Section 296-128-99090 - Voluntary per trip earnings deduction contributions and reimbursements-Driver resource center(1) Beginning no later than June 9, 2023, each transportation network company must provide an opportunity for drivers to make voluntary per trip earnings deduction contributions to the driver resource center, if the transportation network company has 100 or more drivers authorize such a deduction.(2) The driver resource center will administer driver authorizations and revocations of the voluntary per trip earnings deduction contributions subject to the following: (a) Each driver must expressly authorize the deduction in writing;(b) Each deduction authorization must include sufficient information to identify the driver and driver's per trip deduction amount;(c) Such a deduction may reduce the driver's per trip earnings below the minimum compensation requirements set forth in RCW 49.46.300(13)(a) and all associated rules; and(d) A driver's authorization will remain in effect until the driver or driver resource center provides the driver's express revocation to the transportation network company.(3) The driver resource center must inform drivers that deductions will continue unless the driver requests express revocation or an adjustment of the deduction amount. The driver resource center may choose to meet this requirement by providing a standard form to drivers. If the driver resource center chooses to develop a standard form, it must: (a) Be made available in English and the driver's preferred language; and(b) Include the driver's requested per trip deduction amount.(4) Transportation network companies must rely on the information provided by the driver resource center regarding any authorization or revocation of a deduction.(5) A transportation network company may seek reimbursement from the driver resource center for costs associated with the deduction and remittance of voluntary per-trip earnings deduction contributions. Costs associated with deductions and remittances eligible for reimbursement include: (a) Administrative costs; and(b) Any transfer fees, charges, or other costs associated with any bank fees.(6) The transportation network company must submit any reimbursement requests for costs associated with the deduction and remittance of voluntary per-trip earnings deduction contributions to the driver resource center by no later than 28 calendar days following the end of the month in which costs were accrued.(7) With each reimbursement request, a transportation network company must provide the following supporting documents: (a) A list of the drivers from whose compensation such deductions were made and the amounts deducted during that month; and(b) Supporting documentation showing any claimed administrative costs, transfer fees, charges, or other associated costs.(8) The driver resource center must issue a reimbursement to the transportation network company by no later than 28 calendar days following the reimbursement request.(9) The driver resource center may deny a transportation network company's request for reimbursement of costs associated with deduction and remittance, if the request does not include supporting records sufficient to show the costs are reasonably related to the deduction or remittance of voluntary per-trip earnings deductions.(10) The transportation network company may resubmit the request within 30 days of the rejection with additional supporting documents for further consideration.(11) If the driver resource center denies a transportation network company's request for reimbursement of costs associated with deduction and remittance after providing further documentation, the transportation network company may request the department review the submissions and issue an order determining whether the reimbursement should be paid. Such an order will be subject to review under the provisions of chapter 34.05 RCW.(12) The transportation network company must keep records of all costs associated with reimbursement requests for deduction and remittance costs for three years.Wash. Admin. Code § 296-128-99090
Adopted by WSR 22-24-034, Filed 11/30/2022, effective 1/1/2023