Working Conditions in Adult Entertainment Establishments
Rulemaking

Status

The Department of Labor & Industries (L&I) Division of Occupational Safety & Health (DOSH) and Fraud Prevention & Labor Standards (FPLS) are conducting rulemaking related to Engrossed Substitute Senate Bill (ESSB) 6105. This rulemaking establishes new safety and health, and labor standards, requirements for adult entertainment establishments.

L&I filed Permanent Rulemaking (CR-103) for Chapter 296-128 WAC (FPLS rules) and  Permanent Rulemaking (CR-103) for Chapter 296-831 WAC (DOSH rules) on December 2, 2024. The rules are effective January 2, 2025.

See L&I’s Rulemaking Activity webpage for additional details.

Background

Adult entertainment establishments will be subject to the new requirements beginning January 1, 2025.

Requirements for establishments which address safety and health include:

  • Providing training to employees other than entertainers;
  • Providing “accessible” panic buttons in specified areas of the establishment;
  • Recordkeeping and written policies/procedures related to block lists;
  • Providing dedicated security personnel; and
  • Other requirements related to cleaning supplies, secure access for dressing or locker rooms, signage, and additional written processes and procedures.

Requirements for establishments which address labor standards include:

  • Applying leasing or other fees equally to all entertainers in an establishment as stated in a written contract;
  • If charging a leasing fee, the contract must include a method for estimating amounts collected in any eight-hour period;
  • Not charging fees or interest for late or non-payments, failure to appear at a scheduled time, or that result in the entertainer carrying forward an unpaid balance from previously incurred leasing fees;
  • Not charging 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 rates set for non-private and private performance areas;
  • Displaying signage in designated areas on tip/gratuity and retaliation protections; and
  • Providing written notice of the reason(s) for any termination or refusal to rehire.
Meetings & Timeline
Activity​ Date
Effective date for adopted rules​ January 2, 2025
Filed CR-103P Permanent Rulemaking Order - Chapter 296-128 WAC​ (FPLS)​
​Filed CR-103P Permanent Rulemaking Order - Chapter 296-831 WAC (DOSH)​​​		 December 2, 2024
Public Hearings: Tukwila, virtual/phone​ October 14 & 15, 2024​
Filed CR-102 Proposed Rulemaking - Chapter 296-128 WAC (FPLS)​ September 3, 2024
Filed CR-102 Proposed Rulemaking - Chapter 296-831 WAC (DOSH)​ September 4, 2024
Filed CR-101 Pre-proposal Statement of Inquiry - Chapter 296-128 WAC​ (FPLS)​
​Filed CR-101 Pre-proposal Statement of Inquiry - Chapter 296-831 WAC (DOSH)​​​		 May 7, 2024​​​

Meeting Materials

    Public hearing materials

    Stakeholder Meeting Materials

    Previous meetings

    • May 30, 2024, Tukwila/Virtual
    Rule Drafts & Documents

    Rule Adoption

    FPLS Adopted Rule - Chapter 296-128 WAC

    Filed December 2, 2024; effective January 2, 2025

    DOSH Adopted Rule - Chapter 296-831 WAC

    Filed December 2, 2024; effective January 2, 2025

    Proposed permanent rule documents

    FPLS Proposed Rule

    Filed September 3, 2024; comments due by 5:00 p.m. on October 18, 2024.

    DOSH Proposed Rule

    Filed September 4, 2024; comments due by 5:00 p.m. on October 18, 2024.

        Pre-proposal filing documents

        Filed May 7, 2024.

        Stakeholder drafts

        Preliminary Drafts, July 30, 2024

        Initial Drafts, June 26, 2024

        Additional Resources

        In 2019, the Washington State Legislature passed and signed into law Engrossed House Bill 1756 (EHB 1756), addressing the safety and security of adult entertainers. EHB 1756, codified at RCW 49.17.470, required that beginning July 1, 2020, adult entertainers must take a “know your rights” training and provide proof of training completion in order to receive or renew an adult entertainer license issued by a local government.

        This training is required for adult entertainer licensing and includes:

        • education about the rights and responsibilities of entertainers, including with respect to working as an employee or independent contractor;
        • reporting of workplace injuries, including sexual and physical abuse and sexual harassment;
        • financial aspects of the entertainer profession;
        • the risk of human trafficking; and
        • resources for assistance.

        RCW 49.17.470 tasked L&I with convening an adult entertainer advisory committee. The advisory committee considered whether additional measures would increase safety and security of adult entertainers. The committee also identified measures that would require legislative action and reported these recommendations to the Legislature in November 2020.

        ESSB 6105 passed the Washington State Legislature and was signed into law on March 25, 2024. This rulemaking establishes new safety and health, and labor standards, requirements for adult entertainment establishments.

        Staff Contact

        For rulemaking questions, please contact us at AERules@Lni.wa.gov.

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