, for the costs of the principal place of business from which the service is performed;
The individual is customarily engaged in an independently established trade, occupation, profession, or business, of the same nature as that involved in the contract of service, or the individual has a principal place of business for the business the individual is conducting that is eligible for a business deduction for federal income tax purposes other than that furnished by the employer for which the business has contracted to furnish services;
On the effective date of the contract of service, the individual is responsible for filing at the next applicable filing period, both under the contract of service and in fact, a schedule of expenses with the internal revenue service for the type of business the individual is conducting;
On the effective date of the contract of service, or within a reasonable period after the effective date of the contract of service, the individual has an active and valid certificate of registration with the department of revenue, and an active and valid account with any other state agencies as required by the particular case, for the business the individual is conducting for the payment of all state taxes normally paid by employers and businesses and has registered for and received a unified business identifier number from the state of Washington;
On the effective date of the contract of service, the individual is maintaining a separate set of books or records that reflect all items of income and expenses of the business which the individual is conducting; and
On the effective date of the contract of service, if the nature of the work performed requires registration under chapter 18.27 RCW or licensure under chapter 18.106, 19.28, or 70.87 RCW, the individual has the contractor registration and contractor licenses required by the laws of this state including chapters 18.27, 18.106, 19.28, and 70.87 RCW.
This section does not apply to individuals performing covered finishing work that are laborers pursuant to section 1(2) of this act.
"Employee" shall have the same meaning as "worker" when the context would so indicate, and shall include all officers of the state, state agencies, counties, municipal corporations, or other public corporations, or political subdivisions.
"Employee" includes individuals performing covered finishing work that are employees pursuant to section 1(2) of this act.
As an exception to the definition of "employer" under RCW 51.08.070 and the definition of "worker" under RCW 51.08.180, services performed by an individual for remuneration shall not constitute employment subject to this title if it is shown that:
The individual has been and will continue to be free from control or direction over the performance of the service, both under the contract of service and in fact; and
The service is either outside the usual course of business for which the service is performed, or the service is performed outside all of the places of business of the enterprise for which the service is performed, or the individual is responsible, both under the contract and in fact, for the costs of the principal place of business from which the service is performed; and
The individual is customarily engaged in an independently established trade, occupation, profession, or business, of the same nature as that involved in the contract of service, or the individual has a principal place of business for the business the individual is conducting that is eligible for a business deduction for federal income tax purposes; and
On the effective date of the contract of service, the individual is responsible for filing at the next applicable filing period, both under the contract of service and in fact, a schedule of expenses with the internal revenue service for the type of business the individual is conducting; and
On the effective date of the contract of service, or within a reasonable period after the effective date of the contract, the individual has established an account with the department of revenue, and other state agencies as required by the particular case, for the business the individual is conducting for the payment of all state taxes normally paid by employers and businesses and has registered for and received a unified business identifier number from the state of Washington; and
On the effective date of the contract of service, the individual is maintaining a separate set of books or records that reflect all items of income and expenses of the business which the individual is conducting.
This section does not apply to individuals performing covered finishing work that are employees pursuant to section 1(2) of this act.