Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) Department means the department of labor and industries.
(2) Theatrical enterprise means the production of any circus, vaudeville, carnival, revue, variety show, musical comedy, operetta, opera, drama, endurance contest, marathon, walkathon, or any other entertainment event where persons are a part of the enterprise's presentation. Theatrical enterprise does not include a program of a radio or television station operating pursuant to a license issued by the federal communications commission or any event produced by a nonprofit cultural or artistic organization that has been located in a community for at least two years.
Payment of wages—Cash deposit or bond required.
(1) Any person engaged in the business of promoting a theatrical enterprise in this state shall deposit with the department the cash or a bond issued by a surety company authorized to do business in this state in an amount determined sufficient by the department to pay the wages of every person involved in the production of the theatrical enterprise for the period for which a single payment of wages is made, but not to exceed one week.
(2) The deposit required under subsection (1) of this section shall be on file with the department seven calendar days before the commencement of the theatrical enterprise.
Action to require cash deposit or bond.
If a person engaged in the business of promoting a theatrical enterprise fails to deposit cash or the bond required under RCW
49.38.020, the department may bring an action in the superior court to compel such person to deposit the cash or bond or cease doing business until he or she has done so.
Payment of wages—Action against cash deposit or bond—Limitations.
Any person having a claim for wages against a person engaged in the business of promoting a theatrical enterprise may bring an action against the bond or cash deposit in the district or superior court of the county in which the theatrical enterprise is produced or any county in which the principal on the bond resides or conducts business. An action against the bond may be brought against the named surety without joining the principal named in the bond. The liability of the surety shall not exceed the amount named in the bond. Any action brought under this chapter shall be commenced within one year after the completion of the work for which wages are alleged to be due and owing under this chapter. If a cash deposit has been made in lieu of a surety bond and if judgment is entered against the depositor and deposit, then the department shall upon receipt of a certified copy of a final judgment within one year of the date of entry of such judgment pay the judgment from the deposit. The priority of payment by the department shall be the order of receipt by the department, but the department shall have no liability for payment in excess of the amount of the deposit.
Recovery of attorney's fees and costs.
In an action brought pursuant to RCW
49.38.040, the prevailing party is entitled to reasonable attorney's fees and costs.
Penalty.
Any person who violates this chapter is guilty of a gross misdemeanor.
Department to adopt rules.
The department may adopt rules under chapter
34.05 RCW to carry out the provisions of this chapter.
