To join on your computer or mobile app (Zoom):
https://lni-wa-gov.zoom.us/j/87075679462?pwd=ePBJQ2wvAbvYdydgkD0fFPMVb4YIx7.1

To join by phone (audio only):
253-205-0468 or 253-215-8782
Meeting ID: 870 7567 9462
Passcode: 140340150

A pre-hearing overview will begin at 1:00 p.m. The hearing will start at 2:00 p.m. and will continue until all oral comments are received. This public hearing will be held jointly with L&I’s Division of Occupational Safety and Health.

L&I encourages the submittal of written comments, due by 5:00 p.m. on October 18, 2024.

The purpose of this rulemaking is to clarify and implement the requirements of Engrossed Substitute Senate Bill 6105 (ESSB 6105), codified under RCW 49.46.360, to establish protections for entertainers at adult entertainment establishments. Updates to Chapter 296-128 WAC include: (1) Leasing or other fees must apply equally to all entertainers in an establishment, be stated in a written contract, and continue for at least three months; (2) Establishments may not charge an entertainer any fees or interest for late or non-payments, for failure to appear at a scheduled time, or that result in the entertainer carrying forward an unpaid balance from any previously incurred leasing fee; (3) Establishments may not charge a leasing fee in an amount greater than the entertainer receives during the period of access or usage; or within an eight-hour period, any leasing fee that exceeds the lesser of $150 or 30% of amounts collected by the entertainer for non-private performance areas and 30% of amounts collected by the entertainer for private performance areas; (4) If establishments charge a leasing fee, the contract must include a method for estimating the total amounts collected by the entertainer in any eight-hour period; (5) Establishments must display signage in designated areas on forbiddance of entertainers surrendering any tips or gratuities; (6) Establishments may not take adverse action against an entertainer in response to the entertainer's use or collection of tips or gratuities; and (7) Establishments must provide an entertainer with written notice of the reason or reasons for any termination or refusal to rehire the entertainer within 10 business days. The adopted rules also describe FPLS’s enforcement of ESSB 6105 including the complaint, investigation, citation, and appeals processes. L&I’s Division of Occupational Safety and Health (DOSH) conducted simultaneous rulemaking for the provisions of chapter 49.17 RCW under chapter 296-831 WAC.