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title-49•Title 49 RCW — Labor Regulations
(1) The department of labor and industries is the agency with responsibility and accountability for apprenticeship within the state for federal purposes. The director of labor and industries shall appoint a regulatory apprenticeship council, composed of three representatives each from employer and employee organizations, respectively. The terms of office of the members of the apprenticeship council first appointed by the director of labor and industries shall be as follows: One representative each of employers and employees shall be appointed for one year, two years, and three years, respectively. Thereafter, each member shall be appointed for a term of three years. The director of labor and industries shall also appoint a public member to the apprenticeship council for a three-year term. Each member shall hold office until a successor is appointed and has qualified and any vacancy shall be filled by appointment for the unexpired portion of the term. A designated representative from each of the following: The workforce training and education coordinating board, state board for community and technical colleges, employment security department, and United States department of labor, apprenticeship, training, employer, and labor services, shall be ex officio members of the apprenticeship council. Ex officio members shall have no vote. Each member of the council, not otherwise compensated by public moneys, shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and shall be compensated in accordance with RCW 43.03.240.
(2) The apprenticeship council is authorized to approve apprenticeship programs, and establish apprenticeship program standards as rules, including requirements for apprentice-related and supplemental instruction, coordination of instruction with job experiences, and instructor qualifications. The council shall consider recommendations from the state board for community and technical colleges on matters of apprentice-related and supplemental instruction, coordination of instruction with job experiences, and instructor qualifications. The rules for apprenticeship instructor qualifications shall either be by reference or reasonably similar to the applicable requirements established by or pursuant to chapter 28B.50 RCW. The director is authorized to adopt rules as may be necessary to carry out the intent and purposes of this chapter, after consultation with the council and receiving the council's recommendations, including a procedure to resolve an impasse should a tie vote of the council occur, and perform such other duties as are hereinafter imposed.
(3) Not less than once a year the apprenticeship council shall make a report to the director of labor and industries of its activities and findings which shall be available to the public.
[ 2011 1st sp.s. c 21 s 22; 2011 c 308 s 1; 2001 c 204 s 1; 1984 c 287 s 97; 1982 1st ex.s. c 39 s 2; 1979 ex.s. c 37 s 1; 1977 c 75 s 72; 1975-'76 2nd ex.s. c 34 s 143; 1967 c 6 s 1; 1961 c 114 s 1; 1941 c 231 s 1; Rem. Supp. 1941 s 7614-3. Formerly RCW 49.04.010 and 49.04.020. ]
NOTES:
Reviser's note: This section was amended by 2011 c 308 s 1 and by 2011 1st sp.s. c 21 s 22, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
The director of labor and industries shall appoint and deputize an assistant director to be known as the supervisor of apprenticeship. Under the supervision of the director of labor and industries and with the advice and guidance of the apprenticeship council, the supervisor shall: (1) Encourage and promote apprenticeship programs conforming to the standards established under this chapter, and in harmony with the policies of the United States department of labor; (2) act as secretary of the apprenticeship council and of state apprenticeship committees; (3) when authorized by the apprenticeship council, register apprenticeship agreements that are in the best interests of the apprentice and conform with standards established under this chapter; (4) keep a record of apprenticeship agreements and upon successful completion issue certificates of completion of apprenticeship; (5) when authorized by the council, terminate or cancel any apprenticeship agreements in accordance with the provisions of the agreements; and (6) conduct reviews for compliance with this chapter, rules established under this chapter, and 29 C.F.R. Parts 29 and 30.
The supervisor may act to bring about the settlement of differences arising out of the apprenticeship agreement where such differences cannot be adjusted locally. The director of labor and industries is authorized to appoint such other personnel as may be necessary to aid the supervisor of apprenticeship in the execution of the supervisor's functions under this chapter.
[ 2011 c 308 s 2; 2001 c 204 s 2; 1979 ex.s. c 37 s 2; 1961 c 114 s 2; 1941 c 231 s 2; Rem. Supp. 1941 s 7614-4. ]
NOTES:
Rehabilitation services for individuals with disabilities: Chapter 74.29 RCW.
(1) In addition to the duties established under RCW 49.04.030, the supervisor of apprenticeship must verify compliance by contractors, subcontractors, and awarding agencies of apprenticeship utilization requirements. The supervisor may coordinate with the department of enterprise services, the state department of transportation, the office of the superintendent of public instruction, and any other appropriate agency or organization to assist in tracking compliance.
(2) Compliance information must be made available to the apprenticeship council and must be used to determine compliance for purposes of RCW 39.04.350 and 39.12.055.
(3) The director of labor and industries must adopt rules to implement this section.
[ 2018 c 244 s 2. ]
NOTES:
Effective date—2018 c 244: See note following RCW 39.04.320.
Upon July 22, 2001, all newly approved apprenticeship programs must be represented by either a unilateral or joint apprenticeship committee. Apprenticeship committees must conform to this chapter, the rules adopted under this chapter, and 29 C.F.R. Parts 29 and 30 and must be approved by the apprenticeship council. Such apprenticeship committees shall be composed of an equal number of employer and employee representatives who may be chosen:
(1) From names submitted by the respective local or state employer and employee organizations served by the apprenticeship committee; or
(2) In a manner which selects representatives of management and nonmanagement served by the apprenticeship committee. The council may act as the apprentice representative when the council determines there is no feasible method to choose nonmanagement representatives.
Apprenticeship committees shall devise standards for apprenticeship programs and operate such programs in accordance with the standards established by this chapter and by rules adopted under this chapter. The council and supervisor may provide aid and technical assistance to apprenticeship program sponsors and applicants, or potential applicants.
[ 2011 c 308 s 3; 2001 c 204 s 3; 1941 c 231 s 3; Rem. Supp. 1941 s 7614-5. ]
(1) To be eligible for registration, apprenticeship program standards must conform to the rules adopted under this chapter.
(2) The apprenticeship council must require new apprenticeship programs seeking approval to provide an assessment for future sustainability of the program.
(3) When evaluating applications for new apprenticeship programs, the apprenticeship council must consider whether graduating apprentices will move toward a living wage, the availability of a career ladder to graduating apprentices, or the existence of other nonwage benefits as factors in the approval process.
(4) The apprenticeship council must annually report to the appropriate committees of the legislature a list of apprenticeship programs that have applied for state approval, whether those applicant apprenticeship programs have been approved or not approved, and the reasons for any denials of approval by the apprenticeship council. The apprenticeship council must provide its first report to the legislature by December 15, 2022.
[ 2022 c 156 s 4; 2011 c 308 s 4; 2001 c 204 s 4; 1979 ex.s. c 37 s 3; 1961 c 114 s 3; 1941 c 231 s 4; Rem. Supp. 1941 s 7614-6. ]
NOTES:
Intent—2022 c 156: See note following RCW 49.04.240.
For the purposes of this chapter an apprenticeship agreement is a written agreement between an apprentice and either the apprentice's program sponsor, or an apprenticeship committee acting as agent for a program sponsor, containing the terms and conditions of the employment and training of the apprentice.
[ 2011 c 308 s 5; 2001 c 204 s 5; 1941 c 231 s 5; Rem. Supp. 1941 s 7614-7. ]
(1) Any decision of the apprenticeship council affecting registration and oversight of apprenticeship programs and agreements for federal purposes may be appealed to the director of labor and industries by filing a notice of appeal with the director within thirty days of the apprenticeship council's written decision. Any decision of the council affecting registration and oversight of apprenticeship programs and agreements for federal purposes not appealed within thirty days is final and binding, and not subject to further appeal.
(2) Upon receipt of a notice of appeal, the director or designee shall review the record created by the council and shall issue a written determination including his or her findings. A judicial appeal from the director's determination may be taken in accordance with chapter 34.05 RCW.
(3) Orders that are not appealed within the time period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.
[ 2011 c 308 s 6. ]
The provisions of this chapter shall apply to a person, firm, corporation or craft only after such person, firm, corporation or craft has voluntarily elected to conform with its provisions.
[ 1941 c 231 s 6; Rem. Supp. 1941 s 7614-8. ]
Under the supervision of the director of labor and industries and with the advice and guidance of the apprenticeship council, the supervisor of apprenticeship shall encourage and promote the making of such other types of on-the-job training agreements and projects, in addition to apprenticeship agreements, as the supervisor shall find meritorious.
[ 2001 c 204 s 6; 1963 c 172 s 1. ]
The director of labor and industries shall have authority to enter into and perform, through the supervisor of apprenticeship, agreements with appropriate federal departments or agencies for the development, administration and servicing of on-the-job training projects. Further, the director of labor and industries, through the supervisor of apprenticeship, shall have power to receive and administer funds provided by the federal government for such purposes.
[ 1963 c 172 s 2. ]
As provided by the rules adopted by the apprenticeship council, apprenticeship programs entered into under authority of this chapter with five or more apprentices shall conform with 29 C.F.R. Part 30 to the extent required by federal law while advancing the nondiscriminatory principles of the Washington state civil rights act, RCW 49.60.400.
[ 2001 c 204 s 7; 1995 c 67 s 7; 1990 c 72 s 1; 1985 c 6 s 17; 1969 ex.s. c 183 s 2. ]
NOTES:
Purpose—Construction—1990 c 72; 1969 ex.s. c 183: "It is the policy of the legislature and the purpose of this act to provide every citizen in this state a reasonable opportunity to enjoy employment and other associated rights, benefits, privileges, and to help women and racial minorities realize in a greater measure the goals upon which this nation and this state were founded. All the provisions of this act shall be liberally construed to achieve these ends, and administered and enforced with a view to carry out the above declaration of policy." [ 1990 c 72 s 5; 1969 ex.s. c 183 s 1.]
Severability—1969 ex.s. c 183: "If any provision of this 1969 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1969 ex.s. c 183 s 8.]
When it shall appear to the department of labor and industries that any apprenticeship program referred to in RCW 49.04.100 has failed to comply with the woman or racial minority representation requirement hereinabove in such section referred to by January 1, 1970, which fact shall be determined by reports the department may request or in such other manner as it shall see fit, then the same shall be deemed prima facie evidence of noncompliance with RCW 49.04.100 through 49.04.130 and thereafter no state funds or facilities shall be expended upon such program: PROVIDED, That prior to such withdrawal of funds evidence shall be received and state funds or facilities shall not be denied if there is a showing of a genuine effort to comply with the provisions of RCW 49.04.100 through 49.04.130 as to entrance of women and racial minorities into the program. The director shall notify the appropriate federal authorities if there is noncompliance with the woman and racial minority representation qualification under any apprenticeship program as provided for in RCW 49.04.100 through 49.04.130.
[ 1990 c 72 s 2; 1969 ex.s. c 183 s 3. ]
Every community college, vocational school, or high school carrying on a program of vocational education shall make every effort to enlist woman and racial minority representation in the apprenticeship programs within the state and are authorized to carry out such purpose in such ways as they shall see fit.
[ 1990 c 72 s 3; 1969 ex.s. c 183 s 4. ]
Every employer and employee organization as well as the apprenticeship council and local and state apprenticeship committees and vocational schools shall make every effort to enlist woman and racial minority representation in the apprenticeship programs of the state and shall be aided therein by the department of labor and industries insofar as such department may be able to so do without undue interference with its other powers and duties. In addition, the legislature, in fulfillment of the public welfare, mandates those involved in apprenticeship training with the responsibility of making every effort to see that woman and racial minority representatives in such programs pursue the same to a successful conclusion.
[ 1990 c 72 s 4; 1969 ex.s. c 183 s 5. ]
The apprenticeship council shall work with the department of transportation, local transportation jurisdictions, local and statewide joint apprenticeships, other apprenticeship programs, representatives of labor and business organizations with interest and expertise in the transportation workforce, and representatives of the state's universities and community and vocational colleges to establish technical apprenticeship opportunities specific to the needs of transportation. The council shall issue a report of findings and recommendations to the transportation committees of the legislature by December 1, 2003. The report must include, but not be limited to, findings and recommendations regarding the establishment of transportation technical training programs within the community and vocational college system and in the state universities.
[ 2003 c 363 s 202. ]
NOTES:
Findings—Intent—2003 c 363 ss 201 through 206: "(1) The legislature finds that a skilled technical workforce is necessary for maintaining, preserving, and improving Washington's transportation system. The Blue Ribbon Commission on Transportation found that state and local transportation agencies are showing signs of a workforce that is insufficiently skilled to operate the transportation system at its highest level. Sections 201 through 206 of this act are intended to explore methods for fostering a stronger industry in transportation planning and engineering.
(2) It is the intent of the legislature that the state prevailing wage process operate efficiently, that the process allow contractors and workers to be paid promptly, and that new technologies and innovative outreach methods be used to enhance wage surveys in order to better reflect current wages in counties across the state.
(3) The legislature finds that in order to enhance the prevailing wage process it is appropriate for all intent and affidavit fees paid by contractors be dedicated to the sole purpose of administering the state prevailing wage program.
(4) To accomplish the intent of this section and in order to enhance the response of businesses and labor representatives to the prevailing wage survey process, the department of labor and industries shall undertake the following activities:
(a) Establish a goal of conducting surveys for each trade every three years;
(b) Actively promote increased response rates from all survey recipients in every county both urban and rural. The department shall provide public education and technical assistance to businesses, labor representatives, and public agencies in order to promote a better understanding of prevailing wage laws and increased participation in the prevailing wage survey process;
(c) Actively work with businesses, labor representatives, public agencies, and others to ensure the integrity of information used in the development of prevailing wage rates, and ensure uniform compliance with requirements of sections 201 through 206 of this act;
(d) Maintain a timely processing of intents and affidavits, with a target processing time no greater than seven working days from receipt of completed forms;
(e) Develop and implement electronic processing of intents and affidavits and promote the efficient and effective use of technology to improve the services provided by the prevailing wage program." [ 2003 c 363 s 201.]
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
(1) An apprenticeship committee may recommend to its community or technical college partner or partners that an associate degree pathway be developed for the committee's program.
(2) In consultation with the state board for community and technical colleges, the apprenticeship committee and the college or colleges involved with the program shall consider the extent apprentices in the program are likely to pursue an associate degree and the extent a pathway could reduce redundancy of course requirements between the apprenticeship and a degree.
(3) If the apprenticeship committee and the college or colleges involved with the program determine that a pathway would be beneficial for apprentices and assist them in obtaining an associate degree, the apprenticeship committee may request that a pathway be established as provided in RCW 28B.50.890.
[ 2003 c 128 s 2. ]
NOTES:
Findings—2003 c 128: "The legislature finds that:
(1) Apprenticeships are very rigorous and highly structured programs with specific academic and work training requirements;
(2) There is a misperception that apprenticeships are only for noncollege bound students; and
(3) The state should expand opportunities for individuals to progress from an apprenticeship to college by creating pathways that build on the apprenticeship experience and permit apprentices to earn an associate degree." [ 2003 c 128 s 1.]
(1) The legislature finds that it is in the public interest of the state to encourage and facilitate the formation of cooperative relationships between business and labor and educational institutions that provide for the development and expansion of programs of educational skills training consistent with employment needs.
(2) Further, the legislature finds that it is in the state's interest to make students aware of the educational training programs and career employment opportunities.
(3) Therefore, the following shall be implemented to expand opportunities for secondary school students to prepare for technical careers and related apprenticeships:
(a) Centers of excellence and other colleges with a high density of apprenticeship programs shall act as brokers of relevant information and resources as provided for in RCW 49.04.170;
(b) An educational outreach program coordinated by the Washington state apprenticeship and training council as provided for in RCW 49.04.180; and
(c) The development of direct-entry programs for graduating secondary students, approved and overseen by the Washington state apprenticeship and training council as provided for in RCW 49.04.190.
[ 2006 c 161 s 1. ]
NOTES:
Effective date—2006 c 161: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect April 1, 2006." [ 2006 c 161 s 7.]
(1) Centers of excellence, as designated by the state board for community and technical colleges, and other colleges identified by the state board for community and technical colleges in consultation with the Washington state apprenticeship and training council as having a high density of apprenticeship programs, shall act as a broker of relevant information and resources on available grants, scholarship opportunities, job openings, and industries of growth.
(2) The Washington state apprenticeship and training council, in conjunction with the office of the superintendent of public instruction, shall aid all local school districts in meeting the goals of chapter 161, Laws of 2006.
[ 2006 c 161 s 2. ]
NOTES:
Effective date—2006 c 161: See note following RCW 49.04.160.
(1) Within existing resources, the Washington state apprenticeship and training council, in conjunction with individual state-approved apprenticeship training programs and the office of the superintendent of public instruction, shall lead and coordinate an educational outreach program for middle and secondary school students, parents, and educators about apprenticeship and career opportunities and communicate workforce projections to the office of the superintendent of public instruction for distribution to all local school districts.
(2) Appropriate activities of the Washington state apprenticeship and training council under this section include assistance with curriculum development, the establishment of practical learning opportunities for students, and seeking the advice and participation of industry and labor interests.
[ 2006 c 161 s 3. ]
NOTES:
Effective date—2006 c 161: See note following RCW 49.04.160.
(1) Within existing resources, the Washington state apprenticeship and training council shall approve and oversee direct-entry programs for graduating secondary students into building and construction-related apprenticeships by:
(a) Assisting individual school districts in using and leveraging existing resources; and
(b) Developing guidelines, including guidelines that ensure that graduating secondary school students will receive appropriate education and training and will have the opportunity to transition to local apprenticeship programs. The guidelines must be developed with input from apprenticeship coordinators, the office of the superintendent of public instruction, the state board for community and technical colleges, the workforce training and education coordinating board, and other interested stakeholders for direct-entry programs.
(2) The Washington state apprenticeship and training council shall award up to ten incentive grants for the 2006-07 school year, based on guidelines established under subsection (1)(b) of this section, to school districts statewide solely for personnel to negotiate and implement agreements with local apprenticeship programs based upon state apprenticeship use requirements, as described in RCW 39.04.320, to accept graduating secondary school students with appropriate training into apprenticeship programs. The council shall make every effort to award the grants evenly across the state.
(3) For any year in which grants are awarded in accordance with this section, the Washington state apprenticeship and training council shall provide a report to the governor and the education and commerce and labor committees of the legislature. The report shall include:
(a) The guidelines established under subsection (1)(b) of this section;
(b) The names of the school districts receiving incentive grants under subsection (2) of this section;
(c) The results of negotiations between school districts receiving incentive grants and local apprenticeship programs;
(d) A list of apprenticeship programs that have agreed, pursuant to negotiated agreements, to accept qualified graduating secondary students; and
(e) The number of qualified graduating secondary students entering into apprenticeship programs each year through direct-entry programs.
[ 2016 c 197 s 5; 2006 c 161 s 4. ]
NOTES:
Effective date—2006 c 161: See note following RCW 49.04.160.
(1) The council must evaluate the potential of existing apprenticeship and training programs that would produce workers with the skills needed to conduct energy audits and provide energy efficiency services and deliver its findings to the department of commerce, the *leadership team, and the appropriate committees of the legislature as soon as possible, but no later than January 18, 2010.
(2) The council may prioritize workforce training programs that lead to apprenticeship programs in green economy jobs. For purposes of this section, green economy jobs include those in the primary industries of a green economy, including clean energy, the forestry industry, high-efficiency building, green transportation, and environmental protection. Prioritization efforts may include but are not limited to: (a) Prioritization of the use of high employer-demand funding for workforce training programs in green economy jobs; (b) increased outreach efforts to public utilities, education, labor, government, and private industry to develop tailored, green job training programs; and (c) increased outreach efforts to target populations. Outreach efforts shall be conducted in partnership with local workforce development councils.
(3) The definitions in RCW 43.330.010 apply to this section.
[ 2023 c 470 s 2091; 2009 c 536 s 12. ]
NOTES:
*Reviser's note: The leadership team was created in 2009 c 536 s 3, which was vetoed.
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Short title—2009 c 536: See note following RCW 43.330.370.
(1) An aerospace workforce council is created in the department of labor and industries to establish a framework for apprenticeship utilization reporting and to establish efficient pathways to achieve targets required under RCW 49.04.220. Beginning in calendar year 2020, the council must:
(a) Meet at least twice per year until the apprenticeship utilization levels in RCW 49.04.220 are achieved;
(b) Monitor the progress of a significant commercial airplane manufacturer, as defined in RCW 49.04.220, and the aerospace industry as a whole in achieving the apprenticeship utilization levels established in RCW 49.04.220;
(c) Report to the legislature by December 1, 2023, on the apprenticeship utilization rate across the aerospace industry and include any recommendations implementing the intent of chapter 165, Laws of 2020, including policy changes needed to expand upon early success of apprenticeship utilization if reached before the date set forth in RCW 49.04.220.
(2) The council must consist of fourteen members, appointed by the governor:
(a) One member must be appointed from each of the two largest aerospace labor organizations in Washington;
(b) Two members must be from a Washington aerospace industry business, only one of which must be from a significant commercial airplane manufacturer;
(c) Two members must be from nonprofit entities engaged in workforce training for the aerospace industry;
(d) One representative from the governor's office;
(e) One representative from the workforce training and education coordinating board;
(f) The state trade representative or the representative's designee;
(g) The director of the department of labor and industries, or the director's designee;
(h) One member from each of the two largest caucuses of the house of representatives, as appointed by the speaker of the house of representatives; and
(i) One member from each of the two largest caucuses of the senate, as appointed by the president of the senate.
[ 2020 c 165 s 5. ]
NOTES:
Findings—Intent—Effective date—2020 c 165: See notes following RCW 82.04.2602.
(1) A significant commercial airplane manufacturer receiving the rate of 0.357 percent under RCW 82.04.260(11)(e) is subject to an aerospace apprenticeship utilization rate of one and five-tenths percent of its qualified apprenticeable workforce in Washington by July 1, 2026, or five years after the effective date of the 0.357 percent rate authorized under RCW 82.04.260(11)(e), whichever is later, as determined by the department of labor and industries.
(2) The aerospace industry in Washington, excluding a significant commercial airplane manufacturer, is subject to an aerospace apprenticeship utilization rate of one and five-tenths percent of its qualified apprenticeable workforce in Washington by July 1, 2026, or five years after the effective date of the 0.357 percent rate authorized under RCW 82.04.260(11)(e), whichever is later, as determined by the department of labor and industries.
(3) Aerospace employers must report relevant occupation data related to the qualified apprenticeable workforce to the department of labor and industries.
(4) The department of labor and industries shall report the aerospace apprenticeship utilization rate to the department [of revenue] and the appropriate committees of the legislature annually beginning October 1, 2024.
(5) The department of labor and industries shall determine aerospace apprenticeship utilization rates under this section based on the framework developed under RCW 49.04.210 and using occupational data reported to the department of labor and industries and/or the employment security department. For data reported to the department of labor and industries, the department of labor and industries shall determine the form and manner in which occupational data is reported, consistent with the framework developed under RCW 49.04.210, and may adopt rules to ensure full participation within the industry necessary to implement the requirements of this section. The department of labor and industries, consulting with the department of revenue, may also require additional information on the annual tax performance report under RCW 82.32.534. The department of labor and industries may adopt rules to ensure full participation within the industry and necessary to implement the requirements of this section.
(6) For the purposes of this section, the following definitions apply.
(a) "Aerospace employer" means any person that qualifies for the rate under RCW 82.04.260(11)(e) with twenty-five or more employees in positions determined to be qualified occupations by the Washington state apprenticeship and training council according to chapter 49.04 RCW directly applicable to the production of commercial aircraft.
(b) "Qualified apprenticeable workforce" means all occupations approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW directly applicable to the production of commercial aircraft.
(c) "Significant commercial airplane manufacturer" means a manufacturer of commercial airplanes with at least fifty thousand full-time employees in Washington as of January 1, 2021.
[ 2020 c 165 s 4. ]
NOTES:
Findings—Intent—Effective date—2020 c 165: See notes following RCW 82.04.2602.
Educational requirements for an apprenticeship for substance use disorder professionals must be defined by the secretary of health under RCW 18.205.100.
[ 2021 c 165 s 3. ]
NOTES:
Rules—2021 c 165: See note following RCW 18.205.095.
(1) For any existing active registered apprenticeship programs, or when a new program gains approval, the apprenticeship council must establish an economic or industry sector-based platform.
(2) The economic or industry sector-based platforms may be in the following areas: Building trades, manufacturing and engineering, health care and behavioral health, education and early learning, information and communications technology, biotechnology and life sciences, hospitality, and maritime. Any platform established under this section must have an equal number of employer and employee organization representatives. All platforms established under this section must:
(a) Promote collaboration within their economic or industry sector;
(b) Periodically review the required classroom and on-the-job training standards for apprenticeship programs within their economic or industry sector;
(c) Collaborate with any relevant centers of excellence in RCW 28B.50.902; and
(d) Review applications for new apprenticeship programs in the platform's economic or industry sector and make recommendations on the approval or rejection of the applications, or suggested modifications to the applicant apprenticeship programs, to the apprenticeship council.
(3) The department of labor and industries must assign an industry liaison to support each platform.
(4) The platform must report at least annually to the apprenticeship council on the following within their economic or industry sector:
(a) Participation in existing approved apprenticeship programs;
(b) Progress in developing new apprenticeship programs; and
(c) Any review of required classroom and on-the-job training standards.
(5) The department must consult with the United States department of labor about opportunities for Washington state employers to participate in apprenticeship programs, and to pursue federal grants on behalf of state registered apprentices and apprenticeship programs.
[ 2022 c 156 s 2. ]
NOTES:
Intent—2022 c 156: "Washington state has maintained a robust registered apprenticeship system that has created tens of thousands of high-skill, high-wage careers in traditional apprenticeship programs that are financially stable and jointly managed to ensure future generations of apprentices for high demand occupations. The earn while you learn apprenticeship model opens opportunities to diverse groups and communities that have not been able to access traditional higher education and traditional apprenticeship programs in the past. The legislature recognizes that the COVID-19 pandemic has also created a significant dislocation and disruption of our workforce that can be repaired in part by reconnecting workers with innovative apprenticeships that lead to new career pathways. The legislature intends to encourage and foster new apprenticeship opportunities through programs sponsored by public and private entities. It is the intent of the legislature that apprenticeship programs seeking state registration receive prompt consideration with minimum delay. To achieve the goals of rebuilding a robust postpandemic workforce and undertaking active efforts to provide equity, diversity, inclusion, and accessibility in apprenticeship programs will take sustained effort and support." [ 2022 c 156 s 1.]
Effective date—2022 c 156 s 2: "Section 2 of this act takes effect July 1, 2023." [ 2022 c 156 s 12.]
The governor shall establish a committee of state agency human resources managers to undertake the development of appropriate apprenticeship programs for state agencies. The committee will involve the exclusive collective bargaining representatives and public sector agencies conducting work-study programs that enable high school graduates to achieve entry-level employment and placement in registered apprenticeship programs as potential apprenticeship pathways are considered and developed. The current registered apprenticeship program for industrial insurance at the department of labor and industries shall be consulted as a model for other agencies.
[ 2022 c 156 s 3. ]
NOTES:
Intent—2022 c 156: See note following RCW 49.04.240.
(1) A grant program for technology and remote learning infrastructure modernization of state registered apprenticeships is established.
(2) The department of labor and industries must manage and oversee the grant program and may establish application procedures and criteria for the receipt of grants. The department of labor and industries must require grant applications to include a plan to sustain the technology and remote learning infrastructure over time.
(3) Subject to the availability of funds appropriated for this specific purpose, the department of labor and industries may award one-time grants to state registered apprenticeship programs for modernizing technology and remote learning infrastructure.
(4) No funds from the accident fund established in RCW 51.44.010 or the medical aid fund established in RCW 51.44.020 may be used in funding the grant program established under this section.
[ 2022 c 156 s 5. ]
NOTES:
Intent—2022 c 156: See note following RCW 49.04.240.
(1) A grant program for wraparound support services to mitigate barriers to beginning or participating in state registered apprenticeship programs is established. Support services shall include provisions for child care, health care, transportation to jobsites, and other support services necessary to mitigate barriers to beginning or participating in state registered apprenticeship programs.
(2) The department of labor and industries must manage and oversee the grant program and may establish application procedures and criteria for the receipt of grants.
(3) Subject to the availability of funds appropriated for this specific purpose, the department of labor and industries may award grants to nonprofit organizations and state registered apprenticeship training committees that support individuals currently in, or seeking to enter, state registered apprenticeship programs or apprenticeship council recognized apprenticeship preparation programs by providing, or connecting apprentices to, wraparound services, including child care, professional clothing, required tools, or transportation.
(4) No funds from the accident fund established in RCW 51.44.010 or the medical aid fund established in RCW 51.44.020 may be used in funding the grant program established under this section.
[ 2022 c 156 s 6. ]
NOTES:
Intent—2022 c 156: See note following RCW 49.04.240.
(1) A grant program for updating equipment in state registered apprenticeship programs is established.
(2) The department of labor and industries must manage and oversee the grant program and may establish application procedures and criteria for the receipt of grants.
(3) Subject to the availability of funds appropriated for this specific purpose, the department of labor and industries may award grants to state registered apprenticeship programs to upgrade equipment necessary for the program.
(4) No funds from the accident fund established in RCW 51.44.010 or the medical aid fund established in RCW 51.44.020 may be used in funding the grant program established under this section.
[ 2022 c 156 s 7. ]
NOTES:
Intent—2022 c 156: See note following RCW 49.04.240.
(1) Subject to the availability of funds appropriated for this specific purpose, the department of labor and industries must provide vouchers to cover the cost of driver's education courses for minors enrolled in a state registered apprenticeship program.
(2) The department of labor and industries may establish application and award procedures for implementing this section.
(3) No funds from the accident fund established in RCW 51.44.010 or the medical aid fund established in RCW 51.44.020 may be used in funding the voucher program established under this section.
[ 2022 c 156 s 8. ]
NOTES:
Intent—2022 c 156: See note following RCW 49.04.240.
(1) The department of labor and industries must conduct an apprentice retention study of state registered apprentices. The study must collect data from apprentices that are six months into their apprenticeships on the barriers and challenges new apprentices encounter that may prevent them from continuing their apprenticeships.
(2) The department of labor and industries must aggregate the data collected in subsection (1) of this section by trade and post the data on a dashboard on its public website annually.
(3) The department of labor and industries must use the data collected under this section to work with apprenticeship coordinators to implement an early alert response system to connect apprentices with needed support and wraparound services.
(4) By December 1, 2026, and in compliance with RCW 43.01.036, the department of labor and industries must submit a report to the legislature on its key findings on the barriers and challenges in retaining apprentices and its recommendations.
(5) This section expires December 31, 2027.
[ 2022 c 156 s 9. ]
NOTES:
Intent—2022 c 156: See note following RCW 49.04.240.
(1) Except as provided in subsection (4) of this section, for any general journey level electrician apprenticeship program approved under this chapter that is operated by an apprenticeship committee representing a single employer, the employer may use an apprentice registered in the program to perform work under the apprentice's valid specialty electrician certificate of competency issued by the department of labor and industries while participating in the program and without the employer having to change the apprentice's status in the program if:
(a) The employer submits to the department of labor and industries a detailed attestation of the apprentice's hours worked under the apprentice's valid specialty electrician certificate of competency on a quarterly basis; and
(b) The employer provides annual notice to the apprentice of the employer's intent to use the apprentice for performing work under the apprentice's valid specialty electrician certificate of competency, which must describe the requirements of this section, the wage the apprentice will be paid for performing work under the apprentice's valid specialty electrician certificate of competency, and inform the apprentice that performing such work for the employer may delay the apprentice's next wage progression based on low hour accumulation.
(2) The apprentice's hours worked under the apprentice's valid specialty electrician certificate of competency do not count toward the hours of work experience required to complete the program.
(3) Except as provided under subsection (4) of this section, an employer using an apprentice to perform work under the apprentice's valid specialty electrician certificate of competency under this section is exempt from the program standard requiring reasonably continuous employment, so long as the employer provides the apprentice at least 800 working hours each year that count toward the hours of work experience required to complete the program.
(4) The director of the department of labor and industries shall suspend the employer from the authorization under subsection (1) of this section and from the exemption under subsection (3) of this section if the director finds that the employer has willfully or repeatedly:
(a) Submitted incorrect or incomplete information in the attestation under subsection (1)(a) of this section or when reporting the hours for the apprenticeship program; or
(b) Failed to timely submit the attestation required under subsection (1)(a) of this section.
(5) The director of the department of labor and industries may adopt rules to implement this section.
[ 2025 c 240 s 1. ]
NOTES:
Effective date—2025 c 240: "This act takes effect January 1, 2026." [ 2025 c 240 s 2.]
A teacher apprenticeship program must meet the requirements in RCW 28A.410.288.
[ 2025 c 309 s 3. ]
(1) Beginning July 1, 2027, an apprenticeship program for a building or construction trade occupation approved by the apprenticeship council under this chapter must provide apprentices with behavioral health and wellness training and must require apprentices to successfully complete the training. Any new or updated apprenticeship program standards for a building or construction trade occupation approved by the council under this chapter on or after July 1, 2027, must include the training hours under this section.
(2)(a) The behavioral health and wellness training must include at least two hours of instruction. These hours are in addition to, and do not supplant, the minimum related or supplemental instruction hours required for the applicable program.
(b) The behavioral health and wellness training must cover the following topics: (i) Destigmatizing behavioral health and supporting wellness; (ii) recognizing signs of distress; (iii) suicide prevention; (iv) substance use disorder awareness and prevention; and (v) providing peer support and connecting to resources.
[ 2026 c 14 s 3. ]
The amendments made by chapter 100, Laws of 1961 shall not be construed as modifying chapter 231, Laws of 1941 as amended, or as applying to any standards established thereunder or employment pursuant to any bona fide agreements entered into thereunder.
[ 1961 c 100 s 6. ]
NOTES:
Reviser's note: (1) Chapter 100, Laws of 1961 amended RCW 49.60.180, 49.60.190, 49.60.200 and reenacted RCW 49.60.310 to include age as an element of discrimination, and such chapter added a new section codified as RCW 49.44.090 relating to unfair practices in employment because of age.
(2) Chapter 231, Laws of 1941 is the apprenticeship law codified in chapter 49.04 RCW.
It shall be the duty of the chair of the public employment relations commission upon application of any employer or employee having differences, as soon as practicable, to visit the location of such differences and to make a careful inquiry into the cause thereof and to advise the respective parties, what, if anything, ought to be done or submitted to by both to adjust said dispute and should said parties then still fail to agree to a settlement through said chair, then said chair shall endeavor to have said parties consent in writing to submit their differences to a board of arbitrations to be chosen from citizens of the state as follows, to wit: Said employer shall appoint one and said employees acting through a majority, one, and these two shall select a third, these three to constitute the board of arbitration and the findings of said board of arbitration to be final.
[ 2010 c 8 s 12001; 1975 1st ex.s. c 296 s 36; 1903 c 58 s 1; RRS s 7667. ]
NOTES:
Public employment relations commission: Chapter 41.58 RCW.
The proceedings of said board of arbitration shall be held before the chair of the public employment relations commission who shall act as moderator or chair, without the privilege of voting, and who shall keep a record of the proceedings, issue subpoenas and administer oaths to the members of said board, and any witness said board may deem necessary to summon.
[ 2010 c 8 s 12002; 1975 1st ex.s. c 296 s 37; 1903 c 58 s 2; RRS s 7668. ]
Any notice or process issued by the board herein created, shall be served by any sheriff, coroner or constable to whom the same may be directed, or in whose hands the same may be placed for service.
[ 1903 c 58 s 3; RRS s 7669. ]
Such arbitrators shall receive five dollars per day for each day actually engaged in such arbitration and travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended to be paid upon certificates of the director of labor and industries out of the fund appropriated for the purpose or at the disposal of the department of labor and industries applicable to such expenditure.
[ 1975-'76 2nd ex.s. c 34 s 144; 1903 c 58 s 4; RRS s 7670. ]
NOTES:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Upon the failure of the director of labor and industries, in any case, to secure the creation of a board of arbitration, it shall become his or her duty to request a sworn statement from each party to the dispute of the facts upon which their dispute and their reasons for not submitting the same to arbitration are based. Any sworn statement made to the director of labor and industries under this provision shall be for public use and shall be given publicly in such newspapers as desire to use it.
[ 2010 c 8 s 12003; 1903 c 58 s 5; RRS s 7671. ]
(1) Where referral to publicly supported dispute resolution services through the federal mediation and conciliation service or other applicable federal agency is impracticable or where those services are unavailable due to federal staffing or funding reductions, the public employment relations commission may charge private sector employers and labor organizations a fee for covering the costs of services provided under this chapter.
(2) Fees collected under this section must be deposited into the private sector labor dispute resolution account created in RCW 49.08.080.
[ 2025 c 352 s 8. ]
NOTES:
Conflict with federal requirements—2025 c 352: See note following RCW 50.20.090.
The private sector labor dispute resolution account is created in the custody of the state treasurer. All fees collected under RCW 49.08.070 must be deposited into the account. The executive director of the public employment relations commission may authorize expenditures from the account solely for the administration, staffing, and other related expenses of private sector labor dispute resolution services under this chapter. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2025 c 352 s 9. ]
NOTES:
Conflict with federal requirements—2025 c 352: See note following RCW 50.20.090.
For the purposes of this chapter:
(1) "Department" means the department of labor and industries.
(2) "Director" means the director of the department of labor and industries, or the director's designated representative.
(3)(a) Before May 20, 2003, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees but does not include the state, any state institution, any state agency, political subdivision of the state, or any municipal corporation or quasi-municipal corporation. However, for the purposes of RCW 49.12.265 through 49.12.295, 49.12.350 through 49.12.370, 49.12.450, and 49.12.460 only, "employer" also includes the state, any state institution, any state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.
(b) On and after May 20, 2003, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. However, this chapter and the rules adopted thereunder apply to these public employers only to the extent that this chapter and the rules adopted thereunder do not conflict with: (i) Any state statute or rule; and (ii) respect to political subdivisions of the state and any municipal or quasi-municipal corporation, any local resolution, ordinance, or rule adopted under the authority of the local legislative authority before April 1, 2003.
(4) "Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise. "Employee" does not include an individual who is at least sixteen years old but under twenty-one years old, in his or her capacity as a player for a junior ice hockey team that is a member of a regional, national, or international league and that contracts with an arena owned, operated, or managed by a public facilities district created under chapter 36.100 RCW.
(5) "Conditions of labor" means and includes the conditions of rest and meal periods for employees including provisions for personal privacy, practices, methods and means by or through which labor or services are performed by employees and includes bona fide physical qualifications in employment, but shall not include conditions of labor otherwise governed by statutes and rules and regulations relating to industrial safety and health administered by the department.
(6) For the purpose of chapter 16, Laws of 1973 2nd ex. sess. a minor is defined to be a person of either sex under the age of eighteen years.
[ 2015 c 299 s 2; 2003 c 401 s 2; 1998 c 334 s 1; 1994 c 164 s 13; 1988 c 236 s 8; 1973 2nd ex.s. c 16 s 1. ]
NOTES:
Recognition—Intent—2015 c 299: "The legislature recognizes that junior ice hockey teams that are members of regional, national, or internationally recognized leagues provide significant benefits to their players by teaching them valuable athletic skills and interpersonal life skills. These junior teams also provide significant financial support to their communities as tenants of arenas owned, operated, or managed by public facilities districts. The legislature seeks to assist in the financial stability of public facilities districts and to ensure the viability of junior ice hockey in the state by clarifying that these young athletes are not employees of their teams." [ 2015 c 299 s 1.]
Findings—Purpose—Intent—Effective date—2003 c 401: See notes following RCW 49.12.187.
Construction—1998 c 334: See note following RCW 49.12.450.
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.
The welfare of the state of Washington demands that all employees be protected from conditions of labor which have a pernicious effect on their health. The state of Washington, therefore, exercising herein its police and sovereign power declares that inadequate wages and unsanitary conditions of labor exert such pernicious effect.
[ 1973 2nd ex.s. c 16 s 2; 1913 c 174 s 1; RRS s 7623. ]
It shall be unlawful to employ any person in any industry or occupation within the state of Washington under conditions of labor detrimental to their health; and it shall be unlawful to employ workers in any industry within the state of Washington at wages which are not adequate for their maintenance.
[ 1973 2nd ex.s. c 16 s 3; 1913 c 174 s 2; RRS s 7624. ]
See RCW 43.22.270(5).
It shall be the responsibility of the director to investigate the wages, hours and conditions of employment of all employees, including minors, except as may otherwise be provided in chapter 16, Laws of 1973 2nd ex. sess. The director, or the director's authorized representative, shall have full authority to require statements from all employers, relative to wages, hours and working conditions and to inspect the books, records and physical facilities of all employers subject to chapter 16, Laws of 1973 2nd ex. sess. Such examinations shall take place within normal working hours, within reasonable limits and in a reasonable manner.
[ 1994 c 164 s 14; 1973 2nd ex.s. c 16 s 5. ]
(1) Every employer shall keep a record of the names of all employees employed by him or her, and shall on request permit the director to inspect such record.
(2) Rules adopted under this chapter regarding records of hours worked do not apply to employees who have entered into a contract to play baseball at the minor league level and who are compensated pursuant to the terms of a collective bargaining agreement that expressly provides for wages and working conditions.
[ 2024 c 132 s 4; 2010 c 8 s 12004; 1994 c 164 s 15; 1973 2nd ex.s. c 16 s 14; 1913 c 174 s 7; RRS s 7626. ]
After an investigation has been conducted by the department of wages, hours and conditions of labor subject to chapter 16, Laws of 1973 2nd ex. sess., the director shall be furnished with all information relative to such investigation of wages, hours and working conditions, including current statistics on wage rates in all occupations subject to the provisions of chapter 16, Laws of 1973 2nd ex. sess. Within a reasonable time thereafter, if the director finds that in any occupation, trade or industry, subject to chapter 16, Laws of 1973 2nd ex. sess., the wages paid to employees are inadequate to supply the necessary cost of living, but not to exceed the state minimum wage as prescribed in RCW 49.46.020, as now or hereafter amended, or that the conditions of labor are detrimental to the health of employees, the director shall have authority to prescribe rules and regulations for the purpose of adopting minimum wages for occupations not otherwise governed by minimum wage requirements fixed by state or federal statute, or a rule or regulation adopted under such statute, and, at the same time have the authority to prescribe rules and regulations fixing standards, conditions and hours of labor for the protection of the safety, health and welfare of employees for all or specified occupations subject to chapter 16, Laws of 1973 2nd ex. sess. Thereafter, the director shall conduct a public hearing in accordance with the procedures of the administrative procedure act, chapter 34.05 RCW, for the purpose of the adoption of rules and regulations fixing minimum wages and standards, conditions and hours of labor subject to the provisions of chapter 16, Laws of 1973 2nd ex. sess. After such rules become effective, copies thereof shall be supplied to employers who may be affected by such rules and such employers shall post such rules, where possible, in such place or places, reasonably accessible to all employees of such employer. After the effective date of such rules, it shall be unlawful for any employer in any occupation subject to chapter 16, Laws of 1973 2nd ex. sess. to employ any person for less than the rate of wages specified in such rules or under conditions and hours of labor prohibited for any occupation specified in such rules: PROVIDED, That this section shall not apply to sheltered workshops.
[ 1994 c 164 s 16; 1973 2nd ex.s. c 16 s 6. ]
Whenever wages, standards, conditions and hours of labor have been established by rule and regulation of the director, the director may upon application of either employers or employees conduct a public hearing for the purpose of the adoption, amendment or repeal of rules and regulations adopted under the authority of chapter 16, Laws of 1973 2nd ex. sess.
[ 1994 c 164 s 17; 1973 2nd ex.s. c 16 s 7. ]
An employer may apply to the director for an order for a variance from any rule or regulation establishing a standard for wages, hours, or conditions of labor adopted by the director under this chapter. The director shall issue an order granting a variance if the director determines or decides that the applicant for the variance has shown good cause for the lack of compliance. Any order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, standards and processes which the employer must adopt and utilize to the extent they differ from the standard in question. At any time the director may terminate and revoke such order, provided the employer was notified by the director of the termination at least thirty days prior to said termination.
[ 1994 c 164 s 18; 1973 2nd ex.s. c 16 s 8. ]
Subject to RCW 49.46.170, for any occupation in which a minimum wage has been established, the director may issue to an employer, a special certificate or permit for an employee with a disability to such a degree that the employee is unable to obtain employment in the competitive labor market, or to a trainee or learner not otherwise subject to the jurisdiction of the apprenticeship council, a special certificate or permit authorizing the employment of such employee for a wage less than the legal minimum wage; and the director shall fix the minimum wage for said person, such special certificate or permit to be issued only in such cases as the director may decide the same is applied for in good faith and that such certificate or permit shall be in force for such length of time as the director shall decide and determine is proper.
[ 2021 c 97 s 1; 2020 c 274 s 40; 1994 c 164 s 19; 1977 ex.s. c 80 s 35; 1973 2nd ex.s. c 16 s 13; 1913 c 174 s 13; RRS s 7632. ]
NOTES:
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
(1) The department may at any time inquire into wages, hours, and conditions of labor of minors employed in any trade, business, or occupation in the state of Washington and may adopt special rules for the protection of the safety, health, and welfare of minor employees. However, the rules may not limit the hours per day or per week, or other specified work period, that may be worked by minors who are emancipated by court order.
(2) The department shall issue work permits to employers for the employment of minors, after being assured the proposed employment of a minor meets the standards for the health, safety, and welfare of minors as set forth in the rules adopted by the department. No minor person shall be employed in any occupation, trade, or industry subject to chapter 16, Laws of 1973 2nd ex. sess., unless a work permit has been properly issued, with the consent of the parent, guardian, or other person having legal custody of the minor and with the approval of the school which such minor may then be attending. However, the consent of a parent, guardian, or other person, or the approval of the school which the minor may then be attending, is unnecessary if the minor is emancipated by court order.
(3) The minimum wage for minors shall be as prescribed in RCW 49.46.020.
[ 1993 c 294 s 9; 1989 c 1 s 3 (Initiative Measure No. 518, approved November 8, 1988); 1973 2nd ex.s. c 16 s 15. ]
NOTES:
Effective date—1993 c 294: See RCW 13.64.900.
Effective date—1989 c 1 (Initiative Measure No. 518): See note following RCW 49.46.010.
In implementing state policy to assure the attendance of children in the public schools it shall be required of any person, firm or corporation employing any minor under the age of eighteen years to obtain a work permit as set forth in RCW 49.12.121 and keep such permit on file during the employment of such minor, and upon termination of such employment of such minor to return such permit to the department of labor and industries.
[ 1991 c 303 s 8; 1983 c 3 s 156; 1973 c 51 s 3. ]
NOTES:
Severability—1973 c 51: See note following RCW 28A.225.010.
For all minors employed as actors or performers in film, video, audio, or theatrical productions, the department shall issue a permit under RCW 49.12.121 and a variance under RCW 49.12.105 upon finding that the terms of the employment sufficiently protect the minor's health, safety, and welfare. The findings shall be based on information provided to the department including, but not limited to, the minor's working conditions and planned work schedule, adult supervision of the minor, and any planned educational programs.
[ 1994 c 62 s 2. ]
Any employer who discharges, or in any other manner discriminates against any employee because such employee has testified or is about to testify, or because such employer believes that said employee may testify in any investigation or proceedings relative to the enforcement of RCW 49.12.010 through 49.12.180, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of from twenty-five dollars to one hundred dollars for each such misdemeanor.
[ 1913 c 174 s 16; RRS s 7635. ]
Any worker or the parent or guardian of any minor to whom RCW 49.12.010 through 49.12.180 applies may complain to the director that the wages paid to the workers are less than the minimum rate and the director shall investigate the same and proceed under RCW 49.12.010 through 49.12.180 in behalf of the worker.
[ 1994 c 164 s 20; 1913 c 174 s 17 1/2; RRS s 7637. ]
(1)(a) If a complainant files a complaint with the department of labor and industries alleging a violation of RCW 49.28.140, the department shall investigate the complaint.
(b) The department may not investigate any such alleged violation of rights that occurred more than three years before the date that the complainant filed the complaint.
(c) Upon the investigation of a complaint, the department shall issue either a citation and notice of assessment or a determination of compliance, within 90 days after the date on which the department received the complaint, unless the complaint is otherwise resolved. The department may extend the period by providing advance written notice to the complainant and the employer setting forth good cause for an extension of the period and specifying the duration of the extension.
(d) The department shall send a citation and notice of assessment or the determination of compliance to both the employer and the complainant by service of process or using an electronic or nonelectronic method by which the citation and notice of assessment or the determination of compliance can be tracked, or the delivery can be confirmed to their last known addresses. Before using an electronic method for the first time under this subsection, the department must provide the employer and complainant the option to receive communication through a nonelectronic method.
(2) If the department of labor and industries investigation finds that the complainant's allegation cannot be substantiated, the department shall issue a closure letter to the complainant and the employer detailing such finding.
(3)(a) If the department of labor and industries finds a violation of RCW 49.28.140, the department shall order the employer to pay the department a civil penalty.
(b) Except as provided otherwise in this chapter, the maximum penalty is $1,000 for each violation, up to three violations. If there are four or more violations of this chapter for a health care facility, the employer is subject to a civil penalty of $2,500 for the fourth violation, and $5,000 for each subsequent violation.
(c) The department may not assess a civil penalty if the employer reasonably relied on: (i) A rule related to any of the requirements of RCW 49.28.140; (ii) a written order, ruling, approval, opinion, advice, determination, or interpretation of the director; or (iii) an interpretive or administrative policy issued by the department and filed with the office of the code reviser. In accordance with the department's retention schedule obligations under chapter 40.14 RCW, the department shall maintain a complete and accurate record of all written orders, rulings, approvals, opinions, advice, determinations, and interpretations for purposes of determining whether an employer is immune from civil penalties under (b) of this subsection.
(4) The department of labor and industries may, at any time, waive or reduce a civil penalty assessed under this section if the director of the department determines that the employer has taken corrective action to resolve the violation.
(5) The department of labor and industries shall deposit all civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.
[ 2026 c 77 s 13; 2023 c 114 s 12. ]
NOTES:
Effective date—2023 c 114: See note following RCW 70.41.410.
(1) A person, firm, or corporation aggrieved by a citation and notice of assessment or a determination of compliance by the department of labor and industries under RCW 49.12.145 may appeal the citation and notice of assessment to the director of the department by filing a notice of appeal with the director within 30 days of the department's issuance of the citation and notice of assessment. A citation and notice of assessment or a determination of compliance not appealed within 30 days is final and binding, and not subject to further appeal.
(2) A notice of appeal filed with the director of the department of labor and industries under this section shall stay the effectiveness of the citation and notice of assessment or the determination of compliance pending final review of the appeal by the director as provided for in chapter 34.05 RCW.
(3) Upon receipt of a notice of appeal, the director of the department of labor and industries shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order. The hearing and review procedures shall be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation and notice of assessment or determination of compliance shall be de novo. Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within 30 days after service of the initial order. The director shall conduct administrative review in accordance with chapter 34.05 RCW.
(4) The director of the department of labor and industries shall issue all final orders after appeal of the initial order. The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.
(5) Orders that are not appealed within the time period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.
(6) An employer who fails to allow adequate inspection of records in an investigation by the department of labor and industries under this section within a reasonable time period may not use such records in any appeal under this section to challenge the correctness of any determination by the department of the penalty assessed.
[ 2023 c 114 s 13. ]
NOTES:
Effective date—2023 c 114: See note following RCW 70.41.410.
Collections of unpaid citations assessing civil penalties under RCW 49.28.150, 49.12.145, and 49.12.147 will be pursuant to RCW 49.48.086.
[ 2023 c 114 s 14. ]
NOTES:
Effective date—2023 c 114: See note following RCW 70.41.410.
If any employee shall receive less than the legal minimum wage, except as hereinbefore provided in RCW 49.12.110, said employee shall be entitled to recover in a civil action the full amount of the legal minimum wage as herein provided for, together with costs and attorney's fees to be fixed by the court, notwithstanding any agreement to work for such lesser wage. In such action, however, the employer shall be credited with any wages which have been paid upon account.
[ 1913 c 174 s 18; RRS s 7638. ]
Except as otherwise provided in RCW 49.12.390 or 49.12.410, any employer employing any person for whom a minimum wage or standards, conditions, and hours of labor have been specified, at less than said minimum wage, or under standards, or conditions of labor or at hours of labor prohibited by the rules and regulations of the director; or violating any other of the provisions of chapter 16, Laws of 1973 2nd ex. sess., shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars nor more than one thousand dollars.
[ 1994 c 164 s 21; 1991 c 303 s 6; 1973 2nd ex.s. c 16 s 16; 1913 c 174 s 17; RRS s 7636. ]
NOTES:
Witnesses protected—Penalty: RCW 49.12.130.
The director shall report annually to the governor on its investigations and proceedings.
[ 1994 c 164 s 22; 1977 c 75 s 73; 1913 c 174 s 20; RRS s 7640. ]
Chapter 16, Laws of 1973 2nd ex. sess. shall not apply to newspaper vendors or carriers and domestic or casual labor in or about private residences and agricultural labor as defined in RCW 50.04.150, as now or hereafter amended.
[ 1973 2nd ex.s. c 16 s 17. ]
(1) This chapter shall not be construed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing concerning wages or standards or conditions of employment. However, rules adopted under this chapter regarding appropriate rest and meal periods as applied to employees in the construction trades may be superseded by a collective bargaining agreement negotiated under the national labor relations act, 29 U.S.C. Sec. 151 et seq., if the terms of the collective bargaining agreement covering such employees specifically require rest and meal periods and prescribe requirements concerning those rest and meal periods.
(2) Employees of public employers may enter into collective bargaining contracts, labor/management agreements, or other mutually agreed to employment agreements that specifically vary from or supersede, in part or in total, rules adopted under this chapter regarding appropriate rest and meal periods.
(3) Rules adopted under this chapter regarding appropriate rest and meal periods as applied to employees who have entered into a contract to play baseball at the minor league level may be superseded by a collective bargaining agreement negotiated under the national labor relations act, 29 U.S.C. Sec. 151 et seq., if the terms of the collective bargaining agreement covering such employees expressly provides for wages and working conditions.
[ 2024 c 132 s 3. Prior: 2003 c 401 s 3; 2003 c 146 s 1; 1973 2nd ex.s. c 16 s 18. ]
NOTES:
Findings—Purpose—Intent—2003 c 401: "The legislature finds that the enactment of chapter 236, Laws of 1988 amended the definition of employer under the industrial welfare act, chapter 49.12 RCW, to ensure that the family care provisions of that act applied to the state and political subdivisions. The legislature further finds that this amendment of the definition of employer may be interpreted as creating an ambiguity as to whether the other provisions of chapter 49.12 RCW have applied to the state and its political subdivisions. The purpose of this act is to make retroactive, remedial, curative, and technical amendments to clarify the intent of chapter 49.12 RCW and chapter 236, Laws of 1988 and resolve any ambiguity. It is the intent of the legislature to establish that, prior to May 20, 2003, chapter 49.12 RCW and the rules adopted thereunder did not apply to the state or its agencies and political subdivisions except as expressly provided for in RCW 49.12.265 through 49.12.295, 49.12.350 through 49.12.370, 49.12.450, and 49.12.460." [ 2003 c 401 s 1.]
Effective date—2003 c 401: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 20, 2003]." [ 2003 c 401 s 6.]
That hereafter in this state every avenue of employment shall be open to women; and any business, vocation, profession and calling followed and pursued by men may be followed and pursued by women, and no person shall be disqualified from engaging in or pursuing any business, vocation, profession, calling or employment or excluded from any premises or place of work or employment on account of sex.
[ 1963 c 229 s 1; 1890 p 519 s 1; RRS s 7620. ]
NOTES:
Qualifications of electors: State Constitution Art. 6 s 1 (Amendment 63).
Sex equality—Rights and responsibility: State Constitution Art. 31 ss 1, 2 (Amendment 61).
(1) Every employer shall, at least annually, upon the request of an employee, permit that employee to inspect any or all of the employee's own personnel file(s) within the time required under RCW 49.12.250.
(2) For the purposes of this section and RCW 49.12.250, 49.12.260, and 49.12.261, "personnel file" includes the following records, if the employer creates such records:
(a) All job application records;
(b) All performance evaluations;
(c) All nonactive or closed disciplinary records;
(d) All leave and reasonable accommodation records;
(e) All payroll records; and
(f) All employment agreements.
(3) This section and RCW 49.12.250 may not be construed to:
(a) Create a retention schedule for records;
(b) Require an employer to create personnel records; or
(c) Supersede Washington state or federal privacy statutes regarding nondisclosure.
[ 2025 c 273 s 1; 1985 c 336 s 1. ]
NOTES:
Destruction or retention of information relating to state employee misconduct: RCW 41.06.450 through 41.06.460.
(1) For any employer other than those specified under subsection (2) of this section:
(a) The employer shall provide a copy of personnel file(s) within 21 calendar days after the employee, former employee, or their designee requests the file(s) at no cost to the employee, former employee, or their designee.
(b) The employer shall, within 21 calendar days of receiving a written request from a former employee or their designee, furnish a signed written statement to the former employee or their designee stating the effective date of discharge, whether the employer had a reason for the discharge, and if so, the reasons.
(2) Any employer subject to the requirements under chapter 42.56 RCW shall provide a copy of personnel file(s) when requested by the employee, former employee, or their designee in accordance with the procedures and requirements set forth in chapter 42.56 RCW. This subsection (2) does not limit or modify disclosure requirements under chapter 42.56 RCW.
(3)(a) An employee annually may petition that the employer under subsection (1) or (2) of this section review all information in the employee's personnel file(s) that are regularly maintained by the employer as a part of the employer's business records or are subject to reference for information given to persons outside of the company. The employer shall determine if there is any irrelevant or erroneous information in the file(s), and shall remove all such information from the file(s). If an employee does not agree with the employer's determination, the employee may at the employee's request have placed in the employee's personnel file a statement containing the employee's rebuttal or correction. Nothing in this subsection prevents the employer from removing information more frequently.
(b) A former employee shall retain the right of rebuttal or correction for a period not to exceed two years.
(4) For the purposes of this section, "former employee" means a person who separated from the employer within three years of the date of the person's request.
[ 2025 c 273 s 2; 1985 c 336 s 2. ]
RCW 49.12.240 and 49.12.250 do not apply to the records of an employee relating to the investigation of a possible criminal offense. RCW 49.12.240 and 49.12.250 do not apply to information or records compiled in preparation for an impending lawsuit which would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
[ 1985 c 336 s 3. ]
(1)(a) An employee or former employee may enforce RCW 49.12.250(1) through a private cause of action in superior court and for each violation will be entitled to equitable relief, statutory damages, and reasonable attorneys' fees and costs.
(b) Prior to enforcing through a private cause of action, the employee or former employee shall give a notice of intent to sue to the employer. The notice of intent to sue must reference that the employee or former employee has the right to bring a legal action under Washington state law. The notice of intent to sue may be provided to the employer with the initial request for a copy of the personnel file or anytime thereafter. No cause of action arising from the failure to provide the complete personnel file may be commenced until five calendar days have elapsed after the notice of intent to sue is provided to the employer.
(2) The statutory damages for each violation are:
(a) $250 if the complete personnel file or the statement required under RCW 49.12.250(1) is not provided within 21 calendar days of the request;
(b) $500 if the complete personnel file or the statement required under RCW 49.12.250(1) is not provided within 28 calendar days of the request;
(c) $1,000 if the complete personnel file or the statement required under RCW 49.12.250(1) is provided later than 35 calendar days of the request; and
(d) $500 for any other violations.
[ 2025 c 273 s 3. ]
The definitions in this section apply throughout RCW 49.12.270 through 49.12.295 unless the context clearly requires otherwise.
(1) "Child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is: (a) Under eighteen years of age; or (b) eighteen years of age or older and incapable of self-care because of a mental or physical disability.
(2) "Grandparent" means a parent of a parent of an employee.
(3) "Parent" means a biological or adoptive parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child.
(4) "Parent-in-law" means a parent of the spouse of an employee.
(5) "Sick leave or other paid time off" means time allowed under the terms of an appropriate state law, collective bargaining agreement, or employer policy, as applicable, to an employee for illness, vacation, and personal holiday. If paid time is not allowed to an employee for illness, "sick leave or other paid time off" also means time allowed under the terms of an appropriate state law, collective bargaining agreement, or employer policy, as applicable, to an employee for disability under a plan, fund, program, or practice that is: (a) Not covered by the employee retirement income security act of 1974, 29 U.S.C. Sec. 1001 et seq.; and (b) not established or maintained through the purchase of insurance.
(6) "Spouse" means a husband or wife, as the case may be.
[ 2005 c 499 s 1; 2002 c 243 s 2. ]
NOTES:
Effective date—2002 c 243: "This act takes effect January 1, 2003." [ 2002 c 243 s 4.]
(1) If, under the terms of a collective bargaining agreement or employer policy applicable to an employee, the employee is entitled to sick leave or other paid time off, then an employer shall allow an employee to use any or all of the employee's choice of sick leave or other paid time off to care for: (a) A child of the employee with a health condition that requires treatment or supervision; or (b) a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency condition. An employee may not take advance leave until it has been earned. The employee taking leave under the circumstances described in this section must comply with the terms of the collective bargaining agreement or employer policy applicable to the leave, except for any terms relating to the choice of leave.
(2) Use of leave other than sick leave or other paid time off to care for a child, spouse, parent, parent-in-law, or grandparent under the circumstances described in this section shall be governed by the terms of the appropriate collective bargaining agreement or employer policy, as applicable.
[ 2002 c 243 s 1; 1988 c 236 s 3. ]
NOTES:
Effective date—2002 c 243: See note following RCW 49.12.265.
Legislative findings—1988 c 236: "The legislature recognizes the changing nature of the workforce brought about by increasing numbers of working mothers, single parent households, and dual career families. The legislature finds that the needs of families must be balanced with the demands of the workplace to promote family stability and economic security. The legislature further finds that it is in the public interest for employers to accommodate employees by providing reasonable leaves from work for family reasons. In order to promote family stability, economic security, and the public interest, the legislature hereby establishes a minimum standard for family care. Nothing contained in this act shall prohibit any employer from establishing family care standards more generous than the minimum standards set forth in this act." [ 1988 c 236 s 1.]
Effective date—1988 c 236: "This act shall take effect on September 1, 1988." [ 1988 c 236 s 12.]
Implementation—1988 c 236: "Prior to September 1, 1988, the department of labor and industries may take such steps as are necessary to ensure that chapter 236, Laws of 1988 is implemented on September 1, 1988." [ 1988 c 236 s 10.]
Severability—1988 c 236: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1988 c 236 s 11.]
The department shall develop and furnish to each employer a poster which describes an employer's obligations and an employee's rights under RCW 49.12.270 through 49.12.295. The poster must include notice about any state law, rule, or regulation governing maternity disability leave and indicate that federal or local ordinances, laws, rules, or regulations may also apply. The poster must also include a telephone number and an address of the department to enable employees to obtain more information regarding RCW 49.12.270 through 49.12.295. Each employer must display this poster in a conspicuous place. Every employer shall also post its leave policies, if any, in a conspicuous place. Nothing in this section shall be construed to create a right to continued employment.
[ 1988 c 236 s 2. ]
NOTES:
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.
The department shall administer and investigate violations of RCW 49.12.270 and 49.12.275.
[ 1988 c 236 s 4. ]
NOTES:
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.
The department may issue a notice of infraction if the department reasonably believes that an employer has failed to comply with RCW 49.12.270 or 49.12.275. The form of the notice of infraction shall be adopted by rule pursuant to chapter 34.05 RCW. An employer who is found to have committed an infraction under RCW 49.12.270 or 49.12.275 may be assessed a monetary penalty not to exceed two hundred dollars for each violation. An employer who repeatedly violates RCW 49.12.270 or 49.12.275 may be assessed a monetary penalty not to exceed one thousand dollars for each violation. For purposes of this section, the failure to comply with RCW 49.12.275 as to an employee or the failure to comply with RCW 49.12.270 as to a period of leave sought by an employee shall each constitute separate violations. An employer has twenty days to appeal the notice of infraction. Any appeal of a violation determined to be an infraction shall be heard and determined by an administrative law judge. Monetary penalties collected under this section shall be deposited into the general fund.
[ 1988 c 236 s 5. ]
NOTES:
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.
An employer shall not discharge, threaten to discharge, demote, suspend, discipline, or otherwise discriminate against an employee because the employee: (1) Has exercised, or attempted to exercise, any right provided under RCW 49.12.270 through 49.12.295; or (2) has filed a complaint, testified, or assisted in any proceeding under RCW 49.12.270 through 49.12.295.
[ 2002 c 243 s 3. ]
NOTES:
Effective date—2002 c 243: See note following RCW 49.12.265.
Nothing in RCW 49.12.270 through 49.12.295 shall be construed to reduce any provision in a collective bargaining agreement.
[ 1988 c 236 s 6. ]
NOTES:
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.
The department shall notify all employers of the provisions of RCW 49.12.270 through 49.12.290.
[ 1988 c 236 s 7. ]
NOTES:
Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.
(1) No person under sixteen years of age may be employed in house-to-house sales unless the department grants a variance permitting specific employment under criteria adopted by department rule.
(2) No person sixteen or seventeen years of age may be employed in house-to-house sales unless the employer:
(a) Obtains and maintains a validated registration certificate issued by the department. Application for registration shall be made on a form prescribed by the director, which shall include but not be limited to:
(i) The employer's name, permanent address, and telephone number;
(ii) The employer's social security number and industrial insurance number or, in lieu of these numbers, the employer's unified business identifier account number; and
(iii) A description of the work to be performed by persons aged sixteen or seventeen and the working conditions under which the work will be performed;
(b) Provides each employee sixteen or seventeen years of age, before beginning work, an identification card in a form prescribed by the director. The card shall include, but not be limited to, a picture of the employee, the employee's name, the name and address of the employer, a statement that the employer is registered with the department of labor and industries, and the registration number. The person employed in house-to-house sales shall show the identification card to each customer or potential customer of the person;
(c) Ensures supervision by a person aged twenty-one years or over during all working hours, with each supervisor responsible for no more than five persons; and
(d) If transporting an employee sixteen or seventeen years of age to another state, obtains the express written consent of the employee's parent or legal guardian.
(3) An employer may not employ a person sixteen or seventeen years of age in house-to-house sales after the hour of nine p.m.
(4) The department shall adopt by rule procedures for the renewal, denial, or revocation of registrations required by this section.
[ 1989 c 216 s 1. ]
(1) Any person advertising to employ a person in house-to-house sales with an advertisement specifically prescribing a minimum age requirement that is under the age of twenty-one shall:
(a) Register with the department as provided in RCW 49.12.300(2)(a); and
(b) Include the following information in any advertisement:
(i) The registration number required by subsection (1)(a) of this section;
(ii) The specific nature of the employment and the product or services to be sold; and
(iii) The average monthly compensation paid in the previous six months to new employees, taking into account any deductions made pursuant to the employment contract.
(2) Advertising to recruit or employ a person in house-to-house sales shall not be false, misleading, or deceptive.
(3) A violation of this section is an unfair act or practice in violation of the consumer protection act, chapter 19.86 RCW. The remedies and sanctions provided under chapter 19.86 RCW shall not preclude application of other available remedies and sanctions.
(4) No publisher, radio broadcast licensee, advertising agency, or agency or medium for the dissemination of an advertisement may be subject to penalties by reason of dissemination of any false, misleading, or deceptive advertisement, or for an advertisement that fails to meet the requirements of subsection (1) of this section, unless he or she has refused on the request of the director to furnish the name and address of the person purchasing the advertising.
[ 1989 c 216 s 2. ]
For the purposes of RCW 49.12.300 and 49.12.310:
(1) "Employ" includes to engage, suffer, or permit to work, but does not include voluntary or donated services performed for no compensation, or without expectation or contemplation of compensation as the adequate consideration for the services performed, for an educational, charitable, religious, state or local government body or agency, or nonprofit organization, or services performed by a newspaper vendor or a person in the employ of his or her parent or stepparent.
(2) "House-to-house sales" includes a sale or other transaction in consumer goods, the demonstration of products or equipment, the obtaining of orders for consumer goods, or the obtaining of contracts for services, in which the employee personally solicits the sale or transaction at a place other than the place of business of the employer.
[ 1989 c 216 s 3. ]
The department shall adopt rules to implement RCW 49.12.300 through 49.12.320.
[ 1989 c 216 s 4. ]
The legislature finds that employers often distinguish between biological parents, and adoptive parents and stepparents in their employee leave policies. Many employers who grant leave to their employees to care for a newborn child either have no policy or establish a more restrictive policy regarding whether an adoptive parent or stepparent can take similar leave. The legislature further finds that many employers establish different leave policies for men and women regarding the care of a newborn or newly placed child. The legislature recognizes that the bonding that occurs between a parent and child is important to the nurturing of that child, regardless of whether the parent is the child's biological parent and regardless of the gender of the parent. For these reasons, the legislature declares that it is the public policy of this state to require that employers who grant leave to their employees to care for a newborn child make the same leave available upon the same terms for adoptive parents and stepparents, men and women.
[ 1989 1st ex.s. c 11 s 22. ]
NOTES:
Effective date—1989 1st ex.s. c 11: "This act shall take effect September 1, 1989." [ 1989 1st ex.s. c 11 s 27.]
(1) An employer must grant an adoptive parent or a stepparent, at the time of birth or initial placement for adoption of a child under the age of six, the same leave under the same terms as the employer grants to biological parents. As a term of leave, an employer may restrict leave to those living with the child at the time of birth or initial placement.
(2) An employer must grant the same leave upon the same terms for men as it does for women.
(3) The department shall administer and investigate violations of this section. Notices of infraction, penalties, and appeals shall be administered in the same manner as violations under RCW 49.12.285.
(4) For purposes of this section, "leave" means any leave from employment granted to care for a newborn or a newly adopted child at the time of placement for adoption.
(5) Nothing in this section requires an employer to:
(a) Grant leave equivalent to maternity disability leave; or
(b) Establish a leave policy to care for a newborn or newly placed child if no such leave policy is in place for any of its employees.
[ 2003 c 401 s 4; 1989 1st ex.s. c 11 s 23. ]
NOTES:
Findings—Purpose—Intent—Effective date—2003 c 401: See notes following RCW 49.12.187.
Effective date—1989 1st ex.s. c 11: See note following RCW 49.12.350.
In the case of employees covered by an unexpired collective bargaining agreement that expires on or after September 1, 1989, or by an employee benefit program or plan with a stated year ending on or after September 1, 1989, the effective date of RCW 49.12.360 shall be the later of: (1) The first day following expiration of the collective bargaining agreement; or (2) the first day of the next plan year.
[ 1989 1st ex.s. c 11 s 24. ]
NOTES:
Effective date—1989 1st ex.s. c 11: See note following RCW 49.12.350.
Upon adoption of the rules under *section 1 of this act, the department of labor and industries shall implement a comprehensive program to inform employers of the rules adopted. The program shall include mailings, public service announcements, seminars, and any other means deemed appropriate to inform all Washington employers of their rights and responsibilities regarding the employment of minors.
[ 1991 c 303 s 2. ]
NOTES:
*Reviser's note: Section 1 of this act, which amended RCW 49.12.121, was vetoed by the governor.
(1)(a) If the director, or the director's designee, finds that an employer has violated any of the requirements of RCW 49.12.121 or 49.12.123, or a rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123, a citation and notice of assessment stating the violations shall be issued to the employer. The citation and notice of assessment shall be in writing, describing the nature of the violation including reference to the standards, rules, or orders alleged to have been violated. The citation and penalty assessment must be given to the highest management official available at the workplace or sent using an electronic or nonelectronic method to the employer at the workplace. In addition, the department shall send, using an electronic or nonelectronic method, a copy of the citation and penalty assessment to the central personnel office of the employer. Before using an electronic method for the first time under this subsection, the department must provide the employer the option to receive communication through a nonelectronic method. Citations issued under this section must be posted at or near the place where the violation occurred.
(b) A first-time citation for failure to obtain a minor work permit or parental or school authorization, for failure to maintain records, or for a violation deemed nonserious by the department must state a specific and reasonable time for abatement of the violation to allow the employer to correct the violation. The department may waive or reduce a civil penalty assessed for a first-time violation under this subsection if the director determines that the employer has taken corrective action to resolve the violation.
(c) The employer must be assessed a civil penalty as follows:
(i) No less than $100 and no more than $1,000 for each violation involving failure to obtain a minor work permit or parental or school authorization, for failure to maintain records, or for each other nonserious violation;
(ii) No less than $150 and no more than $1,000 for each violation involving failure to comply with hours of work requirements;
(iii) No less than $300 and no more than $1,000 for each violation involving failure to comply with meal break or rest break requirements;
(iv) No less than $1,000 for each violation involving failure to comply with prohibited duty requirements, variance conditions, or minimum wage requirements for minors, or for each other serious violation, except the civil penalty may be no less than $2,000 for each violation in a second or subsequent citation for any of these violations identified in this subsection (1)(c)(iv);
(v) No less than $15,000 for any violation resulting in the serious physical harm of a minor, which may be doubled where the violation is a willful violation or a repeated violation; and
(vi) No less than $71,000 for any violation resulting in the death of a minor, which may be doubled where the violation is a willful violation or a repeated violation.
(d) If the director, or the director's designee, finds that an employer has committed a serious or repeated violation of the requirements of RCW 49.12.121 or 49.12.123, or any rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123, the employer is subject to an additional civil penalty assessment of a maximum of $5,000 for each subsequent day the violation continues. For the purposes of this subsection (1)(d), a serious violation shall be deemed to exist if death or serious physical harm has resulted or is imminent from a condition that exists, or from one or more practices, means, methods, operations, or processes that have been adopted or are in use by the employer, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
(e) The department shall consider the following factors when determining the amount of any penalty assessment under this section: (i) Whether the violation was committed willfully or the violation is a repeat violation; (ii) the size of the employer; (iii) the age of the minor; (iv) the gravity of the violation; (v) the hazards created by the violation; (vi) the penalties for comparable violations under federal law; (vii) the penalty amount necessary to deter future noncompliance; (viii) ensuring the penalty amount is consistent with the purposes of this chapter; and (ix) any other factor warranting an adjustment in the penalty as deemed appropriate by the department.
(f) Beginning July 1, 2027, and every two years thereafter, the department shall adjust by rule the amounts in (c) and (d) of this subsection for inflation by calculating to the nearest cent using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index.
(2) The employer shall pay the amount assessed under this section within 30 days of receipt of the penalty assessment or notify the director of the employer's intent to appeal the citation or the penalty assessment as provided in RCW 49.12.400. If an employer fails to pay an assessment under this section after it has become a final and unappealable order, or after the court has entered final judgment in favor of the department, the director may initiate collection procedures in accordance with RCW 49.48.086.
(3) In addition to any other authority provided in this section, if, upon inspection or investigation, the director, or director's designee, believes that an employer has violated RCW 49.12.121 or 49.12.123, or a rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123, and that the violation creates a danger from which there is a substantial probability that death or serious physical harm could result to a minor employee, the director, or director's designee, may issue an order immediately restraining the condition, practice, method, process, or means creating the danger in the workplace. An order issued under this subsection may require the employer to take steps necessary to avoid, correct, or remove the danger and may prohibit the presence of a minor in locations or under conditions where the danger exists.
(4)(a) The director or the director's designee shall revoke an employer's minor work permit and prohibit the employer from obtaining a minor work permit for no less than 12 months if:
(i) The employer has been issued a safety and health citation under RCW 49.17.120 containing one or more violations under RCW 49.17.180 (1), (2), (4), or (5) or any citation and notice of assessment containing one or more violations of RCW 49.12.121 or 49.12.123 or any applicable rule or order, where one or more of the violations caused serious physical harm or death to a minor; or
(ii) An order has been issued immediately restraining an employer's condition, practice, method, process, or means in the workplace pursuant to subsection (3) of this section or RCW 49.17.130 or 49.17.170.
(b) Following a revocation under this subsection, a minor work permit may not be reissued to an employer unless the employer has not been issued a citation for any violations of the provisions identified in (a)(i) of this subsection for at least 12 months.
(c) This subsection does not prohibit the department from revoking, suspending, or modifying a minor work permit for any reason or cause provided for under state law or department rule or policy.
(5) A person who gives advance notice, without the authority of the director, of an inspection to be conducted under this chapter shall be assessed a civil penalty of not more than $1,000.
(6) Penalties assessed under this section shall be paid to the director and deposited into the general fund.
(7) The department shall include in its annual report submitted under RCW 49.12.180 the following information:
(a) The number and type of citations and penalties issued and imposed under this section;
(b) The number of and reasons for revocations of minor work permits; and
(c) The number and nature of workplace injuries involving minors reviewed by the department, including whether those injuries resulted in citations or permit revocations under this section.
[ 2026 c 77 s 14; 2025 c 173 s 2; 1991 c 303 s 3. ]
NOTES:
Effective date—2025 c 173: See note following RCW 49.30.060.
A person, firm, or corporation aggrieved by an action taken or decision made by the department under RCW 49.12.390 may appeal the action or decision to the director by filing notice of the appeal with the director within thirty days of the department's action or decision. A notice of appeal filed under this section shall stay the effectiveness of a citation or notice of the assessment of a penalty pending review of the appeal by the director, but such appeal shall not stay the effectiveness of an order of immediate restraint issued under RCW 49.12.390. Upon receipt of an appeal, a hearing shall be held in accordance with chapter 34.05 RCW. The director shall issue all final orders after the hearing. The final orders are subject to appeal in accordance with chapter 34.05 RCW. Orders not appealed within the time period specified in chapter 34.05 RCW are final and binding.
[ 1991 c 303 s 4. ]
(1) An employer who knowingly or recklessly violates the requirements of RCW 49.12.121, 49.12.123, or 49.30.060, or a rule or order adopted under RCW 49.12.121, 49.12.123, or 49.30.060, is guilty of a gross misdemeanor.
(2) An employer whose practices in violation of the requirements of RCW 49.12.121, 49.12.123, or 49.30.060, or a rule or order adopted under RCW 49.12.121, 49.12.123, or 49.30.060, result in the death or permanent disability of a minor employee is guilty of a class C felony punishable according to chapter 9A.20 RCW.
[ 2025 c 173 s 3; 2003 c 53 s 273; 1991 c 303 s 5. ]
NOTES:
Effective date—2025 c 173: See note following RCW 49.30.060.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
The penalties established in RCW 49.12.390 and 49.12.410 for violations of RCW 49.12.121 and 49.12.123 are exclusive remedies.
[ 1991 c 303 s 7. ]
The department may not prohibit a minor from participating in an occupation based on the risk of exposure to bodily fluids or transmission of infectious agents if the minor has a valid professional license or certification issued by the department of health under Title 18 RCW and said license or certification requires competency in relevant procedures for preventing transmission of blood-borne pathogens and infectious diseases.
[ 2025 c 98 s 4. ]
NOTES:
Finding—Intent—2025 c 98: See note following RCW 18.73.165.
(1) Notwithstanding the provisions of chapter 49.46 RCW or other provisions of this chapter, the obligation of an employer to furnish or compensate an employee for apparel required during work hours shall be determined only under this section.
(2) Employers are not required to furnish or compensate employees for apparel that an employer requires an employee to wear during working hours unless the required apparel is a uniform.
(3) As used in this section, "uniform" means:
(a) Apparel of a distinctive style and quality that, when worn outside of the workplace, clearly identifies the person as an employee of a specific employer;
(b) Apparel that is specially marked with an employer's logo;
(c) Unique apparel representing an historical time period or an ethnic tradition; or
(d) Formal apparel.
(4) Except as provided in subsection (5) of this section, if an employer requires an employee to wear apparel of a common color that conforms to a general dress code or style, the employer is not required to furnish or compensate an employee for that apparel. For the purposes of this subsection, "common color" is limited to the following colors or light or dark variations of such colors: White, tan, or blue, for tops; and tan, black, blue, or gray, for bottoms. An employer is permitted to require an employee to obtain two sets of wearing apparel to accommodate for the seasonal changes in weather which necessitate a change in wearing apparel.
(5) If an employer changes the color or colors of apparel required to be worn by any of his or her employees during a two-year period of time, the employer shall furnish or compensate the employees for the apparel. The employer shall be required to furnish or compensate only those employees who are affected by the change. The two-year time period begins on the date the change in wearing apparel goes into effect and ends two years from this date. The beginning and end of the two-year time period applies to all employees regardless of when the employee is hired.
(6) For the purposes of this section, personal protective equipment required for employee protection under chapter 49.17 RCW is not deemed to be employee wearing apparel.
[ 2016 c 202 s 55; 1998 c 334 s 2. ]
NOTES:
Construction—1998 c 334: "Nothing in this act shall be construed to alter the terms, conditions, or practices contained in any collective bargaining agreement in effect at the time of June 11, 1998, until the expiration date of such agreement." [ 1998 c 334 s 3.]
(1) An employer may not discharge from employment or discipline:
(a) A volunteer firefighter or reserve officer because of leave taken related to an alarm of fire or an emergency call; or
(b) A civil air patrol member because of leave taken related to an emergency service operation.
(2)(a) A volunteer firefighter or reserve officer or civil air patrol member who believes he or she was discharged or disciplined in violation of this section may file a complaint alleging the violation with the director. The volunteer firefighter or reserve officer or civil air patrol member may allege a violation only by filing such a complaint within ninety days of the alleged violation.
(b) Upon receipt of the complaint, the director must cause an investigation to be made as the director deems appropriate and must determine whether this section has been violated. Notice of the director's determination must be sent to the complainant and the employer within ninety days of receipt of the complaint.
(c) If the director determines that this section was violated and the employer fails to reinstate the employee or withdraw the disciplinary action taken against the employee, whichever is applicable, within thirty days of receipt of notice of the director's determination, the volunteer firefighter or reserve officer or civil air patrol member may bring an action against the employer alleging a violation of this section and seeking reinstatement or withdrawal of the disciplinary action.
(d) In any action brought under this section, the superior court shall have jurisdiction, for cause shown, to restrain violations under this section and to order reinstatement of the employee or withdrawal of the disciplinary action.
(3) For the purposes of this section:
(a) "Alarm of fire or emergency call" means responding to, working at, or returning from a fire alarm or an emergency call, but not participating in training or other nonemergency activities.
(b) "Civil air patrol member" means a person who is a member of the Washington wing of the civil air patrol.
(c) "Emergency service operation" means the following operations of the civil air patrol:
(i) Search and rescue missions designated by the air force rescue coordination center;
(ii) Disaster relief, when requested by the federal emergency management agency or the department of homeland security;
(iii) Humanitarian services, when requested by the federal emergency management agency or the department of homeland security;
(iv) United States air force support designated by the first air force; and
(v) Counterdrug missions.
(d) "Employer" means an employer who had twenty or more full-time equivalent employees in the previous year.
(e) "Reinstatement" means reinstatement with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.
(f) "Withdrawal of disciplinary action" means withdrawal of disciplinary action with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.
(g) "Volunteer firefighter" means a firefighter covered under chapter 41.24 RCW who:
(i) Voluntarily performs, regardless of reimbursement, any assigned or authorized duties on behalf of or at the direction of a firefighting or emergency response unit of a city, county, fire district, regional fire protection district, port district, or the state, including but not limited to service pursuant to RCW 43.43.960 through 43.43.975; and
(ii)(A) Has notified their employer of their firefighter status and intent to serve as a volunteer if already at the place of employment when called to serve as a volunteer; or
(B) If not already at the place of employment when called to serve as a volunteer, has been ordered to remain at their position by the commanding authority at the scene of the fire.
(h) "Reserve officer" has the meaning provided in RCW 41.24.010.
(4) The legislature declares that the public policies articulated in this section depend on the procedures established in this section and no civil or criminal action may be maintained relying on the public policies articulated in this section without complying with the procedures set forth in this section, and to that end all civil actions and civil causes of action for such injuries and all jurisdiction of the courts of this state over such causes are hereby abolished, except as provided in this section.
[ 2021 c 105 s 2; 2010 c 170 s 1; 2004 c 44 s 1; 2003 c 401 s 5; 2001 c 173 s 1. ]
NOTES:
Finding—2021 c 105: "In 2020, wildfire swept across central Washington. In the aftermath, it was found that volunteer firefighters were not allowed to leave work to fight for their family homes simply because they would have been paid as wildland firefighters. The legislature finds that volunteer firefighters, even those compensated for wildland firefighting, should be allowed to leave work to protect their communities." [ 2021 c 105 s 1.]
Effective date—2021 c 105: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 16, 2021]." [ 2021 c 105 s 3.]
Findings—Purpose—Intent—Effective date—2003 c 401: See notes following RCW 49.12.187.
(1) The director shall establish a farm internship project for the employment of farm interns on small farms under special certificates at wages, if any, as authorized by the department and subject to such limitations as to time, number, proportion, and length of service as provided in this section and as prescribed by the department.
(2)(a) A small farm may employ no more than three interns at one time under this section.
(b) For any small farm located in a county that became eligible to participate in the farm intern [internship] project on May 4, 2023, at least one of the interns employed by the farm must be an individual who, in addition to meeting the farm's qualifications applicable to all intern applicants, also has direct experience working as a migrant farmworker or whose parent or grandparent has direct experience working as a migrant farmworker. If a farm is employing only one intern and the farm does not receive any applications from individuals who meet the criteria set forth in this subsection, the requirement of this subsection does not apply. If a farm is employing more than one intern, the farm must employ at least one intern who meets the criteria set forth in this subsection.
(3) A small farm must apply for a special certificate on a form made available by the director. The application must set forth: The name of the farm and a description of the farm seeking the certificate; the type of work to be performed by a farm intern; a description of the internship program; the period of time for which the certificate is sought and the duration of an internship; the number of farm interns for which a special certificate is sought; the wages, if any, that will be paid to the farm intern; any room and board, stipends, and other remuneration the farm will provide to a farm intern; and the total number of workers employed by the farm.
(4) Upon receipt of an application, the department shall review the application and issue a special certificate to the requesting farm within fifteen days if the department finds that:
(a) The farm qualifies as a small farm;
(b) There have been no serious violations of chapter 49.46 RCW or Title 51 RCW that provide reasonable grounds to believe that the terms of an internship agreement may not be complied with;
(c) The issuance of a certificate will not create unfair competitive labor cost advantages nor have the effect of impairing or depressing wage or working standards established for experienced workers for work of a like or comparable character in the industry or occupation at which the intern is to be employed;
(d) A farm intern will not displace an experienced worker;
(e) If subsection (2)(b) of this section applies, the farm has included in the application either: (i) An attestation from at least one farm intern stating that the farm intern is an individual who has direct experience working as a migrant farmworker or whose parent or grandparent has direct experience working as a migrant farmworker; or (ii) an attestation that the farm is employing only one intern and the farm did not receive any applications from individuals who meet the criteria set forth in subsection (2)(b) of this section; and
(f) The farm demonstrates that the interns will perform work for the farm under an internship program that: (i) Provides a curriculum of learning modules and supervised participation in farm work activities designed to teach farm interns about farming practices and farm enterprises; (ii) is based on the bona fide curriculum of an educational or vocational institution; (iii) encourages the interns to participate in career and technical education or other educational content with courses in agriculture or related programs of study at a community or technical college; and (iv) is reasonably designed to provide the intern with vocational knowledge and skills about farming practices and enterprises. In assessing an internship program, the department may consult with relevant college and university departments and extension programs and state and local government agencies involved in the regulation or development of agriculture.
(5) A special certificate issued under this section must specify the terms and conditions under which it is issued, including: The name of the farm; the duration of the special certificate allowing the employment of farm interns and the duration of an internship; the total number of interns authorized under the special certificate; the authorized wage rate, if any; and any room and board, stipends, and other remuneration the farm will provide to the farm intern. A farm intern may be paid at wages specified in the certificate only during the effective period of the certificate and for the duration of the internship.
(6) If the department denies an application for a special certificate, notice of denial must be mailed to the farm. The farm listed on the application may, within fifteen days after notice of such action has been mailed, file with the director a petition for review of the denial, setting forth grounds for seeking such a review. If reasonable grounds exist, the director or the director's authorized representative may grant such a review and, to the extent deemed appropriate, afford all interested persons an opportunity to be heard on such review.
(7) Before employing a farm intern, a farm must submit a statement on a form made available by the director stating that the farm understands: The requirements of the industrial welfare act, this chapter, that apply to farm interns; that the farm must pay workers' compensation premiums in the assigned intern risk class and must pay workers' compensation premiums for nonintern work hours in the applicable risk class; and that if the farm does not comply with subsection (8) of this section, the director may revoke the special certificate.
(8) The director may revoke a special certificate issued under this section if a farm fails to: Comply with the requirements of the industrial welfare act, this chapter, that apply to farm interns; pay workers' compensation premiums in the assigned intern risk class; or pay workers' compensation premiums in the applicable risk class for nonintern work hours.
(9) Before the start of a farm internship, the farm and the intern must sign a written agreement and send a copy of the agreement to the department. The written agreement must, at a minimum:
(a) Describe the internship program offered by the farm, including the skills and objectives the program is designed to teach and the manner in which those skills and objectives will be taught;
(b) Explicitly state that the intern is not entitled to unemployment benefits or minimum wages for work and activities conducted pursuant to the internship program for the duration of the internship;
(c) Describe the responsibilities, expectations, and obligations of the intern and the farm, including the anticipated number of hours of farm activities to be performed by and the anticipated number of hours of curriculum instruction provided to the intern per week;
(d) Describe the activities of the farm and the type of work to be performed by the farm intern; and
(e) Describe any wages, room and board, stipends, and other remuneration the farm will provide to the farm intern.
(10) The department must limit the administrative costs of implementing the internship program by relying on farm organizations and other stakeholders to perform outreach and inform the farm community of the program and by limiting employee travel to the investigation of allegations of noncompliance with program requirements.
(11) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Farm intern" means an individual who provides services to a small farm under a written agreement and primarily as a means of learning about farming practices and farm enterprises.
(b) "Farm internship program" means an internship program described under subsection (4)(e) of this section.
(c) "Small farm" means a farm:
(i) Organized as a sole proprietorship, partnership, or corporation;
(ii) That reports on the applicant's schedule F of form 1040 or other applicable form filed with the United States internal revenue service annual sales less than $265,000; and
(iii) Where all the owners or partners of the farm provide regular labor to and participate in the management of the farm, and own or lease the productive assets of the farm.
(12) The department shall monitor and evaluate the farm internships authorized by this section and report to the appropriate committees of the legislature by December 31, 2024. The report must include, but not be limited to: The number of small farms that applied for and received special certificates; the number of interns employed as farm interns; the nature of the educational activities provided to the farm interns; the wages and other remuneration paid to farm interns; the number of and type of workers' compensation claims for farm interns; the employment of farm interns following farm internships; and other matters relevant to assessing farm internships authorized in this section.
[ 2023 c 269 s 2; 2020 c 212 s 1. ]
NOTES:
Findings—2023 c 269: "The legislature finds that encouraging participation in agriculture is valuable. The farm internship program allows students to experience farming practices and get hands-on experience with farming activities. The internship program has existed since 2014 and was piloted in a few select counties. The legislature finds that this program is valuable, should be extended to all counties, and should continue without an expiration date." [ 2023 c 269 s 1.]
Effective date—2023 c 269: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 4, 2023]." [ 2023 c 269 s 6.]
Effective date—2020 c 212: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 27, 2020]." [ 2020 c 212 s 5.]
(1) An employer shall provide employees with meal and rest periods as required by law, subject to the following:
(a) Rest periods must be scheduled at any point during each work period during which the employee is required to receive a rest period;
(b) Employers must provide employees with uninterrupted meal and rest breaks. This subsection (1)(b) does not apply in the case of:
(i) An unforeseeable emergent circumstance, as defined in RCW 49.28.130; or
(ii) An unforeseeable clinical circumstance, as determined by the employee that may lead to a significant adverse effect on the patient's condition, unless the employer or employer's designee determines that the patient may suffer life-threatening adverse effects;
(c) For any work period for which an employee is entitled to one or more meal periods and more than one rest period, the employee and the employer may agree that one or more meal or rest periods may be combined with one or more rest periods. This agreement may be revoked at any time by the employee. If the employee is required to remain on duty during the combined meal and rest period, the time shall be paid. If the employee is released from duty for an uninterrupted combined meal and rest period, the time corresponding to the meal period shall be unpaid, but the time corresponding to the rest period shall be paid.
(d)(i) An employer and employee may agree to waive:
(A) The meal period, if any, in a work shift of less than eight hours; or
(B) The second and/or third meal period in a work shift of eight hours or longer, so long as at least one meal period is provided and taken during the shift.
(ii) An employer and employee may also agree to waive otherwise applicable timing requirements for meal and rest periods, so long as the meal period starts no earlier than the third hour worked and no later than the second to last hour scheduled.
(iii) Any waiver must be in writing or electronic recordkeeping format. The employer must record the signed waiver in the applicable electronic information management system, and ensure the record is retrievable upon request. The waiver must include a summary of the applicable department rule governing meal and rest periods and advise the employee that the employee may have other rights under the applicable provisions of a collective bargaining agreement if one exists. Any waiver under this subsection (1)(d) must be voluntary, and the employer must expressly advise the employee that it is voluntary. The waiver must be agreed to by the employer and employee in advance of the first shift in which it is relied upon. Any waiver may be revoked at any time by the employer or employee. Where applicable, the written waiver must be submitted on a form agreed to between the employer and the collective bargaining organization for employees it represents.
(iv) Employers may inform employees of the meal and rest period waivers typically relied upon by employees on the shifts they are working and may make waivers available to employees, so long as those waivers comply with this subsection (1)(d).
(v) A waived meal or rest period does not constitute a missed meal or rest period for purposes of RCW 49.12.483, so long as those waivers comply with this subsection (1)(d).
(2)(a) The employer shall provide a mechanism to record when an employee misses a meal or rest period and maintain these records.
(b)(i) The employer must provide a quarterly report to the department, including the following for the quarter covered by the report:
(A) The total meals and rest periods missed in violation of this section;
(B) The total number of meal and rest periods waived by an agreement under subsection (1)(d) of this section; and
(C) The total number of meals and rest periods required during the quarter.
(ii) Each quarterly report is due to the department 30 calendar days after the conclusion of the calendar quarter.
(c) The provisions of (b) in this subsection (2) do not apply to hospitals defined in RCW 70.41.420(7)(b)(iv) until July 1, 2026.
(3) For purposes of this section, the following terms have the following meanings:
(a) "Employee" means a person who:
(i) Is employed by an employer;
(ii) Is involved in direct patient care activities or clinical services; and
(iii) Receives an hourly wage or is covered by a collective bargaining agreement.
(b) "Employer" means hospitals licensed under chapter 70.41 RCW.
[ 2025 c 101 s 2; 2023 c 114 s 8; 2019 c 296 s 1. ]
NOTES:
Finding—Intent—2025 c 101: "(1) The legislature finds that rest breaks and meal breaks are important for health care workers to provide a safe workplace and safe patient care. The department of labor and industries' rules governing rest breaks and meal breaks were promulgated at a time when work shifts of 10 hours or more were unusual, but these work shifts are now routine in Washington's hospitals and commonly requested by health care workers.
(2) The legislature therefore intends to clarify certain aspects of scheduling and taking rest breaks and meal breaks for covered health care workers while fully protecting health care employees' rights to receive all rest breaks and meal breaks to which they are entitled." [ 2025 c 101 s 1.]
Effective date—2025 c 101: "This act takes effect January 1, 2026." [ 2025 c 101 s 3.]
Effective date—2023 c 114: See note following RCW 70.41.410.
Effective date—2019 c 296: "This act takes effect January 1, 2020." [ 2019 c 296 s 4.]
(1) The department must enforce the provisions of RCW 49.12.480, including reviewing reports submitted under RCW 49.12.480(2) to ensure they are timely, complete, and on the department-issued form.
(2)(a) Upon the department's review of the employer's report due under RCW 49.12.480(2), if the department determines that an employer is not 80 percent compliant with the meal and rest break requirements under RCW 49.12.480, and more than 20 percent of the required meals and rest periods were missed, or if an employer fails to properly submit a report, the department may offer to provide technical assistance to the employer, although until June 30, 2026, the department must offer technical assistance to the employer.
(b) Beginning July 1, 2026, if the department finds that an employer has exceeded the quarterly threshold in (a) of this subsection for missed meals and rest periods, the department must impose a penalty. The provisions of this subsection do not apply to employers who are hospitals defined in RCW 70.41.420(7)(b)(iv) until July 1, 2028.
(c)(i) The penalties assessed by the department each time the department imposes a penalty under (b) of this subsection are as follows:
(A) For hospitals certified as critical access hospitals under 42 U.S.C. Sec. 1395i-4, or with up to 25 licensed beds: $5,000;
(B) For hospitals with 26 to 99 licensed beds: $10,000;
(C) For hospitals with 100 to 299 beds: $15,000; and
(D) For hospitals with 300 or more beds: $20,000.
(ii) If the department imposes a penalty in a third consecutive quarter, the department must double the penalty amounts in (c)(i) of this subsection for subsequent consecutive quarters. An employer in compliance for a single quarter is no longer subject to the penalties for subsequent violations under this subsection (c)(ii).
(3)(a) An employer may not take any adverse action against employees for exercising any right under RCW 49.12.480. An adverse action means any action taken or threatened by an employer against an employee for exercising the employee's rights under RCW 49.12.480 or this section, but does not include noncoercive counseling, coaching, training, or other resources offered to an employee.
(b) The department must investigate complaints related to compliance with (a) of this subsection. The director may require the testimony of witnesses and the production of documents as part of the director's investigation.
(c) If the director determines that an employer has violated (a) of this subsection, the director may:
(i) Order payment to the department of a civil penalty of not more than $1,000 for an employer's first violation and not more than $5,000 for any subsequent related violation;
(ii) Order appropriate relief under this subsection (3) that includes any earnings the employee did not receive due to the employer's adverse action, including interest of one percent per month on all earnings owed. The earnings and interest owed will be calculated from the first date earnings were owed to the employee; or
(iii) Order the employer to restore the employee to the position of employment held by the employee when the retaliation occurred, or restore the employee to an equivalent position with equivalent employment hours, work schedule, benefits, pay, and other terms and conditions of employment.
(4)(a)(i) An employer must provide valid data in reports required under RCW 49.12.480(2). Valid data means that the data included in the reports is attested to by an employer's designee and has not been inappropriately manipulated or modified; and
(ii) Employees must be free from coercion into inaccurate recording of their meal and rest periods under RCW 49.12.480.
(b) The department must investigate complaints related to compliance with (a) of this subsection that are facially based on the actual knowledge of the complaining party. The director may require the testimony of witnesses and the production of documents as part of the director's investigation.
(c) If the director determines that an employer has violated (a) of this subsection, the director may:
(i) Order the employer to pay the department a civil penalty of not more than $1,000 for an employer's first violation and not more than $5,000 for any subsequent related violation; and
(ii) Order appropriate relief that includes any earnings the employee did not receive due to the employer's adverse action, including interest of one percent per month on all earnings owed. The earnings and interest owed will be calculated from the first date earnings were owed to the employee.
(5) The department may investigate and take appropriate enforcement action under this section without any complaint if the department discovers data in the course of an investigation or inspection.
(6) Any appeals of the department's decisions, including assessed penalties, and collection or deposit of civil penalties under this section must be pursuant to RCW 49.12.145 through 49.12.149.
(7) For the purposes of this section, "coercion" means compelling or inducing an employee to engage in conduct which the employee has a legal right to abstain from or to abstain from the conduct which the employee has a legal right to engage in.
[ 2023 c 114 s 9. ]
NOTES:
Effective date—2023 c 114: See note following RCW 70.41.410.
By July 1, 2024, the department and the department of health must jointly establish a formal agreement that identifies the roles of each of the two agencies with respect to the oversight and enforcement of RCW 70.41.420(7) and 70.41.425 (1) and (5)(b), as follows:
(1) To the extent feasible, provide for oversight and enforcement actions by a single agency, and must include measures to avoid multiple citations for the same violation; and
(2) Include provisions that allow for data sharing, including hospital staffing plans, reports submitted under RCW 70.41.420(7), and hospital staffing committee complaints submitted to the department of health.
[ 2023 c 114 s 6. ]
NOTES:
Effective date—2023 c 114: See note following RCW 70.41.410.
(1) The rules adopted under this chapter must allow a sixteen- or seventeen-year old minor to work the same number of hours and days during the school year as would be permitted during school vacations or holidays if:
(a) The minor is enrolled in a bona fide college program; or
(b) The minor is enrolled in a career and technical education program and the work is performed for an employer approved by the program.
(2) For purposes of this section, "career and technical education program" refers to a work-based learning program approved by the office of the superintendent of public instruction or the minor's school district, including but not limited to core plus programs.
[ 2025 c 79 s 2. ]
NOTES:
Finding—Intent—2025 c 79: "(1) The legislature finds that the department of labor and industries has adopted rules outlining the number of hours sixteen- and seventeen-year olds may work during school and nonschool weeks. These rules currently allow students participating in a bona fide college program, such as running start, to work the same number of hours for any employer(s) during the school weeks as allowed during nonschool weeks; however, a student participating in a career and technical education program is not provided the same opportunity to work more hours, including for employers who are approved by the career and technical education program. Many students enrolled in career and technical education programs are focused on gaining more on-the-job experience to help propel them in their future careers, and want to spend more hours working for an employer tied with their career and technical education program. For example, a student may attend traditional high school classes in the morning until lunch and then participate in work-based learning at an approved employer jobsite for the remainder of the school day with opportunity to work more than four hours per day.
(2) Therefore, the legislature intends to direct the department of labor and industries to revise the current rules outlining the hours sixteen- and seventeen-year olds may work during school weeks, so that students enrolled in a bona fide college program and a career and technical education program are treated equitably and both are allowed to work the same number of hours during school weeks as permitted during nonschool weeks." [ 2025 c 79 s 1.]
Effective date—2025 c 79: "This act takes effect July 1, 2026." [ 2025 c 79 s 3.]
Before granting a variance from RCW 49.12.121 or an applicable rule in order to allow a minor participating in a bona fide cooperative vocational education program, diversified career experience program, work experience program certified and monitored by the office of the superintendent of public instruction or the minor employee's school district, or a registered apprenticeship program to perform a work duty typically prohibited based on the minor's age, the department shall:
(1) Conduct a safety and health consultation at the worksite; and
(2) Consult with the employer on the types of tools, equipment, and practices permitted under the variance.
[ 2025 c 173 s 4. ]
NOTES:
Effective date—2025 c 173: See note following RCW 49.30.060.
Sections 3 through 7 of this act shall take effect April 1, 1992.
[ 1991 c 303 s 12. ]
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 130. ]
The legislature finds that personal injuries and illnesses arising out of conditions of employment impose a substantial burden upon employers and employees in terms of lost production, wage loss, medical expenses, and payment of benefits under the industrial insurance act. Therefore, in the public interest for the welfare of the people of the state of Washington and in order to assure, insofar as may reasonably be possible, safe and healthful working conditions for every man and woman working in the state of Washington, the legislature in the exercise of its police power, and in keeping with the mandates of Article II, section 35 of the state Constitution, declares its purpose by the provisions of this chapter to create, maintain, continue, and enhance the industrial safety and health program of the state, which program shall equal or exceed the standards prescribed by the Occupational Safety and Health Act of 1970 (Public Law 91-596, 84 Stat. 1590).
[ 1973 c 80 s 1. ]
NOTES:
Industrial insurance: Title 51 RCW.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1)(a) "Agriculture" means farming and includes, but is not limited to:
(i) The cultivation and tillage of the soil;
(ii) Dairying;
(iii) The production, cultivation, growing, and harvesting of any agricultural or horticultural commodity;
(iv) The raising of livestock, bees, fur-bearing animals, or poultry; and
(v) Any practices performed by a farmer or on a farm, incident to or in connection with such farming operations, including but not limited to preparation for market and delivery to:
(A) Storage;
(B) Market; or
(C) Carriers for transportation to market.
(b) "Agriculture" does not mean a farmer's processing for sale or handling for sale a commodity or product grown or produced by a person other than the farmer or the farmer's employees.
(2) "Director" means the director of the department of labor and industries, or his or her designated representative.
(3) "Department" means the department of labor and industries.
(4) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations: PROVIDED, That any person, partnership, or business entity not having employees, and who is covered by the industrial insurance act must be considered both an employer and an employee.
(5) "Employee" means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is his or her personal labor for an employer under this chapter whether by way of manual labor or otherwise.
(6) "Person" means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons.
(7) "Risk classification" means any classification defined in chapter 296-17A WAC classifications for Washington workers' compensation insurance.
(8) "Safety and health standard" means a standard which requires the adoption or use of one or more practices, means, methods, operations, or processes reasonably necessary or appropriate to provide safe or healthful employment and places of employment.
(9) "Workplace" means any plant, yard, premises, room, or other place where an employee or employees are employed for the performance of labor or service over which the employer has the right of access or control, and includes, but is not limited to, all workplaces covered by industrial insurance under Title 51 RCW, as now or hereafter amended.
(10) "Working day" means a calendar day, except Saturdays, Sundays, and all legal holidays as set forth in RCW 1.16.050, as now or hereafter amended, and for the purposes of the computation of time within which an act is to be done under the provisions of this chapter, must be computed by excluding the first working day and including the last working day.
(11) "Work-related musculoskeletal injuries and disorders" means injuries or disorders of the muscles, nerves, tendons, joints, cartilage, and spinal discs associated with exposure to risk factors in the workplace. Musculoskeletal injuries and disorders include sprains, strains, tears, back pain, soreness, pain, carpal tunnel syndrome, musculoskeletal system or connective tissue diseases and disorders when the event or exposure leading to the injury or illness is bodily reaction from bending, climbing, crawling, reaching, twisting, sitting, or standing; being rubbed or abraded by kneeling on a surface; being rubbed, abraded, or jarred by vibration; overexertion; or repetition. The department may update this definition in accordance with changes to the United States department of labor's definition or updates to the United States bureau of labor statistics' occupational injury and illness classification system.
[ 2023 c 112 s 3; 2010 c 8 s 12005; 1997 c 362 s 2; 1973 c 80 s 2. ]
NOTES:
Findings—Intent—2023 c 112: See note following RCW 49.17.520.
Department of labor and industries: Chapter 43.22 RCW.
The legislature finds that the state's farms are diverse in their nature and the owners, managers, and their employees continually find new ways to plant, raise, harvest, process, store, market, and distribute their products. The legislature further finds that the department of labor and industries needs guidance in determining when activities related to agricultural products are to be regulated as agricultural activities and when they should be regulated as other activities. It is the intent of the legislature that activities performed by a farmer as incident to or in conjunction with his or her farming activities be regulated as agricultural activities. For this purpose, an agricultural activity is to be interpreted broadly, based on the definition of "agriculture" in RCW 49.17.020.
[ 1997 c 362 s 1. ]
This chapter shall apply with respect to employment performed in any workplace within the state. The department of labor and industries shall provide by rule for a schedule of fees and charges to be paid by each employer subject to this chapter who is not subject to or obtaining coverage under the industrial insurance laws and who is not a self-insurer. The fees and charges collected shall be for the purpose of defraying such employer's pro rata share of the expenses of enforcing and administering this chapter.
[ 1973 c 80 s 3. ]
The director shall make, adopt, modify, and repeal rules and regulations governing safety and health standards for conditions of employment as authorized by this chapter after a public hearing in conformance with the administrative procedure act and the provisions of this chapter. At least 20 days prior to such public hearing, the director shall provide information of the public hearing and written comment period to newspapers of general circulation in this state. Any preexisting rules adopted by the department of labor and industries relating to health and safety standards in workplaces subject to the jurisdiction of the department shall remain effective insofar as such rules are not inconsistent with the provisions of this chapter.
[ 2026 c 77 s 15; 1973 c 80 s 4. ]
(1)(a) Except as provided in (b) of this subsection, no rules adopted under this chapter amending or establishing agricultural safety standards shall take effect during the period beginning January 1, 1995, and ending January 15, 1996. This subsection applies, but is not limited to applying, to a rule adopted before January 1, 1995, but with an effective date which is during the period beginning January 1, 1995, and ending January 15, 1996, and to provisions of rules adopted prior to January 1, 1995, which provisions are to become effective during the period beginning January 1, 1995, and ending January 15, 1996.
(b) Subsection (1)(a) of this section does not apply to: Provisions of rules that were in effect before January 1, 1995; emergency rules adopted under RCW 34.05.350; or revisions to chapter 296-306 WAC regarding rollover protective structures that were adopted in 1994 and effective March 1, 1995, and that are additionally revised to refer to the variance process available under this chapter.
(2) The rules for agricultural safety adopted under this chapter must:
(a) Establish, for agricultural employers, an agriculture safety standard that includes agriculture-specific rules and specific references to the general industry safety standard adopted under chapter 49.17 RCW; and
(b) Exempt agricultural employers from the general industry safety standard adopted under chapter 49.17 RCW for all rules not specifically referenced in the agriculture safety standard.
(3) The department shall publish in one volume all of the occupational safety rules that apply to agricultural employers and shall make this volume available to all agricultural employers before January 15, 1996. This volume must be available in both English and Spanish.
(4) The department shall provide training, education, and enhanced consultation services concerning its agricultural safety rules to agricultural employers before the rules' effective dates. The training, education, and consultation must continue throughout the winter of 1995-1996. Training and education programs must be provided throughout the state and must be coordinated with agricultural associations in order to meet their members' needs.
(5) The department shall provide, for informational purposes, a list of commercially available rollover protective structures for tractors used in agricultural operations manufactured before October 25, 1976. The list must include the name and address of the manufacturer and the approximate price of the structure. Included with the list shall be a statement indicating that an employer may apply for a variance from the rules requiring rollover protective structures under this chapter and that variances may be granted in appropriate circumstances on a case-by-case basis. The statement shall also provide examples of circumstances under which a variance may be granted. The list and statement shall be generally available to the agricultural community before the department may take any action to enforce rules requiring rollover protective structures for tractors used in agricultural operations manufactured before October 25, 1976.
[ 1995 c 371 s 2. ]
NOTES:
Finding—1995 c 371: "The legislature finds that:
(1) The state's highly productive and efficient agricultural sector is composed predominately of family-owned and managed farms and an industrious and efficient workforce;
(2) A reasonable level of safety regulations is needed to protect workers;
(3) The smaller but highly efficient farming operations would benefit from safety rules that are easily referenced and agriculture-specific to the extent possible; and
(4) There should be lead time between the adoption of agriculture safety rules and their effective date in order to allow the department of labor and industries to provide training, education, and enhanced consultation services to family-owned and managed farms." [ 1995 c 371 s 1.]
Application—1995 c 371 s 2: "Section 2(1) of this act is remedial in nature and applies to rules and provisions of rules regarding agricultural safety that would take effect after December 31, 1994." [ 1995 c 371 s 4.]
In the adoption of rules and regulations under the authority of this chapter, the director shall:
(1) Provide for the preparation, adoption, amendment, or repeal of rules and regulations of safety and health standards governing the conditions of employment of general and special application in all workplaces;
(2) Provide for the adoption of occupational health and safety standards which are at least as effective as those adopted or recognized by the United States secretary of labor under the authority of the Occupational Safety and Health Act of 1970 (Public Law 91-596; 84 Stat. 1590);
(3) Provide a method of encouraging employers and employees in their efforts to reduce the number of safety and health hazards at their workplaces and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions;
(4) Provide for the promulgation of health and safety standards and the control of conditions in all workplaces concerning gases, vapors, dust, or other airborne particles, toxic materials, or harmful physical agents which shall set a standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his or her working life; any such standards shall require where appropriate the use of protective devices or equipment and for monitoring or measuring any such gases, vapors, dust, or other airborne particles, toxic materials, or harmful physical agents;
(5) Provide for appropriate reporting procedures by employers with respect to such information relating to conditions of employment which will assist in achieving the objectives of this chapter;
(6) Provide for the frequency, method, and manner of the making of inspections of workplaces without advance notice;
(7) Provide for the publication and dissemination to employers, employees, and labor organizations and the posting where appropriate by employers of informational, education, or training materials calculated to aid and assist in achieving the objectives of this chapter;
(8) Provide for the establishment of new and the perfection and expansion of existing programs for occupational safety and health education for employers and employees, and, in addition institute methods and procedures for the establishment of a program for voluntary compliance solely through the use of advice and consultation with employers and employees with recommendations including recommendations of methods to abate violations relating to the requirements of this chapter and all applicable safety and health standards and rules and regulations promulgated pursuant to the authority of this chapter;
(9) Provide for the adoption of safety and health standards requiring the use of safeguards in trenches and excavations and around openings of hoistways, hatchways, elevators, stairways, and similar openings;
(10) Provide for the promulgation of health and safety standards requiring the use of safeguards for all vats, pans, trimmers, cut off, gang edger, and other saws, planers, presses, formers, cogs, gearing, belting, shafting, coupling, set screws, live rollers, conveyors, mangles in laundries, and machinery of similar description, which can be effectively guarded with due regard to the ordinary use of such machinery and appliances and the danger to employees therefrom, and with which the employees of any such workplace may come in contact while in the performance of their duties and prescribe methods, practices, or processes to be followed by employers which will enhance the health and safety of employees in the performance of their duties when in proximity to machinery or appliances mentioned in this subsection;
(11) Certify that no later than twenty business days prior to the effective date of any significant legislative rule, as defined by RCW 34.05.328, a meeting of impacted parties is convened to: (a) Identify ambiguities and problem areas in the rule; (b) coordinate education and public relations efforts by all parties; (c) provide comments regarding internal department training and enforcement plans; and (d) provide comments regarding appropriate evaluation mechanisms to determine the effectiveness of the new rule. The meeting shall include a balanced representation of both business and labor from impacted industries, department personnel responsible for the above subject areas, and other agencies or key stakeholder groups as determined by the department. An existing advisory committee may be utilized if appropriate.
[ 2010 c 8 s 12006; 1998 c 224 s 1; 1973 c 80 s 5. ]
The director shall appoint a WISHA advisory committee composed of ten members: Four members representing subject workers, each of whom shall be appointed from a list of at least three names submitted by a recognized statewide organization of employees, representing a majority of employees; four members representing subject employers, each of whom shall be appointed from a list of at least three names submitted by a recognized statewide organization of employers, representing a majority of employers; and two ex officio members, without a vote, one of whom shall be the chairperson of the board of industrial insurance appeals, and the other representing the department. The member representing the department shall be chairperson. The committee shall provide comment on department rule making, policies, and other initiatives. The committee shall also conduct a continuing study of any aspect of safety and health the committee determines to require their consideration. The committee shall report its findings to the department or the board of industrial insurance appeals for action as deemed appropriate. The members of the committee shall be appointed for a term of three years commencing on July 1, 1997, and the terms of the members representing the workers and employers shall be staggered so that the director shall designate one member from each group initially appointed whose term shall expire on June 30, 1998, and one member from each group whose term shall expire on June 30, 1999. The members shall serve without compensation, but are entitled to travel expenses as provided in RCW 43.03.050 and 43.03.060. The committee may hire such experts, if any, as it requires to discharge its duties and may utilize such personnel and facilities of the department and board of industrial insurance appeals as it needs, without charge. All expenses of the committee must be paid by the department.
[ 1997 c 107 s 1. ]
Each employer:
(1) Shall furnish to each of his or her employees a place of employment free from recognized hazards that are causing or likely to cause serious injury or death to his or her employees: PROVIDED, That no citation or order assessing a penalty shall be issued to any employer solely under the authority of this subsection except where no applicable rule or regulation has been adopted by the department covering the unsafe or unhealthful condition of employment at the workplace; and
(2) Shall comply with the rules, regulations, and orders promulgated under this chapter.
[ 2010 c 8 s 12007; 1973 c 80 s 6. ]
(1) During a public health emergency:
(a) An employer with more than 50 employees at a workplace or worksite, within 24 hours of confirming that 10 or more of their employees at the workplace or worksite in this state have tested positive for the infectious or contagious disease that is the subject of the public health emergency, must report the positive tests to the department in a form prescribed by the department.
(b) The department must consult with the department of health on the infectious or contagious disease that is the subject of the public health emergency:
(i) Before issuing regulatory guidance, rules, directives, or orders for health care facilities under this section; and
(ii) When investigating health care entities and issuing citations under this section.
(c) The report required in (a) of this subsection may not include any employee names or personal identifying information.
(2) The department may use the reports in subsection (1) of this section to identify potential clusters of infections at specific workplaces or industries and investigate workplaces for violations of this chapter.
(3) During a public health emergency, the name, email and residential addresses, license plate number, and other personally identifiable information regarding employees of the department are exempt from disclosure under chapter 42.56 RCW to the extent that the disclosure would violate their right to privacy or pose a risk to their personal safety or security.
(4) This section does not require an employee to disclose any medical condition or diagnosis to their employer.
(5) This section does not alter or eliminate any other reporting obligations an employer has under state or federal law.
(6)(a) During a public health emergency, no employer may discharge, permanently replace, or in any manner discriminate against an employee who is high risk as a result of the employee:
(i) Seeking accommodation that protects them from the risk of exposure to the infectious or contagious disease; or
(ii) If no accommodation is reasonable, utilizing all available leave options, including but not limited to leave without pay and unemployment insurance, until completion of the public health emergency or accommodation is made available.
(b) This subsection (6) does not alter or diminish any existing remedy available to the worker under current state or federal law.
(c) For the purposes of this subsection (6), "an employee who is high risk" means an employee who:
(i) Due to age or an underlying health condition, is at a high risk of severe illness from the disease that is the subject of the public health emergency, as defined by the centers for disease control and prevention; and
(ii) A medical provider has recommended the employee's removal from the workforce because of their high risk of severe illness.
(7) For the purposes of this section, "public health emergency" means a declaration or order concerning any infectious or contagious diseases, including a pandemic and is issued as follows:
(a) The president of the United States has declared a national or regional emergency that covers every county in the state of Washington; or
(b) The governor of Washington has declared a state of emergency under RCW 43.06.010(12) in every county in the state.
[ 2021 c 252 s 2. ]
NOTES:
Short title—Effective date—2021 c 252: See notes following RCW 51.32.181.
(1) During a public health emergency, if an employer receives a notice of potential exposure to the infectious or contagious disease that is the subject of the public health emergency, the employer must, within one business day of potential exposure:
(a) Provide written notice to all employees, and the employers of subcontracted employees, who were on the premises at the same worksite as the qualifying individual that they may have been exposed to the infectious or contagious disease. The written notice must be made in a manner the employer normally uses to communicate employment-related information. Written notice may include, but is not limited to, personal service, email, or text message if it can reasonably be anticipated to be received by the employee within one business day of sending and must be in both English and the language understood by the majority of the employees; and
(b) Provide a written notice to the exclusive representative, if any, of employees under this subsection (1).
(2) The written notice under subsection (1) of this section may not include any employee names or personal identifying information.
(3) This section does not alter or eliminate any other reporting obligations an employer has under state or federal law.
(4) This section does not require an employee to disclose any medical condition or diagnosis to their employer.
(5) This section does not apply to employers who are health care facilities as defined in RCW 9A.50.010. For employees of health care facilities with known or suspected high-risk exposure, notification to the employee, and with the employee's authorization, to their union representative, if any, by the facility must occur within 24 hours of confirmed exposure.
(6) For the purposes of this section:
(a) "Notice of potential exposure" means any of the following:
(i) Notification to the employer from a public health official or licensed medical provider that an employee was exposed to a qualifying individual at the worksite;
(ii) Notification to the employer from an employee, or their emergency contact, that the employee is a qualifying individual;
(iii) Notification through a testing protocol of the employer that the employee is a qualifying individual.
(b) "Public health emergency" means a declaration or order concerning any infectious or contagious diseases, including a pandemic and is issued as follows:
(i) The president of the United States has declared a national or regional emergency that covers every county in the state of Washington; or
(ii) The governor of Washington has declared a state of emergency under RCW 43.06.010(12) in every county in the state.
(c) "Qualifying individual" means any person who has:
(i) A positive laboratory test for the infectious or contagious disease that is the subject of the public health emergency;
(ii) A positive diagnosis of the infectious or contagious disease that is the subject of the public health emergency by a licensed health care provider;
(iii) An order to isolate by a public health official related to the infectious or contagious disease that is the subject of the public health emergency; or
(iv) Died due to the infectious or contagious disease that is the subject of the public health emergency, in the determination of a local health department.
(d) "Worksite" means the building, store, facility, agricultural field, or other location where the qualifying individual worked. "Worksite" does not include any buildings, floors, or other locations of the employer that the qualifying individual did not enter.
[ 2021 c 252 s 3. ]
NOTES:
Short title—Effective date—2021 c 252: See notes following RCW 51.32.181.
(1) Subject to subsections (2) through (5) of this section, the director, or his or her authorized representative, in carrying out his or her duties under this chapter, upon the presentation of appropriate credentials to the owner, manager, operator, or on-site person in charge of the worksite, is authorized:
(a) To enter without delay and at all reasonable times the factory, plant, establishment, construction site, or other area, workplace, or environment where work is performed by an employee of an employer; and
(b) To inspect, survey, and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such workplace and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent, or employee.
(2) In making inspections and making investigations under this chapter the director may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the superior courts. In the case of contumacy, failure, or refusal of any person to obey such an order, any superior court within the jurisdiction of which such person is found, or resides, or transacts business, upon the application of the director, shall have jurisdiction to issue to such person an order requiring such person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof.
(3) Except as provided in subsection (4) of this section or RCW 49.17.075, the director or his or her authorized representative shall obtain consent from the owner, manager, operator, or his or her on-site person in charge of the worksite when entering any worksite located on private property to carry out his or her duties under this chapter. Solely for the purpose of requesting the consent required by this section, the director or his or her authorized representative shall, in a safe manner, enter a worksite at an entry point designated by the employer or, in the event no entry point has been designated, at a reasonably recognizable entry point.
(4) This section does not prohibit the director or his or her authorized representative from taking action consistent with a recognized exception to the warrant requirements of the federal and state Constitutions.
(5) This section does not require advance notice of an inspection.
[ 2006 c 31 s 2; 1973 c 80 s 7. ]
NOTES:
Intent—2006 c 31: "The legislature intends that inspections performed under the Washington industrial safety and health act ensure safe and healthful working conditions for every person working in the state of Washington. Inspections must follow the mandates of Article II, section 35 of the state Constitution, and equal or exceed the requirements prescribed by the occupational safety and health act of 1970 (Public Law 91-596, 84 Stat. 1590). The legislature also intends that the inspections comply with the fourth and fourteenth amendments to the United States Constitution and Article I, section 7 of the state Constitution." [ 2006 c 31 s 1.]
The director may apply to a court of competent jurisdiction for a search warrant authorizing access to any factory, plant, establishment, construction site, or other area, workplace, or environment where work is performed by an employee of an employer. The court may upon such application issue a search warrant for the purpose requested.
[ 2006 c 31 s 3. ]
NOTES:
Intent—2006 c 31: See note following RCW 49.17.070.
(1) Any employer may apply to the director for a temporary order granting a variance from any safety and health standard promulgated by rule or regulation under the authority of this chapter. Such temporary order shall be granted only if the employer files an application which meets the requirements of subsection (2) of this section and establishes that the employer is unable to comply with a safety or health standard because of the unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the safety and health standard or because necessary construction or alteration of facilities cannot be completed by the effective date of such safety and health standard, that he or she is taking all available steps to safeguard his or her employees against the hazards covered by the safety and health standard, and he or she has an effective program for coming into compliance with such safety and health standard as quickly as practicable. Any temporary order issued under the authority of this subsection shall prescribe the practices, means, methods, operations, and processes which the employer must adopt and use while the order is in effect and state in detail his or her program for coming into compliance with the safety and health standard. Such a temporary order may be granted only after notice to employees and an opportunity for a hearing upon request of the employer or any affected employee. The name of any affected employee requesting a hearing under the provisions of this subsection shall be confidential and shall not be disclosed without the consent of such employee. The director may issue one interim order to be effective until a determination is made or a decision rendered if a hearing is demanded. No temporary order may be in effect for longer than the period needed by the employer to achieve compliance with the standard, or one year, whichever is shorter, except that such an order may be renewed not more than twice, so long as the requirements of this subsection are met and if an application for renewal is filed at least ninety days prior to the expiration date of the order. No renewal of a temporary order may remain in effect for longer than one hundred eighty days.
(2) An application for a temporary order under this section shall contain:
(a) A specification of the safety and health standard or portion thereof from which the employer seeks a variance;
(b) A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that he or she is unable to comply with the safety and health standard or portion thereof and a detailed statement of the reasons therefor;
(c) A statement of the steps the employer has taken and will take, with specific dates, to protect employees against the hazard covered by the standard;
(d) A statement as to when the employer expects to be able to comply with the standard or portion thereof and what steps he or she has taken and will take, with dates specified, to come into compliance with the standard; and
(e) A certification that the employer, by the date of mailing or delivery of the application to the director, has informed his or her employees of the application by providing a copy thereof to his or her employees or their authorized representative by posting a copy of such application in a place or places reasonably accessible to all employees or by other appropriate means of notification and by mailing a copy to the authorized representative of such employees; the application shall set forth the manner in which the employees have been so informed. The application shall also advise employees and their employee representatives of their right to apply to the director to conduct a hearing upon the application for a variance.
[ 2010 c 8 s 12008; 1973 c 80 s 8. ]
Any employer may apply to the director for an order for a variance from any rule or regulation establishing a safety and health standard promulgated under this chapter. Affected employees shall be given notice of each such application and in the manner prescribed by RCW 49.17.080 shall be informed of their right to request a hearing on any such application. The director shall issue such order granting a variance, after opportunity for an inspection, if he or she determines or decides after a hearing has been held, if request for hearing has been made, that the applicant for the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by such applicant employer will provide employment and places of employment to his or her employees which are as safe and healthful as those which would prevail if he or she complied with the safety and health standard or standards from which the variance is sought. The order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, and processes which he or she must adopt and utilize to the extent they differ from the standard in question. At any time after six months has elapsed from the date of the issuance of the order granting a variance upon application of an employer, employee, or the director on his or her own motion, after notice has been given in the manner prescribed for the issuance of such order may modify or revoke the order granting the variance from any standard promulgated under the authority of this chapter.
[ 2010 c 8 s 12009; 1973 c 80 s 9. ]
A representative of the employer and an employee representative authorized by the employees of such employer shall be given an opportunity to accompany the director, or his or her authorized representative, during the physical inspection of any workplace for the purpose of aiding such inspection. Where there is no authorized employee representative, the director or his or her authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the workplace. The director may adopt procedural rules and regulations to implement the provisions of this section: PROVIDED, That neither this section, nor any other provision of this chapter, shall be construed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing concerning wages or standards or conditions of employment which equal or exceed those established under the authority of this chapter.
[ 2010 c 8 s 12010; 1986 c 192 s 1; 1973 c 80 s 10. ]
Each employee shall comply with the provisions of this chapter and all rules, regulations, and orders issued pursuant to the authority of this chapter which are applicable to his or her own actions and conduct in the course of his or her employment. Any employee or representative of employees who in good faith believes that a violation of a safety or health standard, promulgated by rule under the authority of this chapter exists that threatens physical harm to employees, or that an imminent danger to such employees exists, may request an inspection of the workplace by giving notice to the director or his or her authorized representative of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employee or representative of employees. A copy of the notice shall be provided the employer or his or her agent no later than at the time of inspection, except that, upon the request of the person giving such notice, his or her name and the names of individual employees referred to therein shall not appear in such copy or on any record published, released, or made available pursuant to any provision of this chapter. If upon receipt of such notification the director determines that there are reasonable grounds to believe that such violation or danger exists, he or she shall make a special inspection as soon as practicable, to determine if such violation or danger exists. If the director determines there are no reasonable grounds to believe that a violation or danger exists, he or she shall notify the employer and the employee or representative of the employees in writing of such determination.
Prior to or during any inspection of a workplace, any employee or representative of employees employed in such workplace may notify the director or any representative of the director responsible for conducting the inspection, in writing, of any violation of this chapter which he or she has reason to believe exists in such workplace. The director shall, by rule, establish procedures for informal review of any refusal by a representative of the director to issue a citation with respect to any such alleged violation, and shall furnish the employee or representative of employees requesting such review a written statement of the reasons for the director's final disposition of the case.
[ 2010 c 8 s 12011; 1973 c 80 s 11. ]
(1) If upon inspection or investigation the director or the director's authorized representative believes that an employer has violated a requirement of RCW 49.17.060, or any safety or health standard promulgated by rule adopted by the director, or the conditions of any order granting a variance pursuant to this chapter, the director shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provisions of the statute, standard, rule, regulation, or order alleged to have been violated. In addition, the citation shall fix a reasonable time for the abatement of the violation.
(2) The director may prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety or health.
(3) Each citation, or a copy or copies thereof, issued under the authority of this section and RCW 49.17.130 shall be prominently posted, at or near each place a violation referred to in the citation occurred or as may otherwise be prescribed in regulations issued by the director. The director shall provide by rule for procedures to be followed by an employee representative upon written application to receive copies of citations and notices issued to any employer having employees who are represented by such employee representative. Such rule may prescribe the form of such application, the time for renewal of applications, and the eligibility of the applicant to receive copies of citations and notices.
(4) No citation may be issued under this section or RCW 49.17.130 after the expiration of six months following a compliance inspection, investigation, or survey revealing any such violation.
(5)(a) No citation may be issued under this section if there is unpreventable employee misconduct that led to the violation, but the employer must show the existence of:
(i) A thorough safety program, including work rules, training, and equipment designed to prevent the violation;
(ii) Adequate communication of these rules to employees;
(iii) Steps to discover and correct violations of its safety rules; and
(iv) Effective enforcement of its safety program as written in practice and not just in theory.
(b) This subsection (5) does not eliminate or modify any other defenses that may exist to a citation.
(6) When conducting inspections of employer worksites as defined by North American industry classification system 236, construction of buildings, the department shall make a good faith effort to notify the employer or owner within 10 working days where a hazard that could cause injury to a worker was immediately identified during an on-site inspection. Such notice does not eliminate or modify any other right, responsibility, or authority provided in this chapter.
[ 2026 c 19 s 1; 2024 c 40 s 1; 1999 c 93 s 1; 1973 c 80 s 12. ]
(1) If upon inspection or investigation, the director, or his or her authorized representative, believes that an employer has violated a requirement of RCW 49.17.060, or any safety or health standard promulgated by rules of the department, or any conditions of an order granting a variance, which violation is such that a danger exists from which there is a substantial probability that death or serious physical harm could result to any employee, the director or his or her authorized representative shall issue a citation and may issue an order immediately restraining any such condition, practice, method, process, or means in the workplace. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such danger and prohibit the employment or presence of any individual in locations or under conditions where such danger exists, except individuals whose presence is necessary to avoid, correct, or remove such danger or to maintain the capacity of a continuous process operation in order that the resumption of normal operations may be had without a complete cessation of operations, or where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner. In addition, if any machine or equipment, or any part thereof, is in violation of a requirement of RCW 49.17.060 or any safety or health standard promulgated by rules of the department, and the operation of such machine or equipment gives rise to a substantial probability that death or serious physical harm could result to any employee, and an order of immediate restraint of the use of such machine or equipment has been issued under this subsection, the use of such machine or equipment is prohibited, and a notice to that effect shall be attached thereto by the director or his or her authorized representative.
(2) Whenever the director, or his or her authorized representative, concludes that a condition of employment described in subsection (1) of this section exists in any workplace, he or she shall promptly inform the affected employees and employers of the danger.
(3) An employer may contest an order restraining any condition of employment or practice issued under subsection (1) of this section within 10 working days of the effective date of the order by making an application to the superior court of the county wherein such condition of employment or practice exists. Upon the filing of any such petition, the superior courts of the state of Washington shall have jurisdiction to grant appropriate relief.
(4) At any time that a citation or a citation and order restraining any condition of employment or practice described in subsection (1) of this section is issued by the director, or his or her authorized representative, he or she may in addition request the attorney general to make an application to the superior court of the county wherein such condition of employment or practice exists for a temporary restraining order or such other relief as appears to be appropriate under the circumstances.
[ 2021 c 253 s 1; 2010 c 8 s 12012; 1973 c 80 s 13. ]
NOTES:
Rule-making authority—Worker safety and health—2021 c 253: "The department of labor and industries may adopt rules as necessary to implement this act." [ 2021 c 253 s 6.]
(1) If after an inspection or investigation the director or the director's authorized representative issues a citation under the authority of RCW 49.17.120 or 49.17.130, the department, within a reasonable time after the termination of such inspection or investigation, shall notify the employer using an electronic or nonelectronic method by which the notice can be tracked or the delivery can be confirmed of the penalty to be assessed under the authority of RCW 49.17.180 and shall state that the employer has 15 working days within which to notify the director that the employer wishes to appeal the citation or assessment of penalty. If, within 15 working days from the communication of the notice issued by the director the employer fails to notify the director that the employer intends to appeal the citation or assessment penalty, and no notice is filed by any employee or representative of employees under subsection (4) of this section within such time, the citation and the assessment shall be deemed a final order of the department and not subject to review by any court or agency.
(2) If the director has reason to believe that an employer has failed to correct a violation for which the employer was previously cited and which has become a final order, the director shall notify the employer using an electronic or nonelectronic method by which the notice can be tracked or the delivery can be confirmed of such failure to correct the violation and of the penalty to be assessed under RCW 49.17.180 by reason of such failure, and shall state that the employer has 15 working days from the communication of such notification and assessment of penalty to notify the director that the employer wishes to appeal the director's notification of the assessment of penalty. If, within 15 working days from the receipt of notification issued by the director the employer fails to notify the director that the employer intends to appeal the notification of assessment of penalty, the notification and assessment of penalty shall be deemed a final order of the department and not subject to review by any court or agency.
(3) If the director has reason to believe that an employer violated an order immediately restraining a condition, practice, method, process, or means in the workplace issued under RCW 49.17.130 or this section or a notice prohibiting the use of a machine or equipment to which a notice prohibiting such use has been attached, the director shall notify the employer using an electronic or nonelectronic method by which the notice can be tracked or the delivery can be confirmed of such violation of the order and of the penalty to be assessed under RCW 49.17.180 by reason of violation of the order and shall state that the employer has 15 working days from the communication of such notification and assessment of penalty to notify the director that the employer wishes to appeal the director's notification of the assessment of penalty. If, within 15 working days from the receipt of notification issued by the director, the employer fails to notify the director that the employer intends to appeal the notification of assessment of penalty, the notification and assessment of penalty shall be deemed a final order of the department and not subject to review by any court or agency.
(4) If any employer notifies the director that the employer intends to appeal the citation issued under either RCW 49.17.120 or 49.17.130 or notification of the assessment of a penalty issued under subsections (1) or (2) of this section, or if, within 15 working days from the issuance of a citation under either RCW 49.17.120 or 49.17.130 any employee or representative of employees files a notice with the director alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the director may reassume jurisdiction over the entire matter, or any portion thereof upon which notice of intention to appeal has been filed with the director pursuant to this subsection. If the director reassumes jurisdiction of all or any portion of the matter upon which notice of appeal has been filed with the director, any redetermination shall be completed and corrective notices of assessment of penalty, citations, or revised periods of abatement completed within a period of 75 working days. The redetermination shall then become final subject to direct appeal to the board of industrial insurance appeals within 15 working days of such redetermination with service of notice of appeal upon the director. In the event that the director does not reassume jurisdiction as provided in this subsection, the director shall promptly notify the state board of industrial insurance appeals of all notifications of intention to appeal any such citations, any such notices of assessment of penalty and any employee or representative of employees notice of intention to appeal the period of time fixed for abatement of a violation and in addition certify a full copy of the record in such appeal matters to the board. The director shall adopt rules of procedure for the reassumption of jurisdiction under this subsection affording employers, employees, and employee representatives notice of the reassumption of jurisdiction by the director, and an opportunity to object or support the reassumption of jurisdiction, either in writing or orally at an informal conference to be held prior to the expiration of the redetermination period. Except as otherwise provided under subsection (5) of this section, a notice of appeal filed under this section shall stay the effectiveness of any citation or notice of the assessment of a penalty pending review by the board of industrial insurance appeals, but such appeal shall not stay the effectiveness of any order of immediate restraint issued by the director under the authority of RCW 49.17.130. The board of industrial insurance appeals shall afford an opportunity for a hearing in the case of each such appellant and the department shall be represented in such hearing by the attorney general and the board shall in addition provide affected employees or authorized representatives of affected employees an opportunity to participate as parties to hearings under this subsection. The board shall thereafter make disposition of the issues in accordance with procedures relative to contested cases appealed to the state board of industrial insurance appeals.
Upon application by an employer showing that a good faith effort to comply with the abatement requirements of a citation has been made and that the abatement has not been completed because of factors beyond the employer's control, the director after affording an opportunity for a hearing shall issue an order affirming or modifying the abatement requirements in such citation.
(5) An appeal of any violation classified and cited as serious, willful, repeated serious violation, or failure to abate a serious violation does not stay abatement dates and requirements except as follows:
(a) An employer may request a stay of abatement for any serious, willful, repeated serious violation, or failure to abate a serious violation in a notice of appeal under subsection (4) of this section;
(b) When the director reassumes jurisdiction of an appeal under subsection (4) of this section, it will include the stay of abatement request. The issued redetermination decision will include a decision on the stay of abatement request. The department shall stay the abatement for any serious, willful, repeated serious violation, or failure to abate a serious violation where the department cannot determine that the preliminary evidence shows a substantial probability of death or serious physical harm to workers. The decision on stay of abatement will be final unless the employer renews the request for a stay of abatement in any direct appeal of the redetermination to the board of industrial insurance appeals under subsection (4) of this section;
(c) The board of industrial insurance appeals shall adopt rules necessary for conducting an expedited review on any stay of abatement requests identified in the employer's notice of appeal, and shall issue a final decision within 45 working days of the board's notice of filing of appeal. This rule making shall be initiated in 2011;
(d) Affected employees or their representatives must be afforded an opportunity to participate as parties in an expedited review for stay of abatement;
(e) The board shall grant a stay of an abatement for a serious, willful, repeated serious violation, or failure to abate a serious violation where there is good cause for a stay unless based on the preliminary evidence it is more likely than not that a stay would result in death or serious physical harm to a worker;
(f) As long as a motion to stay abatement is pending all abatement requirements will be stayed.
(6) When the board of industrial insurance appeals denies a stay of abatement and abatement is required while the appeal is adjudicated, the abatement process must be the same process as the process required for abatement upon a final order.
(7) The department shall develop rules necessary to implement subsections (5) and (6) of this section. In an application for a stay of abatement, the department will not grant a stay when it can determine that the preliminary evidence shows a substantial probability of death or serious physical harm to workers. The board will not grant a stay where based on the preliminary evidence it is more likely than not that a stay would result in death or serious physical harm to a worker. This rule making shall be initiated in 2011.
(8) Before using an electronic method for the first time under subsections (1) through (3) of this section, the department must provide the employer the option to receive communication through a nonelectronic method.
[ 2026 c 77 s 16; 2021 c 253 s 2; 2017 c 13 s 1. Prior: 2011 c 301 s 13; 2011 c 91 s 1; 1994 c 61 s 1; 1986 c 20 s 1; 1973 c 80 s 14. ]
NOTES:
Rule-making authority—Worker safety and health—2021 c 253: See note following RCW 49.17.130.
Effective date—2017 c 13: "This act takes effect January 1, 2018." [ 2017 c 13 s 2.]
(1) Any person aggrieved by an order of the board of industrial insurance appeals issued under *RCW 49.17.140(3) may obtain a review of such order in the superior court for the county in which the violation is alleged to have occurred, by filing in such court within thirty days following the communication of the board's order or denial of any petition or petitions for review, a written notice of appeal praying that the order be modified or set aside. Such appeal shall be perfected by filing with the clerk of the court and by serving a copy thereof by mail, or personally, on the director and on the board. The board shall thereupon transmit a copy of the notice of appeal to all parties who participated in proceedings before the board, and shall file in the court the complete record of the proceedings. Upon such filing the court shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings and the record of proceedings a decree affirming, modifying, or setting aside in all or in part, the decision of the board of industrial insurance appeals and enforcing the same to the extent that such order is affirmed or modified. The commencement of appellate proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the board of industrial insurance appeals. No objection that has not been urged before the board shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the board or hearing examiner where the board has denied a petition or petitions for review with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. If any party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the board, the court may order such additional evidence to be taken before the board and to be made a part of the record. The board may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which findings with respect to questions of fact are supported by substantial evidence on the record considered as a whole, shall be conclusive, and its recommendations, if any, for the modification or setting aside of its original order. Upon the filing of the record with it, the jurisdiction of the court shall be exclusive and the judgment and decree shall be final, except as the same shall be subject to review by the supreme court. Appeals filed under this subsection shall be heard expeditiously.
(2) The director may also obtain review or enforcement of any final order of the board by filing a petition for such relief in the superior court for the county in which the alleged violation occurred. The provisions of subsection (1) of this section shall govern such proceeding to the extent applicable. If a notice of appeal, as provided in subsection (1) of this section, is not filed within thirty days after service of the board's order, the board's findings of fact, decision, and order or the examiner's findings of fact, decision, and order when a petition or petitions for review have been denied shall be conclusive in connection with any petition for enforcement which is filed by the director after the expiration of such thirty day period. In any such case, as well as in the case of an unappealed citation or a notification of the assessment of a penalty by the director, which has become a final order under subsection (1) or (2) of RCW 49.17.140 upon application of the director, the clerk of the court, unless otherwise ordered by the court, shall forthwith enter a decree enforcing the citation and notice of assessment of penalty and shall transmit a copy of such decree to the director and the employer named in the director's petition. In any contempt proceeding brought to enforce a decree of the superior court entered pursuant to this subsection or subsection (1) of this section the superior court may assess the penalties provided in RCW 49.17.180, in addition to invoking any other available remedies.
[ 1982 c 109 s 1; 1973 c 80 s 15. ]
NOTES:
*Reviser's note: RCW 49.17.140 was amended by 2021 c 253 s 2, changing subsection (3) to subsection (4).
(1) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or herself or others of any right afforded by this chapter. Prohibited discrimination includes an action that would deter a reasonable employee from exercising their rights under this chapter.
(2) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of this section may, within 90 days after such violation occurs, file a complaint with the director alleging such discrimination. The department may, at its discretion, extend the time period on recognized equitable principles or due to extenuating circumstances.
(3) Within 90 days of the receipt of the complaint filed under this section, the director shall notify the complainant and the employer of his or her determination under subsections (4) and (5) of this section unless the matter is otherwise resolved. The department may extend the period by providing advance written notice to the complainant and the employer setting forth good cause for an extension of the period, and specifying the duration of the extension.
(4)(a) If the director determines that the provisions of this section have been violated, the director will issue a citation and notice of assessment describing the violation to the employer, ordering all appropriate relief, and may assess a civil penalty.
(b) Appropriate relief may include, but is not limited to, the following:
(i) Restoring the complainant to the position of employment held by the complainant when the discrimination occurred, or restoring the complainant to an equivalent position with equivalent employment hours, work schedule, benefits, pay, and other terms and conditions of employment; and
(ii) Ordering the employer to make payable to the complainant earnings that the complainant did not receive due to the employer's discriminatory action, including interest of one percent per month on all earnings owed. The earnings and interest owed will be calculated from the first date earnings were owed to the employee.
(c) A civil penalty not to exceed the maximum penalty for a serious violation under this chapter may be assessed for the first occurrence. A civil penalty not to exceed the maximum penalty for a repeat violation under this chapter may be assessed for each repeat occurrence. Civil penalties are not contingent upon relief being granted to the worker.
(5) If the director finds there is insufficient evidence to determine that the provisions of this section have been violated, the director will issue a letter of closure and the employee may institute the action on his or her own behalf within 30 days of such determination. In any such action the superior court shall have jurisdiction, for cause shown, to restrain violations of subsection (1) of this section and order all appropriate relief including rehiring or reinstatement of the complainant to his or her former position with back pay.
(6) The department must notify the employer and the complainant of a citation and notice of assessment issued under subsection (4) of this section using an electronic or nonelectronic method by which the citation and notice of assessment can be tracked or the delivery can be confirmed. Before using an electronic method for the first time under this subsection, the department must provide the employer and the complainant the option to receive communication through a nonelectronic method. Citations and notices of assessments shall state that the employer has 30 days within which to notify the department that the employer wishes to appeal the citation or notice of assessment, and that the complainant has 15 working days within which to notify the department that the complainant wishes to appeal the order of appropriate relief in the notice of assessment. If, within 30 days from the communication of the notice issued by the director, the employer fails to notify the department that the employer intends to appeal the citation or notice of assessment, and no notice of appeal of the order of appropriate relief is filed by the complainant within such time, the citation and notice of assessment shall be deemed a final order of the department and not subject to review by any court or agency.
(7) If an employer or complainant notifies the department of an appeal, the department may reassume jurisdiction according to the timeline, process for hearing, and issuance of corrective notices of redetermination under RCW 49.17.140(4). The redetermination shall become final subject to direct appeal by an employer or complainant to the board of industrial insurance appeals within 15 working days of such redetermination with service of notice of appeal upon the director. In the event that the director does not reassume jurisdiction as provided in this subsection, the director shall promptly notify the state board of industrial insurance appeals of all notifications of intention to appeal the citation and notice of assessment and certify a full copy of the record in such appeal matters to the board. The board of industrial insurance appeals shall afford an opportunity for a hearing in the case of each such appellant and the department shall be represented in such hearing by the attorney general and the board shall in addition provide the complainant an opportunity to participate as a party to hearings of employer appeals under this subsection and provide the employer an opportunity to participate as a party to hearings of complainant appeals under this subsection. The board shall thereafter make disposition of the issues in accordance with procedures relative to contested cases appealed to the state board of industrial insurance appeals. A notice of appeal filed under this section shall stay the effectiveness of any citation or notice of assessment except orders of reinstatement pending review by the board of industrial insurance appeals.
(8) Civil penalties imposed under this section shall be paid to the director for deposit in the supplemental pension fund established in RCW 51.44.033.
(9) Collections of amounts owed for unpaid citations and notices of assessment will be handled pursuant to the procedures outlined in RCW 51.48.120 through 51.48.150.
(10) Nothing in this section diminishes the rights, privileges, or remedies of any employee under any federal or state law or under any collective bargaining agreement. The department and complainant may pursue remedies in superior court that are outside the board of industrial insurance appeals' jurisdiction.
[ 2026 c 77 s 17; 2021 c 253 s 3; 2010 c 8 s 12013; 1973 c 80 s 16. ]
NOTES:
Effective date—2021 c 253 s 3: "Section 3 of this act takes effect July 1, 2022." [ 2021 c 253 s 7.]
Rule-making authority—Worker safety and health—2021 c 253: See note following RCW 49.17.130.
(1) In addition to and after having invoked the powers of restraint vested in the director as provided in RCW 49.17.130 the superior courts of the state of Washington shall have jurisdiction upon petition of the director, through the attorney general, to enjoin any condition or practice in any workplace from which there is a substantial probability that death or serious physical harm could result to any employee immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this chapter. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such danger and prohibit the employment or presence of any individual in locations or under conditions where such danger exists, except individuals whose presence is necessary to avoid, correct, or remove such danger or to maintain the capacity of a continuous process operation to resume normal operation without a complete cessation of operations, or where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner.
(2) Upon the filing of any such petition the superior courts of the state of Washington shall have jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of enforcement proceedings pursuant to this chapter, except that no temporary restraining order issued without notice shall be effective for a period longer than five working days.
(3) Whenever and as soon as any authorized representative of the director concludes that a condition or practice described in subsection (1) exists in any workplace, he or she shall inform the affected employees and employers of the danger and may recommend to the director that relief be sought under this section.
(4) If the director arbitrarily or capriciously fails to invoke his or her restraining authority under RCW 49.17.130 or fails to seek relief under this section, any employee who may be injured by reason of such failure, or the representative of such employees, may bring an action against the director in the superior court for the county in which the danger is alleged to exist for a writ of mandamus to compel the director to seek such an order and for such further relief as may be appropriate or seek the director to exercise his or her restraining authority under RCW 49.17.130.
[ 2010 c 8 s 12014; 1973 c 80 s 17. ]
(1) Except as provided in RCW 43.05.090, any employer who willfully or repeatedly violates the requirements of RCW 49.17.060, of any safety or health standard adopted under the authority of this chapter, of any existing rule or regulation governing the conditions of employment adopted by the department, or of any order issued granting a variance under RCW 49.17.080 or 49.17.090 may be assessed a civil penalty not to exceed seventy thousand dollars for each violation. However, if the state is required to have a higher maximum penalty to qualify a state plan under the occupational safety and health administration, then the maximum civil penalty is the higher maximum penalty required under the occupational safety and health administration. A minimum penalty of five thousand dollars shall be assessed for a willful violation; unless set to a specific higher amount by the federal occupational safety and health administration and this state is required to equal the higher penalty amount to qualify a state plan.
(2) Any employer who has received a citation for a serious violation of the requirements of RCW 49.17.060, of any safety or health standard adopted under the authority of this chapter, of any existing rule or regulation governing the conditions of employment adopted by the department, or of any order issued granting a variance under RCW 49.17.080 or 49.17.090 as determined in accordance with subsection (7) of this section, shall be assessed a civil penalty not to exceed seven thousand dollars for each such violation. However, if the state is required to have a higher maximum penalty to qualify a state plan under the occupational safety and health administration, then the maximum civil penalty is the higher maximum penalty required under the occupational safety and health administration.
(3) Any employer who has received a citation for a violation of the requirements of RCW 49.17.060, of any safety or health standard adopted under this chapter, of any existing rule or regulation governing the conditions of employment adopted by the department, or of any order issued granting a variance under RCW 49.17.080 or 49.17.090, where such violation is specifically determined not to be of a serious nature as provided in subsection (7) of this section, may be assessed a civil penalty not to exceed seven thousand dollars for each such violation, unless such violation is determined to be de minimis or, if the state is required to have a higher maximum penalty to qualify a state plan under the occupational safety and health administration, then the maximum civil penalty is the higher maximum penalty required under the occupational safety and health administration.
(4) Any employer who fails to correct a violation for which a citation has been issued under RCW 49.17.120 or 49.17.130 within the period permitted for its correction, which period shall not begin to run until the date of the final order of the board of industrial insurance appeals in the case of any review proceedings under this chapter initiated by the employer in good faith and not solely for delay or avoidance of penalties, may be assessed a civil penalty of not more than seven thousand dollars for each day during which such failure or violation continues. However, if the state is required to have a higher maximum penalty to qualify a state plan under the occupational safety and health administration, then the maximum civil penalty is the higher maximum penalty required under the occupational safety and health administration.
(5) Any employer who has been issued an order immediately restraining a condition, practice, method, process, or means in the workplace, pursuant to RCW 49.17.130 or 49.17.170, and who nevertheless continues such condition, practice, method, process, or means, or who continues to use a machine or equipment or part thereof to which a notice prohibiting such use has been attached, may be assessed a civil penalty of not more than the maximum penalty for a serious violation under this section for each day the employer continues such condition, practice, method, process, or means, or continues to use a machine or equipment or part thereof to which a notice prohibiting such use has been attached.
(6) Any employer who violates any of the posting requirements of this chapter, or any of the posting requirements of rules adopted by the department pursuant to this chapter related to employee or employee representative's rights to notice, including but not limited to those employee rights to notice set forth in RCW 49.17.080, 49.17.090, 49.17.120, 49.17.130, 49.17.220(1), and 49.17.240(2), shall be assessed a penalty not to exceed seven thousand dollars for each such violation. However, if the state is required to have a higher maximum penalty to qualify a state plan under the occupational safety and health administration, then the maximum civil penalty is the higher maximum penalty required under the occupational safety and health administration. Any employer who violates any of the posting requirements for the posting of informational, educational, or training materials under the authority of RCW 49.17.050(7), may be assessed a penalty not to exceed seven thousand dollars for each such violation. However, if the state is required to have a higher maximum penalty to qualify a state plan under the occupational safety and health administration, then the maximum civil penalty is the higher maximum penalty required under the occupational safety and health administration.
(7) For the purposes of this section, a serious violation shall be deemed to exist in a workplace if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use in such workplace, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
(8) The director, or his or her authorized representatives, shall have authority to assess all civil penalties provided in this section, giving due consideration to the appropriateness of the penalty with respect to the number of affected employees of the employer being charged, the gravity of the violation, the size of the employer's business, the good faith of the employer, and the history of previous violations.
(9) Civil penalties imposed under this chapter shall be paid to the director for deposit in the supplemental pension fund established by RCW 51.44.033. Civil penalties may be recovered in a civil action in the name of the department brought in the superior court of the county where the violation is alleged to have occurred, or the department may utilize the procedures for collection of civil penalties as set forth in RCW 51.48.120 through 51.48.150.
[ 2021 c 253 s 4; 2018 c 128 s 1; 2010 c 8 s 12015; 1995 c 403 s 629; 1991 c 108 s 1; 1986 c 20 s 2; 1973 c 80 s 18. ]
NOTES:
Rule-making authority—Worker safety and health—2021 c 253: See note following RCW 49.17.130.
Effective date—2018 c 128: "This act takes effect January 1, 2019." [ 2018 c 128 s 2.]
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
(1) Any person who gives advance notice of any inspection to be conducted under the authority of this chapter, without the consent of the director or his or her authorized representative, shall, upon conviction be guilty of a gross misdemeanor and be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both.
(2) Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter shall, upon conviction be guilty of a gross misdemeanor and be punished by a fine of not more than ten thousand dollars, or by imprisonment for not more than six months or by both.
(3) Any employer who willfully and knowingly violates the requirements of RCW 49.17.060, any safety or health standard promulgated under this chapter, any existing rule or regulation governing the safety or health conditions of employment and adopted by the director, or any order issued granting a variance under RCW 49.17.080 or 49.17.090 and that violation caused death to any employee shall, upon conviction be guilty of a gross misdemeanor and be punished by a fine of not more than $100,000 or by imprisonment for not more than six months or by both; except, that if the conviction is for a violation committed after a first conviction of such person, punishment shall be a fine of not more than $200,000 or by imprisonment for not more than 364 days, or by both.
(4) Any employer who has been issued an order immediately restraining a condition, practice, method, process, or means in the workplace, pursuant to RCW 49.17.130 or 49.17.170, and who nevertheless continues such condition, practice, method, process, or means, or who continues to use a machine or equipment or part thereof to which a notice prohibiting such use has been attached, shall be guilty of a gross misdemeanor, and upon conviction shall be punished by a fine of not more than $10,000 or by imprisonment for not more than six months, or by both.
(5) Any employer who shall knowingly remove, displace, damage, or destroy, or cause to be removed, displaced, damaged, or destroyed any safety device or safeguard required to be present and maintained by any safety or health standard, rule, or order promulgated pursuant to this chapter, or pursuant to the authority vested in the director under RCW 43.22.050 shall, upon conviction, be guilty of a misdemeanor and be punished by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or by both.
(6) An employer is guilty of a misdemeanor if the employer: (a) Allows any person to engage in the assembly, disassembly, or reconfiguration of a tower crane without direct supervision by a competent and qualified assembly/disassembly director as required under this chapter and defined by the department; or (b) allows a tower crane to be assembled, disassembled, or reconfigured not in accordance with manufacturer operation instructions, manufacturer guidelines, or written procedures from a registered professional structural engineer.
(7) Whenever the director has reasonable cause to believe that any provision of this section defining a crime has been violated by an employer, the director shall cause a record of such alleged violation to be prepared, a copy of which shall be referred to the prosecuting attorney of the county wherein such alleged violation occurred, and the prosecuting attorney of such county shall in writing advise the director of the disposition he or she shall make of the alleged violation.
[ 2024 c 311 s 10; 2011 c 96 s 40; 2010 c 8 s 12016; 1986 c 20 s 3; 1973 c 80 s 19. ]
NOTES:
Application—Effective date—2024 c 311: See notes following RCW 49.17.400.
Finding—Application—2024 c 311: See notes following RCW 49.17.435.
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
All information reported to or otherwise obtained by the director, or his or her authorized representative, in connection with any inspection or proceeding under the authority of this chapter, which contains or which might reveal a trade secret shall be considered confidential, except that such information may be disclosed to other officers or employees concerned with carrying out this chapter, or when relevant in any proceeding under this chapter. In any such proceeding the director, the board of industrial insurance appeals, or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.
[ 2010 c 8 s 12017; 1973 c 80 s 20. ]
NOTES:
Uniform trade secrets act: Chapter 19.108 RCW.
The director is authorized to conduct, either directly or by grant or contract, research, experiments, and demonstrations as may be of aid and assistance in the furtherance of the objects and purposes of this chapter. Employer identity, employee identity, and personal identifiers of voluntary participants in research, experiments, and demonstrations shall be deemed confidential and shall not be open to public inspection. Information obtained from such voluntary activities shall not be deemed to be medical information for the purpose of RCW 51.36.060 and shall be deemed confidential and shall not be open to public inspection. The director, in his or her discretion, is authorized to grant a variance from any rule or regulation or portion thereof, whenever he or she determines that such variance is necessary to permit an employer to participate in an experiment approved by the director, and the experiment is designed to demonstrate or validate new and improved techniques to safeguard the health or safety of employees. Any such variance shall require that all due regard be given to the health and safety of all employees participating in any experiment.
[ 1991 c 89 s 1; 1973 c 80 s 21. ]
(1) Each employer shall make, keep, and preserve, and make available to the director such records regarding his or her activities relating to this chapter as the director may prescribe by regulation as necessary or appropriate for the enforcement of this chapter or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this section such regulations may include provisions requiring employers to conduct periodic inspections. The director shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this chapter, including the provisions of applicable safety and health standards.
(2) The director shall prescribe regulations requiring employers to maintain accurate records, and to make periodic reports of work-related deaths, and of injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.
(3) The director shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured. Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring, and to have access to the records thereof. Such regulations shall also make appropriate provisions for each employee or former employee to have access to such records as will indicate his or her own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by any applicable safety and health standard promulgated under this chapter and shall inform any employee who is being thus exposed of the corrective action being taken.
[ 2010 c 8 s 12018; 1973 c 80 s 22. ]
The director is authorized to adopt by rule any provision reasonably necessary to enable this state to qualify a state plan under section 18 of the Occupational Safety and Health Act of 1970 (Public Law 91-596, 84 Stat. 1590) to enable this state to assume the responsibility for the development and enforcement of occupational safety and health standards in all workplaces within this state subject to the legislative jurisdiction of the state of Washington. The director is authorized to enter into agreement with the United States and to accept on behalf of the state of Washington grants of funds to implement the development and enforcement of this chapter and the Occupational Safety and Health Act of 1970.
[ 1973 c 80 s 23. ]
(1) The director in the promulgation of rules under the authority of this chapter shall establish safety and health standards for conditions of employment of general and/or specific applicability for all industries, businesses, occupations, crafts, trades, and employments subject to the provisions of this chapter, or those that are a national or accepted federal standard. In adopting safety and health standards for conditions of employment, the director shall solicit and give due regard to all recommendations by any employer, employee, or labor representative of employees.
(2) Any safety and health standard adopted by rule of the director shall, where appropriate, prescribe the use of labels or other forms of warning to insure that employees are apprised of all hazards to which they may be exposed, relevant symptoms, and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure. Where appropriate, such rules shall so prescribe suitable protective equipment and control or technological procedures to be used in connection with such hazards and shall provide for monitoring or measuring employee exposure at such locations and intervals, and in such manner as may be reasonably necessary for the protection of employees. In addition, where appropriate, any such rule shall prescribe the type and frequency of medical examinations or other tests which shall be made available, by the employer or at his or her cost, to employees exposed to such hazards in order to most effectively determine whether the health of such employees is adversely affected by such exposure. In the event that such medical examinations are in the nature of research, as determined by the director, such examinations may be furnished at the expense of the department. The results of such examinations or tests shall be furnished only to the director, other appropriate agencies of government, and at the request of the employee to his or her physician.
(3) Whenever the director adopts by rule any safety and health standard he or she may at the same time provide by rule the effective date of such standard which shall not be less than thirty days, excepting emergency rules, but may be made effective at such time in excess of thirty days from the date of adoption as specified in any rule adopting a safety and health standard. Any rule not made effective thirty days after adoption, having a delayed effectiveness in excess of thirty days, may only be made upon a finding made by the director that such delayed effectiveness of the rule is reasonably necessary to afford the affected employers a reasonable opportunity to make changes in methods, means, or practices to meet the requirements of the adopted rule. Temporary orders granting a variance may be utilized by the director in lieu of the delayed effectiveness in the adoption of any rule.
[ 2010 c 8 s 12019; 1973 c 80 s 24. ]
(1) The director is authorized to provide funding from the medical aid fund established under RCW 51.44.020, by grant or contract, for safety and health investment projects for workplaces insured for workers' compensation through the department's state fund. This shall include projects to: Prevent workplace injuries, illnesses, and fatalities; create early return-to-work programs; and reduce long-term disability through the cooperation of employers and employees or their representatives.
(2) Awards may be granted to organizations such as, but not limited to, trade associations, business associations, employers, employees, labor unions, employee organizations, joint labor and management groups, and educational institutions in collaboration with state fund employer and employee representatives.
(3) Awards may not be used for lobbying or political activities; supporting, opposing, or developing legislative or regulatory initiatives; any activity not designed to reduce workplace injuries, illnesses, or fatalities; or reimbursing employers for the normal costs of complying with safety and health rules.
(4) Funds for awards shall be distributed as follows: At least 25 percent for projects designed to develop and implement innovative and effective return-to-work programs for injured workers; at least 25 percent for projects that specifically address the needs of small businesses; and at least 50 percent for projects that foster workplace injury and illness prevention by addressing priorities identified by the department in cooperation with the Washington industrial safety and health act advisory committee and the workers' compensation advisory committee.
(5) The department is authorized to use the funds allocated for effective return-to-work projects related to return-to-work programs under subsection (4) of this section to provide funding for grants or contracts for the development and evaluation of workplace behavioral health programs including, but not limited to, suicide prevention, mental health training, trauma-informed reintegration protocols, independent navigator programs, and developing supportive workplace cultures. The projects must be focused on occupations that have high risk of posttraumatic stress disorder through repetitive exposure to trauma. The department is authorized to determine appropriate organizations eligible for awards under this subsection.
(6) The department shall adopt rules as necessary to implement this section.
[ 2026 c 220 s 1; 2011 1st sp.s. c 37 s 501. ]
NOTES:
Rules—2026 c 220: "The department of labor and industries may adopt rules necessary to implement this act." [ 2026 c 220 s 6.]
Effective date—2026 c 220: "Except for section 3 of this act, this takes effect July 1, 2026." [ 2026 c 220 s 7.]
Finding—Effective date—2011 1st sp.s. c 37: See notes following RCW 51.32.090.
(1) In carrying out the responsibilities for the development of a voluntary compliance program under the authority of RCW 49.17.050(8) and the rendering of advisory and consultative services to employers, the director may grant an employer's application for advice and consultation, and for the purpose of affording such consultation and advice visit the employer's workplace. Such consultation and advice shall be limited to the matters specified in the request affecting the interpretation and applicability of safety and health standards to the conditions, structures, machines, equipment, apparatus, devices, materials, methods, means, and practices in the employer's workplace. The director in granting any requests for consultative or advisory service may provide for an alternative means of affording consultation and advice other than on-site consultation.
(2) The director, or an authorized representative, will make recommendations regarding the elimination of any hazards disclosed within the scope of the on-site consultation. No visit to an employer's workplace shall be regarded as an inspection or investigation under the authority of this chapter, and no notices or citations shall be issued, nor, shall any civil penalties be assessed upon such visit, nor shall any authorized representative of the director designated to render advice and consult with employers under the voluntary compliance program have any enforcement authority: PROVIDED, That in the event an on-site visit discloses a serious violation of a health and safety standard as defined in *RCW 49.17.180(6), and the hazard of such violation is either not abated by the cooperative action of the employer, or, is not subject to being satisfactorily abated by the cooperative action of the employer, the director shall either invoke the administrative restraining authority provided in RCW 49.17.130 or seek the issuance of injunctive process under the authority of RCW 49.17.170 or invoke both such remedies.
(3) Nothing in this section shall be construed as providing immunity to any employer who has made application for consultative services during the pendency of the granting of such application from inspections or investigations conducted under RCW 49.17.070 or any inspection conducted as a result of a complaint, nor immunity from inspections under RCW 49.17.070 or inspections resulting from a complaint subsequent to the conclusion of the consultative period. This section shall not be construed as requiring an inspection under RCW 49.17.070 of any workplace which has been visited for consultative purposes. However, in the event of a subsequent inspection, the director, or an authorized representative, may in his or her discretion take into consideration any information obtained during the consultation visit of that workplace in determining the nature of an alleged violation and the amount of penalties to be assessed, if any. Such rules and regulations to be promulgated pursuant to this section shall provide that in all instances of serious violations as defined in *RCW 49.17.180(6) which are disclosed in any consultative period, shall be corrected within a specified period of time at the expiration of which an inspection will be conducted under the authority of RCW 49.17.070. All employers requesting consultative services shall be advised of the provisions of this section and the rules adopted by the director relating to the voluntary compliance program. Information obtained by the department as a result of employer-requested consultation and training services shall be deemed confidential and shall not be open to public inspection. Within thirty days of receipt, the employer shall make voluntary services reports available to employees or their collective bargaining representatives for review. Employers may satisfy the availability requirement by requesting a copy of the reports from the department. The director may provide by rule for the frequency, manner, and method of the rendering of consultative services to employers, and for the scheduling and priorities in granting applications consistent with the availability of personnel, and in such a manner as not to jeopardize the enforcement requirements of this chapter.
[ 1991 c 89 s 2; 1973 c 80 s 25. ]
NOTES:
*Reviser's note: RCW 49.17.180 was amended by 2021 c 253 s 4, changing subsection (6) to subsection (7).
In furtherance of the objects and purposes of this chapter, the director shall develop and maintain an effective program of collection, compilation, and analysis of industrial safety and health statistics. The director, or his or her authorized representative, shall investigate and analyze industrial catastrophes, serious injuries, and fatalities occurring in any workplace subject to this chapter, in an effort to ascertain whether such injury or fatality occurred as the result of a violation of this chapter, or any safety and health standard, rule, or order promulgated pursuant to this chapter, or if not, whether a safety and health standard or rule should be promulgated for application to such circumstances. The director shall adopt rules relating to the conducting and reporting of such investigations. Such investigative report shall be deemed confidential and only available upon order of the superior court after notice to the director and an opportunity for hearing: PROVIDED, That such investigative reports shall be made available without the necessity of obtaining a court order, to employees of governmental agencies in the performance of their official duties, to the injured worker or his or her legal representative or his or her labor organization representative, or to the legal representative or labor organization representative of a deceased worker who was the subject of an investigation, or to the employer of the injured or deceased worker or any other employer or person whose actions or business operation is the subject of the report of investigation, or any attorney representing a party in any pending legal action in which an investigative report constitutes relevant and material evidence in such legal action.
[ 2010 c 8 s 12020; 1973 c 80 s 26. ]
The department shall be the sole and paramount administrative agency responsible for the administration of the provisions of this chapter, and any other agency of the state or any municipal corporation or political subdivision of the state having administrative authority over the inspection, survey, investigation, or any regulatory or enforcement authority of safety and health standards related to the health and safety of employees in any workplace subject to this chapter, shall be required, notwithstanding any statute to the contrary, to exercise such authority as provided in this chapter and subject to interagency agreement or agreements with the department made under the authority of the interlocal cooperation act (chapter 39.34 RCW) relative to the procedures to be followed in the enforcement of this chapter: PROVIDED, That in relation to employers using or possessing sources of ionizing radiation the department of labor and industries and the department of social and health services shall agree upon mutual policies, rules, and regulations compatible with policies, rules, and regulations adopted pursuant to chapter 70A.388 RCW insofar as such policies, rules, and regulations are not inconsistent with the provisions of this chapter.
[ 2021 c 65 s 56; 1973 c 80 s 27. ]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
(1) As used in this section, "federal worker protection standard" or "federal standard" means the worker protection standard for agricultural workers and handlers of agricultural pesticides adopted by the United States environmental protection agency in 40 C.F.R., part 170 as it exists on June 6, 1996.
(2)(a) No rule adopted under this chapter may impose requirements that make compliance with the federal worker protection standard impossible.
(b) The department shall adopt by rule safety and health standards that are at least as effective as the federal standard. Standards adopted by the department under this section shall be adopted in coordination with the department of agriculture.
(3) If a violation of the federal worker protection standard, or of state rules regulating activities governed by the federal standard, is investigated by the department and by the department of agriculture, the agencies shall conduct a joint investigation if feasible, and shall share relevant information. However, an investigation conducted by the department under Title 51 RCW solely with regard to industrial insurance shall not be considered to be an investigation by the department for this purpose. The agencies shall not issue duplicate citations to an individual or business for the same violation of the federal standard or state rules regulating activities governed by the federal standard. By December 1, 1996, the department and the department of agriculture shall jointly establish a formal agreement that: Identifies the roles of each of the two agencies in conducting investigations of activities governed by the federal standard; and provides for protection of workers and enforcement of standards that is at least as effective as provided to all workers under this chapter. The department's role under the agreement shall not extend beyond protection of safety and health in the workplace as provided under this chapter.
[ 1996 c 260 s 2. ]
NOTES:
Finding—Intent—1996 c 260: "The legislature finds that the state's highly productive and efficient agriculture sector is composed predominately of family owned and managed farms and an industrious and efficient workforce. It is the intent of the legislature that the department of agriculture and the department of labor and industries coordinate adoption, implementation, and enforcement of a common set of worker protection standards related to pesticides in order to avoid inconsistency and conflict in the application of those rules. It is also the intent of the legislature that the department of agriculture and the department of labor and industries coordinate investigations with the department of health as well. Further, coordination of enforcement procedures under chapter 260, Laws of 1996 shall not reduce the effectiveness of the enforcement provisions of the Washington industrial safety and health act of 1973 or the Washington pesticide application act. Finally, when the department of agriculture or the department of labor and industries anticipates regulatory changes to standards regarding pesticide application and handling, they shall involve the affected parties in the rule-making process and solicit relevant information. The department of agriculture and the department of labor and industries shall identify differences in their respective jurisdictions and penalty structures and publish those differences." [ 1996 c 260 s 1.]
Severability—1996 c 260: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1996 c 260 s 6.]
Department of agriculture authority: RCW 17.21.440.
Employers whose employees receive medical monitoring under chapter 296-307 WAC, Part J-1, shall submit records to the department of labor and industries each month indicating the name of each worker tested, the number of hours that each worker handled covered pesticides during the thirty days prior to testing, and the number of hours that each worker handled covered pesticides during the current calendar year. The department of labor and industries shall work with the department of health to correlate this data with each employee's test results. No later than January 1, 2005, the department of labor and industries shall require employers to report this data to the physician or other licensed health care professional and department of health public health laboratory or other approved laboratory when each employee's cholinesterase test is taken. The department shall also require employers to provide each employee who receives medical monitoring with: (1) A copy of the data that the employer reports for that employee upon that employee's request; and (2) access to the records on which the employer's report is based.
[ 2004 c 272 s 1. ]
NOTES:
Effective date—2004 c 272: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 2004]." [ 2004 c 272 s 4.]
By January 1, 2005, January 1, 2006, and January 1, 2007, the department of labor and industries shall report the results of its data collection, correlation, and analysis related to cholinesterase monitoring to the house of representatives committees on agriculture and natural resources and commerce and labor, or their successor committees, and the senate committees on agriculture and commerce and trade, or their successor committees. These reports shall also identify any technical issues regarding the testing of cholinesterase levels or the administration of cholinesterase monitoring.
[ 2004 c 272 s 2. ]
NOTES:
Effective date—2004 c 272: See note following RCW 49.17.285.
By December 1, 1998, the department of labor and industries shall adopt rules requiring electricity in all temporary worker housing and establishing minimum requirements to ensure the safe storage, handling, and preparation of food in these camps, regardless of whether individual or common cooking facilities are in use.
[ 1998 c 37 s 3. ]
The department and the department of health shall adopt joint rules for the licensing, operation, and inspection of temporary worker housing, and the enforcement thereof. For the purposes of this section "temporary worker housing" has the same meaning as given in RCW 70.114A.020.
[ 1999 c 374 s 2. ]
By December 1, 1999, the department and the department of health shall jointly establish a formal agreement that identifies the roles of each of the two agencies with respect to the enforcement of temporary worker housing operation standards.
The agreement shall, to the extent feasible, provide for inspection and enforcement actions by a single agency, and shall include measures to avoid multiple citations for the same violation.
For the purposes of this section, "temporary worker housing" has the same meaning as provided in RCW 70.114A.020.
[ 1999 c 374 s 4. ]
(1) The director of the department of labor and industries shall adopt permanent rules that take effect no later than March 1, 2001, revising any safety standards governing flaggers.
(2) The transportation commission shall adopt permanent rules that take effect no later than March 1, 2001, revising any safety standards governing flaggers.
(3) The utilities and transportation commission shall adopt permanent rules that take effect no later than March 1, 2001, revising any safety standards and employment qualifications governing flaggers.
(4) The permanent rules adopted pursuant to this section shall be designed to improve options available to ensure the safety of flaggers, ensure that flaggers have adequate visual warning of objects approaching from behind them, and, with respect to the utilities and transportation commission rules, update employment qualifications for flaggers.
(5) In developing permanent rules adopted pursuant to this section, state agencies and commissions shall consult with other persons with an interest in improving safety standards and updating employment qualifications for flaggers. State agencies and commissions shall coordinate and make consistent, to the extent possible, permanent rules. State agencies and commissions shall report, by April 22, 2001, to the senate labor and workforce development committee and the house of representatives commerce and labor committee on the permanent rules adopted pursuant to this section.
[ 2000 c 239 s 2. ]
NOTES:
Emergency rules: "(1) The director of the department of labor and industries shall adopt emergency rules that take effect no later than June 1, 2000, revising any safety standards governing flaggers.
(2) The transportation commission shall adopt emergency rules that take effect no later than June 1, 2000, revising any safety standards governing flaggers.
(3) The utilities and transportation commission shall adopt emergency rules that take effect no later than June 1, 2000, revising any safety standards governing flaggers.
(4) Notwithstanding RCW 34.05.350, the emergency rules adopted pursuant to this section shall remain in effect or be adopted in sequence until March 1, 2001, or the effective date of the permanent rules adopted pursuant to RCW 49.17.350, whichever is earlier.
(5) The emergency rules adopted pursuant to this section shall be designed to improve options available to ensure the safety of flaggers, and ensure that flaggers have adequate visual warning of objects approaching from behind them.
(6) In developing emergency rules adopted pursuant to this section, state agencies and commissions shall consult with other persons with an interest in improving safety standards for flaggers. State agencies and commissions shall report, by September 15, 2000, to the senate labor and workforce development committee and the house of representatives commerce and labor committee on the emergency rules adopted pursuant to this section." [ 2000 c 239 s 1.]
Effective date—2000 c 239 ss 1 and 2: "Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 31, 2000]." [ 2000 c 239 s 9.]
Short title—2000 c 239 ss 1 and 2: "Sections 1 and 2 of this act may be known and cited as the "Kim Vendl Worker Safety Act."" [ 2000 c 239 s 10.]
Captions not law—2000 c 239: "Captions used in this act are not any part of the law." [ 2000 c 239 s 11.]
The definitions in this section apply throughout this section and RCW 49.17.420 through 49.17.445 unless the context clearly requires otherwise.
(1) "Apprentice operator or trainee" means a crane operator who has not met requirements established by the department under RCW 49.17.430.
(2) "Assembly, disassembly, and reconfiguration" means the assembly, disassembly, or reconfiguration of cranes covered under this section and RCW 49.17.420 through 49.17.445.
(3) "Assembly/disassembly work zone" is applicable to tower cranes and means the total area that the crane and/or components or attachments could reach if the crane were to collapse. Height of the crane, length of boom, attachments, and loads, shall all be considered to calculate the area, which can shrink or grow as the work progresses.
(4) "Attachments" includes, but is not limited to, crane-attached or suspended hooks, magnets, grapples, clamshell buckets, orange peel buckets, concrete buckets, drag lines, personnel platforms, augers, or drills and pile-driving equipment.
(5) "Certified crane inspector" means a crane inspector who has been certified by the department.
(6) "Construction" means all or any part of excavation, construction, erection, alteration, repair, demolition, and dismantling of buildings and other structures and all related operations; the excavation, construction, alteration, and repair of sewers, trenches, caissons, conduits, pipelines, roads, and all related operations; the moving of buildings and other structures, and the construction, alteration, repair, or removal of wharfs, docks, bridges, culverts, trestles, piers, abutments, or any other related construction, alteration, repair, or removal work. "Construction" does not include manufacturing facilities or powerhouses.
(7) "Crane" means power-operated equipment used in construction that can hoist, lower, and horizontally move a suspended load. "Crane" includes, but is not limited to: Articulating cranes, such as knuckle-boom cranes; crawler cranes; floating cranes; cranes on barges; locomotive cranes; mobile cranes, such as wheel-mounted, rough-terrain, all-terrain, commercial truck mounted, and boom truck cranes; multipurpose machines when used to lift and lower a suspended load, or horizontally move a suspended load; industrial cranes, such as carry-deck cranes; dedicated pile drivers; service/mechanic trucks with a hoisting device; a crane on a monorail; tower cranes, such as fixed jib, hammerhead boom, luffing boom, and self-erecting; pedestal cranes; portal cranes; overhead and gantry cranes; straddle cranes; side-boom tractors; derricks; and variations of such equipment.
(8) "Crane operator" means an individual engaged in the operation of a crane.
(9) "Crane owner" means the company or entity that has custodial control of a crane by virtue of lease or ownership.
(10) "Prime contractor" means the person or entity that has overall responsibility for the construction of the project, its planning, quality, and completion and serves as the site supervisor.
(11) "Professional engineer" means a professional engineer as defined in RCW 18.43.020.
(12) "Qualified crane operator" means a crane operator who meets the requirements established by the department under RCW 49.17.430.
(13) "Reconfiguration" means adding or subtracting components that alter the height, length, or capacity of a crane. The set-up of a crane is not considered reconfiguration.
(14) "Safety or health standard" means a standard adopted under this chapter.
[ 2024 c 311 s 3; 2007 c 27 s 2. ]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Application—2024 c 311: "Sections 3 through 10 of this act apply to construction crane safety." [ 2024 c 311 s 2.]
Effective date—2024 c 311: "This act takes effect January 1, 2025." [ 2024 c 311 s 11.]
Finding—Application—2024 c 311: See notes following RCW 49.17.435.
Intent—2007 c 27: "The legislature intends to promote the safe condition and operation of cranes used in construction work by establishing certification requirements for construction cranes and qualifications for construction crane operators. The legislature intends that standards for safety of construction cranes and for certification of personnel operating cranes in construction work be established." [ 2007 c 27 s 1.]
Effective date—2007 c 27: "This act takes effect January 1, 2010." [ 2007 c 27 s 7.]
(1) RCW 49.17.400 through 49.17.430 apply to cranes used with or without attachments.
(2) RCW 49.17.400 through 49.17.430 do not apply to:
(a) A crane while it has been converted or adapted for a nonhoisting or nonlifting use including, but not limited to, power shovels, excavators, and concrete pumps;
(b) Power shovels, excavators, wheel loaders, backhoes, loader backhoes, and track loaders when used with or without chains, slings, or other rigging to lift suspended loads;
(c) Automotive wreckers and tow trucks when used to clear wrecks and haul vehicles;
(d) Service trucks with mobile lifting devices designed specifically for use in the power line and electric service industries, such as digger derricks (radial boom derricks), when used in the power line and electric service industries for auguring holes to set power and utility poles, or handling associated materials to be installed or removed from utility poles;
(e) Equipment originally designed as vehicle-mounted aerial devices (for lifting personnel) and self-propelled elevating work platforms;
(f) Hydraulic jacking systems, including telescopic/hydraulic gantries;
(g) Stacker cranes;
(h) Powered industrial trucks (forklifts);
(i) Mechanic's truck with a hoisting device when used in activities related to equipment maintenance and repair;
(j) Equipment that hoists by using a come-along or chainfall;
(k) Dedicated drilling rigs;
(l) Gin poles used for the erection of communication towers;
(m) Tree trimming and tree removal work;
(n) Anchor handling with a vessel or barge using an affixed A-frame;
(o) Roustabouts;
(p) Cranes used on-site in manufacturing facilities or powerhouses for occasional or routine maintenance and repair work; and
(q) Crane operators operating cranes on-site in manufacturing facilities or powerhouses for occasional or routine maintenance and repair work.
[ 2007 c 27 s 3. ]
NOTES:
Intent—Effective date—2007 c 27: See notes following RCW 49.17.400.
(1) The department shall establish, by rule, a crane certification program for cranes used in construction. In establishing rules, the department shall consult nationally recognized crane standards.
(2) The crane certification program must include, at a minimum, the following:
(a) The department shall establish certification requirements for crane inspectors, including an experience requirement, an education requirement, a training requirement, and other necessary requirements determined by the director;
(b) The department shall establish a process for certified crane inspectors to issue temporary certificates of operation for a crane and the department to issue a final certificate of operation for a crane after a certified crane inspector determines that the crane meets safety or health standards, including meeting or exceeding national periodic inspection requirements recognized by the department;
(c) Crane owners must ensure that cranes are inspected and load proof tested by a certified crane inspector at least annually and after any significant modification or significant repairs of structural parts. If the use of weights for a unit proof load test is not possible or reasonable, other recording test equipment may be used. In adopting rules implementing this requirement, the department may consider similar standards and practices used by the federal government;
(d) Tower cranes and tower crane assembly parts must be inspected by a certified crane inspector prior to and following every assembly, disassembly, and reconfiguration of a tower crane. Any issues identified throughout the procedure must be tracked and corrected according to this chapter and applicable department rule;
(e) Before installation of a nonstandard tower crane base, the engineering design of the nonstandard base shall be reviewed and acknowledged as acceptable by an independent professional engineer;
(f) A certified crane inspector must notify the department and the crane owner if, after inspection, the certified crane inspector finds that the crane does not meet safety or health standards. A certified crane inspector shall not attest that a crane meets safety or health standards until any deficiencies are corrected and the correction is verified by the certified crane inspector; and
(g) Inspection reports including all information and documentation obtained from a crane inspection shall be made available or provided to the department by a certified crane inspector upon request.
(3) Except as provided in RCW 49.17.410(2), any crane operated in the state must have a valid temporary or final certificate of operation issued by the certified crane inspector or department posted in the operator's cab or station.
(4) Certificates of operation issued by the department under the crane certification program established in this section are valid for one year from the effective date of the temporary operating certificate issued by the certified crane inspector.
(5) This section does not apply to maritime cranes regulated by the department.
[ 2024 c 311 s 5; 2007 c 27 s 4. ]
NOTES:
Application—Effective date—2024 c 311: See notes following RCW 49.17.400.
Finding—Application—2024 c 311: See notes following RCW 49.17.435.
Intent—Effective date—2007 c 27: See notes following RCW 49.17.400.
(1) Except for training purposes as provided in subsection (3) of this section, an employer or contractor shall not permit a crane operator to operate a crane unless the crane operator is a qualified crane operator.
(2) The department shall establish, by rule, requirements that must be met to be considered a qualified crane operator. In establishing rules, the department shall consult nationally recognized crane standards for crane operator certification. The rules must include, at a minimum, the following:
(a) The crane operator must have a valid crane operator certificate, for the type of crane to be operated, issued by a crane operator testing organization accredited by a nationally recognized accrediting agency which administers written and practical examinations, has procedures for recertification that enable the crane operator to recertify at least every five years, and is recognized by the department;
(b) The crane operator must have up to two thousand hours of documented crane operator experience, which meets experience levels established by the department for crane types and capacities by rule; and
(c) The crane operator must pass a substance abuse test conducted by a recognized laboratory service.
(3) An apprentice operator or trainee may operate a crane when:
(a) The apprentice operator or trainee has been provided with training prior to operating the crane that enables the apprentice operator or trainee to operate the crane safely;
(b) The apprentice operator or trainee performs operating tasks that are within his or her ability, as determined by the supervising qualified crane operator; and
(c) The apprentice operator or trainee is under the direct and continuous supervision of a qualified crane operator who meets the following requirements:
(i) The qualified crane operator is an employee or agent of the employer of the apprentice operator or trainee;
(ii) The qualified crane operator is familiar with the proper use of the crane's controls;
(iii) While supervising the apprentice operator or trainee, the qualified crane operator performs no tasks that detract from the qualified crane operator's ability to supervise the apprentice operator or trainee;
(iv) For equipment other than tower cranes, the qualified crane operator and the apprentice operator or trainee must be in direct line of sight of each other and shall communicate verbally or by hand signals; and
(v) For tower cranes, the qualified crane operator and the apprentice operator or trainee must be in direct communication with each other.
(4) The department may recognize crane operator certification from another state or territory of the United States as equivalent to qualified crane operator requirements if the department determines that the other jurisdiction's credentialing standards are substantially similar to the qualified crane operator requirements.
[ 2007 c 27 s 5. ]
NOTES:
Intent—Effective date—2007 c 27: See notes following RCW 49.17.400.
(1) The department shall establish, by rule, a permit for the performance of any work involving the operation, assembly, disassembly, or reconfiguration of a tower crane, subject to the requirements of subsection (2) of this section.
(2) The tower crane permit established by rule under subsection (1) of this section must include the following provisions, at a minimum:
(a) Require a complete application, subject to the requirements of subsection (5) of this section;
(b) Require a safety conference prior to issuing the permit, subject to the requirements of subsection (6) of this section;
(c) Require the department to issue or deny a permit, subject to the requirements of subsections (7) and (8) of this section;
(d) Allow the department to suspend or revoke a permit, subject to the requirements of subsection (9) of this section;
(e) Require the department to provide written notice of denials, suspensions, or revocation of a permit specifying the reasons for the denial, suspension, or revocation;
(f) Allow appeals of a denial, suspension, or revocation of a permit, subject to the requirements of subsection (10) of this section;
(g) Require advance notification to the department of any assembly, disassembly, or reconfiguration of a tower crane and require confirmation from the department to proceed;
(h) Allow the department to require additional information or updated safety conferences before issuing a confirmation to proceed under (g) of this subsection;
(i) Require the department to inspect permitted activities for the tower crane once assembled, following any reconfiguration, or any other permitted activities; and
(j) Require that if the department identifies deficiencies that directly affect the structural integrity or safe operation of a tower crane, the deficiencies be addressed immediately, and the tower crane not be operated until the deficiencies are corrected.
(3) Beginning January 1, 2026, a prime contractor must obtain a permit from the department, as established under this section, prior to performing or allowing the performance of any work involving the operation, assembly, disassembly, or reconfiguration of a tower crane. An exemption from the permit requirement may be allowed by the department for exceptions as determined by the department.
(4)(a) The prime contractor must possess a permit, as required under subsection (3) of this section, at all times a tower crane is present on a construction worksite.
(b) If the prime contractor's permit is suspended or revoked, the tower crane may not be used in operations, nor can assembly, disassembly, or reconfiguration take place until all deficiencies have been addressed and the permit is reinstated by the department.
(5) The prime contractor must apply for a permit required under subsection (3) of this section in a manner and form prescribed by the department that must include, but is not limited to, the following:
(a) Name of the assembly/disassembly director;
(b) Beginning the later of January 1, 2027, or 12 months after the date an assembly/disassembly director program is approved by a nationally accredited organization recognized by the department, the application must include a copy of the assembly/disassembly director's national assembly/disassembly director certification; and
(c) Certification from the prime contractor that all assembly, disassembly, and reconfigurations will be performed with a technical representative of the distributor or manufacturer present to assure that such processes and operations are performed in accordance with manufacturer operation instructions and guidelines. The technical representative must be knowledgeable of assembly, disassembly, and reconfiguration procedures.
(6)(a) Prior to issuing a permit as required under subsection (3) of this section, the department must complete a safety permit conference, which may be conducted using remote videoconference technology, to ensure all parties involved with the assembly, disassembly, and reconfiguration of the tower crane are aware of the requirements and responsibilities under the permit, including manufacturer operation instructions and guidelines, and recommended best practices. The department must establish the information and materials required to be submitted prior to the safety conference, the information and material required to be reviewed at the safety conference, and the required attendees at the safety conference.
(b) During the safety conference, at a minimum the following items must be evaluated:
(i) The potential risks of the procedures, including those addressed in the crane operating manual, as well as specific measures to be taken by the permit applicant and all entities required in the operation, assembly, disassembly, and reconfiguration of the tower crane to minimize these risks;
(ii) The written accident prevention programs of the permit applicant and all entities involved in the operation, assembly, disassembly, and reconfiguration of the tower crane;
(iii) The permit applicant's written job plan as required under RCW 49.17.440; and
(iv) For each employee directly involved with the permitted work, a review of their experience and qualifications, including a copy of the crane operator's license.
(7) The department shall issue a permit under this section within five working days of the initial project permit safety conference under subsection (6) of this section, if the application materials are complete and the materials presented by the prime contractor at the safety conference are complete. If the application or safety conference materials are not complete, the prime contractor must be given a written list, before leaving the safety conference, of the materials or information outstanding. The department shall then either issue the permit within five working days of receiving the outstanding materials or deny the permit in writing pursuant to the requirements under this chapter and rules established by the department. The department may issue conditional permits, including when specific information is not yet available.
(8) The department must deny a permit if the permit applicant has a record of safety and health violations which indicates that the permit applicant may not be maintaining a safe worksite or operation.
(9) The department must suspend or revoke a permit if the permit holder:
(a) Has failed to comply with applicable occupational health and safety standards or regulations involving tower cranes;
(b) Fails to notify the department in advance of the assembly, disassembly, or reconfiguration of a fixed tower crane as required under this section;
(c) Fails to ensure that a technical representative of the distributor or manufacturer of the tower crane who is knowledgeable of assembly, disassembly, and reconfiguration procedures was present during assembly, disassembly, or reconfiguration;
(d) Fails to immediately correct deficiencies directly affecting the structural integrity of a tower crane;
(e) Fails to correct deficiencies directly affecting the safe operation of a tower crane; or
(f) Has refused the department entry to a worksite that contains activity for which a permit is required.
(10)(a) A denial, suspension, or revocation of a permit may be appealed to department within 15 working days after the denial, suspension, or revocation order is communicated.
(b) The department shall hold a hearing at such place designated by the director or authorized representative for the convenience of the attending parties within 2 working days of the applicant's or suspended or revoked permit holder's appeal.
(c) The applicant or suspended or revoked permit holder has the burden of establishing that it qualifies for a permit.
(d) The director or authorized representative shall preside at the hearing, which must be open to employees or employees' representatives.
(e) The applicant or permit holder shall notify the employees or employees' representatives of such hearing a reasonable time prior to the hearing, but in no case later than 24 hours prior to the hearing. Proof of such notification by the applicant or permit holder must be made at the hearing.
(f) The director or authorized representative shall issue a decision within 10 business days of the hearing. The director's or authorized representative's decision may affirm the order, reverse the order, or reverse the order with conditions to mitigate any deficiencies.
(g) The director's or authorized representative's decision is subject to appeal to the board of industrial insurance appeal under RCW 49.17.140.
[ 2024 c 311 s 4. ]
NOTES:
Finding—2024 c 311: "The legislature finds that there is significant opportunity to improve worker and public safety in tower crane assembly, disassembly, and reconfiguration. The Seattle tower crane incident on April 27, 2019, killing two members of the public, Sarah Pantip Wong and Alan Jay Justad, and two iron workers, Travis Daniel Corbet and Andrew W. Yoder, exposed weaknesses in construction safety efforts. Requirements for permitting, street closures, and penalties are created to ensure that assembly, disassembly, and reconfiguration of tower cranes proceed safely." [ 2024 c 311 s 1.]
Application—2024 c 311: "The provisions of this act do not apply to cranes used on marine vessels and at ports, terminals, and marine facilities for maritime activities regulated by the department." [ 2024 c 311 s 9.]
Application—Effective date—2024 c 311: See notes following RCW 49.17.400.
(1) The department of labor and industries shall adopt rules necessary to implement RCW 49.17.400 through 49.17.445.
(2) The department shall adopt rules for tower crane assembly, disassembly, and reconfiguration including, but not limited to:
(a) A process for determining when the department will be present for the assembly, disassembly, and reconfiguration of a tower crane;
(b) Requirements that the prime contractors of construction projects acknowledge all applicable safety orders, crane manufacturer operation instructions and guidelines, written procedures from a registered professional structural engineer, and recommended practices prior to the assembly, disassembly, and reconfiguration of a tower crane;
(c) Requirements that the prime contractor of the construction project ensure that a qualified technical representative of the distributor or manufacturer who is knowledgeable of assembly, disassembly, and reconfiguration procedures will be present during assembly, disassembly, and reconfiguration of a tower crane to assure that such procedures are performed in accordance with manufacturer operation instructions and guidelines;
(d) Requiring prime contractors of construction projects to follow crane manufacturer operation instructions and guidelines or alternate plans/instructions approved by a registered professional engineer when assembling, disassembling, and reconfiguring a tower crane;
(e) Requiring the presence of an assembly/disassembly director at every tower crane assembly, disassembly, and reconfiguration to directly oversee all work performed. The assembly/disassembly director may not serve in any other capacity while directly supervising a tower crane assembly, disassembly, or reconfiguration procedure;
(f) Conducting programmed inspections of workplaces that contain tower cranes;
(g) Establishing requirements for the maximum allowable wind speed for tower crane assembly, disassembly, and reconfiguration;
(h) Establishing requirements for a written job plan that addresses the requirements of the manufacturer's manual tailored to the site conditions where the tower crane will be installed, as appropriate for assembly, disassembly, and reconfiguration of a tower crane;
(i) Establishing requirements that must be met to be considered a competent and qualified assembly/disassembly director including, beginning January 1, 2027, or 12 months after the date an applicable certification program is approved by a nationally accredited organization recognized by the department, certification from a national organization recognized by the department;
(j) Establishing effective stop work procedures that ensure the authority of any employee, including employees of contractors, to refuse or delay the performance of a task related to a tower crane that the employee believes could reasonably result in serious physical harm or death. The rules must ensure that employees who exercise stop work authority are protected from intimidation, retaliation, or discrimination; and
(k) Other rules necessary to implement RCW 49.17.400 through 49.17.445.
(3) The department may set fees in rule to be charged for permits issued under RCW 49.17.435 in an amount sufficient to cover the costs of administering RCW 49.17.435. Fees shall be deposited in the industrial insurance trust funds.
[ 2024 c 311 s 6; 2007 c 27 s 6. ]
NOTES:
Application—Effective date—2024 c 311: See notes following RCW 49.17.400.
Finding—Application—2024 c 311: See notes following RCW 49.17.435.
Intent—Effective date—2007 c 27: See notes following RCW 49.17.400.
A tower crane manufacturer and distributor shall, without exception, provide all relevant manufacturer operation instructions and guidelines, including assembly, disassembly, and reconfiguration instructions, for the safe use and maintenance of all of the manufacturer's or distributor's tower cranes located in the state to any person who requests access to such materials. The prescribed information, format, and distribution channel must be determined by the department. These materials must be written in the English language with customary grammar and punctuation. Information must be provided within a reasonable time frame, as determined by the department.
[ 2024 c 311 s 7. ]
NOTES:
Application—Effective date—2024 c 311: See notes following RCW 49.17.400.
Finding—Application—2024 c 311: See notes following RCW 49.17.435.
The definitions in this section apply throughout RCW 49.17.465, this section, and section 1, chapter 39, Laws of 2011 unless the context clearly requires otherwise.
(1) "Antineoplastic drug" means a chemotherapeutic agent that controls or kills cancer cells.
(2) "Hazardous drugs" means any drug identified by the national institute for occupational safety and health at the centers for disease control or any drug that meets at least one of the following six criteria: Carcinogenicity, teratogenicity or developmental toxicity, reproductive toxicity in humans, organ toxicity at low doses in humans or animals, genotoxicity, or new drugs that mimic existing hazardous drugs in structure or toxicity.
[ 2011 c 39 s 2. ]
NOTES:
Declaration—Intent—2011 c 39: "The legislature declares that health care personnel who work with or near hazardous drugs in health care settings may be exposed to these agents in the air, on work surfaces, clothing, and medical equipment or through patient contact. According to the national institute for occupational safety and health (NIOSH), early concerns about occupational exposure to antineoplastic drugs first appeared in the 1970s. Antineoplastic and other hazardous drugs may cause skin rashes, infertility, miscarriage, birth defects, and have been linked to a wide variety of cancers. The national institute for occupational safety and health published an alert on preventing occupational exposures to antineoplastic and other hazardous drugs in health care settings in 2004 with an update in 2010. In this alert, the institute "presents a standard precautions or universal precautions approach to handling hazardous drugs safely: that is, NIOSH recommends that all hazardous drugs be handled as outlined in this Alert." It is the intent of the legislature to require health care facilities to follow rules requiring compliance with all aspects of the institute's alert regardless of the setting in order to protect health care personnel from hazardous exposure to such drugs." [ 2011 c 39 s 1.]
The director of labor and industries shall adopt by rule requirements for the handling of antineoplastic and other hazardous drugs in health care facilities regardless of the setting. Rule making under this section shall consider input from hospitals, organizations representing health care personnel, other stakeholders and shall consider reasonable time for facilities to implement new requirements. The rules will be consistent with and not exceed provisions adopted by the national institute for occupational safety and health's 2004 alert on preventing occupational exposures to antineoplastic and other hazardous drugs in health care settings as updated in 2010. The department's adoption of the rules may incorporate updates and changes to the institute's guidelines as made by the centers for disease control and prevention. Enforcement of these requirements will be according to all provisions in this chapter.
[ 2011 c 39 s 3. ]
NOTES:
Declaration—Intent—2011 c 39: See note following RCW 49.17.460.
(1)(a) The department shall develop or contract for the development of training for entertainers. The training must include, but not be limited to:
(i) Education about the rights and responsibilities of entertainers, including with respect to working as an employee or independent contractor;
(ii) Reporting of workplace injuries, including sexual and physical abuse and sexual harassment;
(iii) The risk of human trafficking;
(iv) Financial aspects of the entertainer profession; and
(v) Resources for assistance.
(b) As a condition of receiving or renewing an adult entertainer license issued by a local government on or after July 1, 2020, an entertainer must provide proof that the entertainer took the training described in (a) of this subsection. The department must make the training reasonably available to allow entertainers sufficient time to take the training in order to receive or renew their licenses on or after July 1, 2020.
(2)(a) An adult entertainment establishment must provide training to its employees other than entertainers to minimize occurrences of unprofessional behavior and enable employees to support entertainers in times of conflict.
(b) An establishment must require all employees other than entertainers to complete the training by the later of: (i) March 1, 2025; or (ii) within 30 days of hiring for recorded content or 120 days of hiring for live courses. Employees must complete the training at least every two years thereafter.
(c) The training content must be developed and provided by a third-party qualified professional with experience and expertise in personnel training. If possible, the training should be designed for use by adult entertainment establishments. When practicable, the training must be translated if necessary for one or more non-English-speaking employees to understand the training.
(d) The training topics must include, but are not limited to:
(i) Preventing sexual harassment, sexual discrimination, and assault in the workplace;
(ii) Information on how to identify and report human trafficking;
(iii) Conflict de-escalation between entertainers, other employees, and patrons; and
(iv) Providing first aid.
(e) An adult entertainment establishment must offer entertainers the ability to opt in to trainings offered under this subsection.
(f) The department may require annual reporting on training required under this subsection in a manner determined by the department.
(3) An adult entertainment establishment must provide an accessible panic button in each room in the establishment in which an entertainer may be alone with a customer, and in bathrooms and dressing rooms. An entertainer may use the panic button if the entertainer has been harmed, reasonably believes there is a risk of harm, or there is another emergency in the entertainer's presence. The entertainer may cease work and leave the immediate area to await the arrival of assistance. The establishment must provide to the department, at least annually, proof of compliance with this subsection and maintenance records showing that panic buttons are maintained and checked to ensure they are in working condition.
(4)(a) An adult entertainment establishment must record the allegations it receives that a customer has committed sex trafficking, prostitution, promotion of prostitution, or an act of violence, including assault, sexual assault, or sexual harassment, towards an entertainer. The establishment must make every effort to obtain the customer's name and if the establishment cannot determine the name, it must record as much identifying information about the customer as is reasonably possible. The establishment must retain a record of the customer's identifying information and written detail about the incident for at least five years after the most recent allegation.
(b) If an allegation involving a customer is supported by a statement made under penalty of perjury or other evidence, the adult entertainment establishment must decline to allow the customer to return to the establishment for at least three years after the date of the incident. The establishment must share the information about the customer with other establishments with common ownership and those establishments with common ownership must also decline to allow the customer to enter those establishments for at least three years after the date of the incident. No entertainer may be required to provide such a statement.
(c) An establishment must have written policies and procedures for implementing the requirements of this subsection, which must include a process for employees and entertainers to record allegations involving a customer under this subsection. Upon the request of the department, an establishment must make written policies and procedures and any records under this subsection available for inspection by the department.
(5) An adult entertainment establishment must provide at least one dedicated security person on the premises during operating hours whose primary duty is security, including monitoring interactions between entertainers and patrons. The department must adopt rules for requiring security persons to not have duties other than security during peak operating hours when necessary, and requiring additional security persons when necessary. The rules must take into account:
(a) The size of the establishment;
(b) The layout and floor plan of the establishment;
(c) The occupancy and patron volume;
(d) Security cameras and panic buttons;
(e) The history of security events at the establishment; and
(f) Other factors identified by the department.
(6) An adult entertainment establishment must:
(a) Provide appropriate cleaning supplies at all stage performance areas;
(b) Equip dressing or locker rooms for entertainers with a keypad requiring a code to enter; and
(c) Display signage at the entrance directing customers to resources on appropriate etiquette.
(7) An adult entertainment establishment must have written processes and procedures accessible to all employees and entertainers for:
(a) Responding to customer violence or criminal activity, including when police are called; and
(b) Ejecting customers who violate club policies, including intoxication or other inappropriate or illegal behavior.
(8)(a) For the purposes of enforcement, except for subsection (1) of this section, this section shall be considered a safety or health standard under this chapter.
(b) If an establishment is eligible for and applies for a license under chapter 66.24 RCW and any applicable rules, the liquor and cannabis board must notify the department. The department must conduct an inspection of the establishment to verify compliance with this section within 90 days of receipt of the notice under this subsection. The department must share information regarding violations of this section with the liquor and cannabis board.
(c) The liquor and cannabis board must notify the department if it observes a violation of subsection (3), (5), or (6) of this section on the premises of any establishment operating with a license under chapter 66.24 RCW.
(9) This section does not affect an employer's responsibility to provide a place of employment free from recognized hazards or to otherwise comply with this chapter and other employment laws.
(10) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Adult entertainment" means any exhibition, performance, or dance of any type conducted within the view of one or more members of the public inside a premises where such exhibition, performance, or dance involves an entertainer, who is unclothed or in such attire, costume, or clothing as to expose to view any portion of the breast below the top of the areola or any portion of the pubic region, anus, vulva, or genitals, with an intent to sexually arouse or excite another person.
(b) "Adult entertainment establishment" or "establishment" means any business to which the public, patrons, or members are invited or admitted where an entertainer provides adult entertainment to a member of the public, a patron, or a member.
(c) "Entertainer" means any person who provides adult entertainment within an adult entertainment establishment, whether or not a fee is charged or accepted for entertainment and whether or not the person is an employee under RCW 49.17.020.
(d) "Panic button" means an emergency contact device by which the entertainer may summon immediate on-scene assistance from another entertainer, a security guard, or a representative of the adult entertainment establishment.
[ 2024 c 250 s 1; 2019 c 304 s 1. ]
NOTES:
Effective date—2024 c 250 ss 1 and 2: "Sections 1 and 2 of this act take effect January 1, 2025." [ 2024 c 250 s 7.]
Rule repeal—2024 c 250: See note following RCW 66.24.720.
(1) The asbestos plan requirements in RCW 70A.450.070(1)(b) are an industrial health or safety standard adopted under the authority of this chapter.
(2) A violation of the requirements of RCW 70A.450.070(1)(b) is subject to the penalties established under RCW 49.17.180 and 49.17.190 for violations of safety or health standards adopted under the authority of this chapter.
[ 2020 c 100 s 4. ]
(1) The requirements of this section apply only during a public health emergency. For the purposes of this section, "public health emergency" means a declaration or order relating to controlling and preventing the spread of any infectious or contagious disease that covers the jurisdiction where the individual or business performs work, and is issued as follows:
(a) The president of the United States has declared a national or regional emergency;
(b) The governor has declared a state of emergency under RCW 43.06.010(12); or
(c) An order has been issued by a local health officer under RCW 70.05.070.
(2) Every employer who does not require employees or contractors to wear a specific type of personal protective equipment must accommodate its employee's or contractor's voluntary use of that specific type of protective device or equipment, including gloves, goggles, face shields, and face masks, as the employee or contractor deems necessary.
(3) The provisions of subsection (2) of this section applies only when:
(a) The voluntary use of these protective devices and equipment does not introduce hazards to the work environment and is consistent with the provisions of this chapter and corresponding rules established by the department as of April 26, 2021;
(b) The use of facial coverings does not interfere with an employer's security requirements; and
(c) The voluntary use of these protective devices and equipment does not conflict with standards for that specific type of equipment established by the department of health or the department.
(4) An employer may verify that voluntary use of personal protective equipment meets all regulatory requirements for workplace health and safety.
(5) An employer may not apply to the director of the department, under RCW 49.17.080, for a temporary order granting a variance from this subsection.
[ 2021 c 146 s 1. ]
NOTES:
Effective date—2021 c 146: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 26, 2021]." [ 2021 c 146 s 2.]
(1) Before the assignment of an employee to a worksite employer, a staffing agency must:
(a) Inquire about the worksite employer's safety and health practices and hazards at the actual workplace where the employee will be working to assess the safety conditions, workers tasks, and the worksite employer's safety program; these activities are required at the start of any contract to place workers and may include visiting the actual worksite. If, during the inquiry or anytime during the period of the contract, the staffing agency becomes aware of existing job hazards that are not mitigated by the worksite employer, the staffing agency must make the host employer aware, urge the host employer to correct it, and document these efforts, otherwise the staffing agency must remove the temporary workers from the worksite;
(b) Provide training to the employee for general awareness safety training for recognized industry hazards the employee may encounter at the worksite. Industry hazard training must be completed, in the preferred language of the employee, and must be provided at no expense to the employee. The training date and training content must be maintained by the staffing agency and provided to the employee upon request;
(c) Transmit a general description of the training program including topics covered to the worksite employer, whether electronically or on paper, at the start of the contract with the worksite employer;
(d) Provide the department's hotline number for the employee to call to report safety hazards and concerns as part of the employment materials provided to the employee; and
(e) Inform the employee who the employee should report safety concerns to at the workplace.
(2) This section does not diminish any existing worksite employer or staffing agency responsibility as an employer to provide a place of employment free from recognized hazards or to otherwise comply with this chapter and other employment laws. Both entities are responsible for compliance with this chapter and the rules enacted pursuant to this chapter.
(3) Before the employee engages in work for the worksite employer, the worksite employer must:
(a) Document and inform the staffing agency about anticipated job hazards likely encountered by the staffing agency employee;
(b) Review the safety and health awareness training provided by the staffing agency to determine if it addresses recognized hazards for the worksite employer's industry;
(c) Provide specific training tailored to the particular hazards at their workplaces; and
(d) Document and maintain records of site-specific training and provide confirmation that the training occurred to the staffing agency within three business days of providing the training.
(4) If the worksite employer changes the job tasks or work location and new hazards may be encountered, the worksite employer must:
(a) Inform both the staffing agency and the employee; and
(b) Inform both the staffing agency and the employee of job hazards not previously covered before the employee undertakes the new tasks and update personal protective equipment and training for the new job tasks, if necessary.
(5) A staffing agency or employee may refuse a new job task at the worksite when the task has not been reviewed or if the employee has not had appropriate training to do the new task.
(6) A worksite employer that supervises an employee of a staffing agency must provide worksite specific training to the employee and must allow a staffing agency to visit any worksite where the staffing agency's employees are or will be working to observe and confirm the worksite employer's training and information related to the worksite's job tasks, safety and health practices, and hazards.
(7) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) A "staffing agency" is an employer as defined in this chapter and North American industry classification system 561320 and means an organization that recruits and hires its own employees and temporarily assigns those employees to perform work or services for another organization, under such other organization's supervision, to: (i) Support or supplement the other organization's workforce; (ii) provide assistance in special work situations including, but not limited to, employee absences, skill shortages, or seasonal workloads; or (iii) perform special assignments or projects.
(b) "Worksite employer" is an employer as defined in this chapter and means an individual, company, corporation, or partnership with which a staffing agency contracts or otherwise agrees to furnish persons for temporary employment in the industries described in sectors 23 and 31 through 33 of the North American industry classification system.
(8) A staffing agency or worksite employer may not retaliate against a staffing agency employee who reports safety concerns.
(9) The department may enact rules to implement this section.
[ 2021 c 37 s 1. ]
(1) A health care employer shall adopt policies that require the use of a smoke evacuation system during any planned surgical procedure that is likely to generate surgical smoke which would otherwise make contact with the eyes or respiratory tract of the occupants of the room.
(2) The health care employer may select any smoke evacuation system that accounts for surgical techniques and procedures vital to patient safety and that takes into account employee safety.
(3) The department shall ensure compliance with this section during any on-site inspection.
(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Energy generating device" means a tool that performs a surgical function using heat, laser, electricity, or other form of energy.
(b) "Health care employer" means a hospital, as defined in RCW 70.41.020, or an ambulatory surgical facility, as defined in RCW 70.230.010.
(c) "Smoke evacuation system" means equipment designed to capture and neutralize surgical smoke at the point of origin, before the smoke makes contact with the eyes or the respiratory tract of occupants in the room. Smoke evacuation systems may be integrated with the energy generating device or separate from the energy generating device.
(d) "Surgical smoke" means the by-product that results from contact with tissue by an energy generating device.
(5) The department may adopt rules as necessary to administer this section.
[ 2022 c 129 s 1. ]
NOTES:
Effective dates—2022 c 129: "This act takes effect January 1, 2024, except that for the following hospitals, this act takes effect January 1, 2025:
(1) Hospitals certified as critical access hospitals under 42 U.S.C. Sec. 1395i-4;
(2) Hospitals with fewer than 25 acute care beds in operation;
(3) Hospitals certified by the centers for medicare and medicaid services as sole community hospitals; and
(4) Hospitals that qualify as a medicare dependent hospital." [ 2022 c 129 s 2.]
Reviser's note: Chapter 129, Laws of 2022 contains two effective dates. Section 2, chapter 129, Laws of 2022 identifies an effective date of January 1, 2024, for the act, and an effective date of January 1, 2025, for the act with respect to certain hospitals as enumerated in that section.
(1) The surgical smoke evacuation account is created in the custody of the state treasurer. Revenues to the account consist of appropriations and transfers by the legislature and all other funding directed for deposit into the account. Only the director of the department of labor and industries or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Expenditures from the account may be used only for purposes provided in subsection (3) of this section.
(2) By July 1, 2025, the director of the department of labor and industries must certify to the state treasurer the amount of any unobligated moneys in the surgical smoke evacuation account that were appropriated by the legislature from the general fund during the 2023-2025 fiscal biennium, and the treasurer must transfer those moneys back to the general fund.
(3)(a) Subject to the funds available in the surgical smoke evacuation account and beginning January 2, 2025, a hospital described in (b) of this subsection may apply to the department of labor and industries for reimbursement for the costs incurred by the hospital on or before January 1, 2025, to purchase and install smoke evacuation systems as defined in RCW 49.17.500. The reimbursement may not exceed $1,000 for each operating room in the hospital. The reimbursements under this subsection are only available until moneys contained in the account are exhausted.
(b) Only the following hospitals may apply for reimbursement:
(i) Hospitals certified as critical access hospitals under 42 U.S.C. Sec. 1395i-4;
(ii) Hospitals with fewer than 25 acute care beds in operation;
(iii) Hospitals certified by the centers for medicare and medicaid services as sole community hospitals; and
(iv) Hospitals that qualify as a medicare dependent hospital.
(c) The department of labor and industries must determine the process for making an application for reimbursement.
[ 2022 c 129 s 3. ]
NOTES:
Effective dates—2022 c 129: See note following RCW 49.17.500.
(1) Any employer with employees who operate, maintain, or construct high voltage lines and equipment or who conduct line-clearance tree trimming in close proximity to high voltage lines and equipment shall:
(a) Make an automated external defibrillator available and accessible to employees when work is being performed on, or in close proximity to, high voltage lines and equipment by two or more employees;
(b) Conduct regular maintenance and annual inspections of the automated external defibrillator to ensure operability and availability; and
(c) Provide training or facilitate the provision of training to ensure there are at least two employees proficient on the proper and safe use of the automated external defibrillator at any site involving work on, or in close proximity to, high voltage lines and equipment. To be considered proficient, an employee must have completed initial or updated training within the previous two years.
(2) For the purposes of this section, "high voltage lines and equipment" refers to any energized communication line, electric supply line, or equipment with a voltage of 601 or greater.
[ 2023 c 253 s 1. ]
NOTES:
Effective date—2023 c 253: "This act takes effect January 1, 2025." [ 2023 c 253 s 2.]
(1) The department may adopt rules related to preventing musculoskeletal injuries and disorders that provide standards for an industry or risk classification, subject to the limits in this section.
(2)(a) Within a 12-month period, the department may not adopt more than one set of rules related to preventing musculoskeletal injuries and disorders for an industry or risk classification that previously did not have rules related to preventing musculoskeletal injuries and disorders. The rules would apply to an establishment engaged in activities as defined by the industry or risk classification.
(b) Subject to subsection (10) of this section, the department may not adopt emergency rules under chapter 34.05 RCW related to preventing musculoskeletal injuries and disorders for an industry or risk classification that previously did not have rules related to preventing musculoskeletal injuries and disorders.
(3)(a) Rules providing standards may only be adopted for industries or risk classifications where compensable workers' compensation claims involved musculoskeletal injuries and disorders at a rate greater than two times the overall state workers' compensation compensable claim rate for musculoskeletal injuries and disorders over a recent five-year period.
(b) When adopting rules by industry subsector at the three-digit level, the department must exclude from regulation North American industry classification system industry group at the four-digit level and industry classification at the five-digit level within the industry subsector that have a musculoskeletal injuries and disorders rate less than two times the overall state workers' compensation compensable claim rate for musculoskeletal injuries and disorders over a recent five-year period.
(c) When adopting rules by industry group at the four-digit level, the department must exclude from regulation North American industry classification system industry classifications at the five-digit level within the industry group that have a musculoskeletal injuries and disorders rate less than two times the overall state workers' compensation compensable claim rate for musculoskeletal injuries and disorders over a recent five-year period.
(d) When adopting rules by risk classification at the four-digit level, the department must exclude six-digit risk classifications within the four-digit risk classification if they have a musculoskeletal injuries and disorders rate less than two times the overall state workers' compensation compensable claim rate for musculoskeletal injuries and disorders over a recent five-year period.
(e) When selecting an industry or risk classification from the list established for potential rule making in RCW 49.17.520(8)(a) [subsection (8)(a) of this section], the department shall consider if the industry is demonstrating a statistical downward trend in the claims rates that is greater than the statewide average.
(4) Within 90 days of the department filing a preproposal statement of inquiry (CR-101) for industry or risk classifications specific rules related to preventing musculoskeletal injuries and disorders, the department must provide a report to the appropriate committees of the legislature. The report must include the criteria the department used to select the industry or rate risk classification that will be subject to the rules and a description of the rule-making procedures under chapter 34.05 RCW which the department will follow for the specific rules.
(5) During rule making, the department must consider including options for an employer to demonstrate alternative control methods where:
(a) The alternative methods are at least as effective as the rule requirements;
(b) Affected employees are trained and monitored for compliance; and
(c) The employer has documented all efforts.
(6) When filing a preproposal statement of inquiry (CR-101) for industry or risk classification specific rules related to preventing musculoskeletal injuries and disorders, the department must include the convening of an advisory committee comprised of equal representatives of employers and workers from the industry or risk classification that will be subject to the rules.
(7) During rule making under this section, the department must solicit input on the effective date to specify in the order of adoption under RCW 34.05.380. The effective date may not be less than 120 days after adoption and no rule may be effective prior to July 1, 2026.
(8) Annually by November, the department must:
(a) Publish a list of industries and risk classifications eligible for rule making under this section. The list must identify low priority industries and risk classifications for whom the statistical trend suggests the industry or risk classification will have a rate lower than two times the state average in the next three years. The list must include compensable claims over the five calendar year period that ended two calendar years before the report is published; and
(b) Conduct a review of the compensable workers' compensation claims data identified in (a) of this subsection to ensure that the data only reflects injuries or disorders consistent with work-related musculoskeletal injuries or disorders as defined by chapter 112, Laws of 2023, and publish the results of that review.
(c) Each year the department shall identify a list of industries or risk classes most likely to be selected for future rule making and prioritize efforts to provide technical assistance to those employers.
(9) For employee home offices, the director does not have the authority to adopt any new or amended rules dealing with musculoskeletal injuries and disorders, or that deal with the same or similar activities as the rules which were repealed in former RCW 49.17.370 for employee home offices, until and to the extent comparable rules applying to employee home offices are required by congress or the federal occupational safety and health administration.
(10) Limits on rule making in this section do not apply to rules adopted or amended where required by the federal occupational safety and health administration.
(11) For the purposes of this section, "industry" means any classification in the North American industry classification system that defines an industry subsector at the three-digit level, industry group at the four-digit level, and industry at the five-digit level.
(12) The department must provide up to three additional ergonomists to provide consultation to employers in the industries and risk classifications in the list published under subsection (8)(a) of this section. Funding for the additional ergonomists must be paid from the accident and medical aid funds.
[ 2023 c 112 s 4. ]
NOTES:
Findings—Intent—2023 c 112: "(1) The legislature finds that the absence of the department of labor and industries' authority to regulate working practices to prevent musculoskeletal injuries and disorders has contributed to excess and avoidable claims and costs across the workers' compensation system for all employers in Washington, including those employers who maintain safer workplaces without high incidents of musculoskeletal injuries and disorders.
(2) The legislature finds that work-related musculoskeletal injuries and disorders account for at least one-third of all workers' compensation claims that result in time loss and wage replacement; are more severe than the average nonfatal injury or illness; and are a common cause of long-term disability in Washington state.
(3) The legislature finds that many of Washington state's critical industries, including health care, are described by the federal bureau of labor statistics as high-risk industries for musculoskeletal injuries. These are also industries that are currently experiencing significant staffing shortages. Further, these injuries lead to high employer costs including absenteeism, decreased productivity, and increased costs for health care, disability, and workers' compensation, among other costs.
(4) The legislature therefore intends to repeal the prohibition on regulating working practices related to musculoskeletal injuries and disorders, thereby allowing targeted safety efforts to more effectively and efficiently prevent these workplace injuries. By removing this barrier, the legislature will restore the state's ability to more strategically address important workplace safety issues and reduce costs for all employers and workers." [ 2023 c 112 s 1.]
(1) The director is authorized, in the director's discretion, to provide funding to employers to purchase additional equipment that may be needed to comply with a rule adopted under RCW 49.17.520. The maximum amount of funding each year is two percent of the premiums paid into the accident fund in the prior year from employers subject to a rule adopted under RCW 49.17.520.
(2) Only employers who pay premiums to the state fund as defined in RCW 51.08.175 and are subject to a rule adopted under RCW 49.17.520 are eligible for funding under this section.
(3) An appropriation is not required for these expenditures.
(4) The department may adopt rules to implement this section.
[ 2023 c 112 s 5. ]
NOTES:
Findings—Intent—2023 c 112: See note following RCW 49.17.520.
(1) The director shall adopt rules, pursuant to this section, to address safety and health issues specific to workers performing construction activities who menstruate or express milk, or both. The rules must be included in the rules governing construction safety standards and must be applicable only to employers in the construction industry.
(2) The rules adopted pursuant to this section must require employers in the construction industry to provide workers, performing construction activities and who menstruate, with:
(a) A minimum size bathroom, accessible on the worksite, that is equivalent to a standard sized portable chemical toilet, or access to a permanent structure with a bathroom. The bathroom must have an internal latch to be secured from inadvertent entry;
(b) Adequate time to accommodate for multiple layers of clothing while using the bathroom; and
(c) An adequate and convenient supply of menstrual hygiene products available at no cost to the workers. Menstrual hygiene products must either be located in all gender-neutral bathrooms and bathrooms designated for workers who menstruate, or provided in kits for each worker who needs such product.
(3) The rules adopted pursuant to this section must require employers in the construction industry to provide reasonable accommodations for workers performing construction activities to express milk. The department must identify minimum reasonable accommodations that include alternatives for worksites of varying numbers of employees. Reasonable accommodations means providing:
(a) Flexible work scheduling, including scheduling breaks and permitting work patterns that provide time for the expression of milk;
(b) A location, other than a bathroom, that is convenient and sanitary for the worker to express milk. The location must be private and lockable, if possible, and free from intrusion;
(c) Convenient hygienic refrigeration on the worksite for the storage of milk; and
(d) A convenient water source for the worker to clean and wash hands and milk expression equipment. The water source must be in a private location near the location where milk is expressed.
(4) On multiemployer worksites, each employer is responsible for ensuring that facilities for their own workers are provided.
(5)(a) Until thirty days after the date the department's adopted rule is filed with the code reviser, or July 1, 2025, whichever date is later, the department may not impose any monetary penalties for violations of this section. This subsection does not prohibit the department from receiving complaints, conducting inspections, issuing citations with no assessed penalty, and fixing reasonable time for abatement of the violation.
(b) When the department's final rules under this section are published by the code reviser in the [Washington] State Register, the department, in partnership with relevant labor organizations and the office of minority and women's business enterprises, shall conduct educational outreach to construction employers on the rights and responsibilities established in this section.
[ 2024 c 258 s 2. ]
NOTES:
Intent—2024 c 258: "In addition to the primary safety and health hazards faced by all construction workers, there are safety and health issues specific to construction workers who menstruate and/or express milk. As an ongoing effort to address labor shortages in the construction industry, as well as to continue recruiting and retaining underrepresented workers in the construction trades, the legislature intends to address some of the basic barriers faced by these construction workers." [ 2024 c 258 s 1.]
The department shall make a good faith effort to notify an employer within 10 calendar days when the department immediately identifies a hazard that could cause injury to a minor worker during an inspection conducted under this chapter. Such notice does not eliminate or modify any other right, responsibility, or authority provided in this chapter.
[ 2025 c 173 s 5. ]
NOTES:
Effective date—2025 c 173: See note following RCW 49.30.060.
This act shall be known and cited as the Washington Industrial Safety and Health Act of 1973.
[ 1973 c 80 s 29. ]
The legislature finds that:
(1) Violence is an escalating problem in many health care settings in this state and across the nation;
(2) Based on an analysis of workers' compensation claims, the department of labor and industries reports that health care employees face the highest rate of workplace violence in Washington state;
(3) The actual incidence of workplace violence in health care settings is likely to be greater than documented because of failure to report or failure to maintain records of incidents that are reported;
(4) Patients, visitors, and health care employees should be assured a reasonably safe and secure environment in health care settings; and
(5) Many health care settings have undertaken efforts to assure that patients, visitors, and employees are safe from violence, but additional personnel training and appropriate safeguards may be needed to prevent workplace violence and minimize the risk and dangers affecting people in health care settings.
[ 1999 c 377 s 1. ]
For purposes of this chapter:
(1) "Health care setting" means:
(a) Hospitals as defined in RCW 70.41.020;
(b) Home health, hospice, and home care agencies under chapter 70.127 RCW, subject to RCW 49.19.070;
(c) Evaluation and treatment facilities as defined in RCW 71.05.020;
(d) Behavioral health programs as defined in RCW 71.24.025; and
(e) Ambulatory surgical facilities as defined in RCW 70.230.010.
(2) "Department" means the department of labor and industries.
(3) "Employee" means an employee as defined in RCW 49.17.020.
(4) "Workplace violence," "violence," or "violent act" means any physical assault or verbal threat of physical assault against an employee of a health care setting on the property of the health care setting. "Workplace violence," "violence," or "violent act" includes any physical assault or verbal threat of physical assault involving the use of a weapon, including a firearm as defined in RCW 9.41.010, or a common object used as a weapon, regardless of whether the use of a weapon resulted in an injury.
[ 2019 c 430 s 1. Prior: 2007 c 414 s 3; 2007 c 375 s 10; 2000 c 94 s 18; 1999 c 377 s 2. ]
NOTES:
Effective date—2019 c 430: "This act takes effect January 1, 2020." [ 2019 c 430 s 5.]
Findings—Purpose—Construction—Severability—2007 c 375: See notes following RCW 10.31.110.
(1)(a) Each health care setting shall develop and implement a workplace violence prevention plan for the purposes of preventing violence and protecting employees from violence in the setting.
(b) In a health care setting with a safety committee established pursuant to RCW 49.17.050 and related rules, or workplace violence committee that is comprised of employee-elected and employer-selected members where the number of employee-elected members equal or exceed the number of employer-selected members, the committee shall develop, implement, and monitor progress on the workplace violence prevention plan.
(2) The workplace violence prevention plan must outline strategies aimed at addressing security considerations and factors that may contribute to or prevent the risk of violence, including but not limited to the following:
(a) The physical attributes of the health care setting, including security systems, alarms, emergency response, and security personnel available;
(b) Staffing, including staffing patterns, patient classifications, and procedures to mitigate employees time spent alone working in areas at high risk for workplace violence;
(c) Job design, equipment, and facilities;
(d) First aid and emergency procedures;
(e) The reporting of violent acts;
(f) Employee education and training requirements and implementation strategy;
(g) Security risks associated with specific units, areas of the facility with uncontrolled access, late night or early morning shifts, and employee security in areas surrounding the facility such as employee parking areas; and
(h) Processes and expected interventions to provide assistance to an employee directly affected by a violent act.
(3) In developing and updating the workplace violence prevention plan, the health care setting shall consider:
(a) Any guidelines on violence in the workplace or in health care settings issued by the department of health, the department of social and health services, the department of labor and industries, the federal occupational safety and health administration, medicare, and health care setting accrediting organizations; and
(b) The findings and recommendations in the summaries required by RCW 49.19.080.
(4) The health care setting or, if applicable, the committee under subsection (1) of this section must conduct a comprehensive review and update of the workplace violence prevention plan at least once per calendar year.
[ 2025 c 303 s 1; 2019 c 430 s 2; 1999 c 377 s 3. ]
NOTES:
Effective date—2025 c 303: See note following RCW 49.19.080.
Effective date—2019 c 430: See note following RCW 49.19.010.
(1) By July 1, 2020, and on a regular basis thereafter, as set forth in the plan developed under RCW 49.19.020, each health care setting shall provide violence prevention training to all applicable employees, volunteers, and contracted security personnel, as determined by the plan.
(2) The training shall occur within ninety days of the employee's initial hiring date unless he or she is a temporary employee.
(3) The method and frequency of training may vary according to the information and strategies identified in the plan developed under RCW 49.19.020. Trainings may include, but are not limited to, classes that provide an opportunity for interactive questions and answers, hands-on training, video training, brochures, verbal training, or other verbal or written training that is determined to be appropriate under the plan. Trainings must address the following topics, as appropriate to the particular setting and to the duties and responsibilities of the particular employee being trained, based upon the hazards identified in the plan required under RCW 49.19.020:
(a) The health care setting's workplace violence prevention plan;
(b) General safety procedures;
(c) Violence predicting behaviors and factors;
(d) The violence escalation cycle;
(e) De-escalation techniques to minimize violent behavior;
(f) Strategies to prevent physical harm with hands-on practice or role play;
(g) Response team processes;
(h) Proper application and use of restraints, both physical and chemical restraints;
(i) Documentation and reporting incidents;
(j) The debrief process for affected employees following violent acts; and
(k) Resources available to employees for coping with the effects of violence.
[ 2019 c 430 s 3; 1999 c 377 s 4. ]
NOTES:
Effective date—2019 c 430: See note following RCW 49.19.010.
Each health care setting shall keep a record of any violent act against an employee, a patient, or a visitor occurring at the setting. Each record shall be kept for at least five years following the act reported, during which time it shall be available for inspection by the department upon request. At a minimum, the record shall include:
(1) The health care setting's name and address;
(2) The date, time, and specific location at the health care setting where the act occurred;
(3) The name, job title, department or ward assignment, and staff identification or social security number of the victim if an employee;
(4) A description of the person against whom the act was committed as:
(a) A patient;
(b) A visitor;
(c) An employee; or
(d) Other;
(5) A description of the person committing the act as:
(a) A patient;
(b) A visitor;
(c) An employee; or
(d) Other;
(6) A description of the type of violent act as a:
(a) Threat of assault with no physical contact;
(b) Physical assault with contact but no physical injury;
(c) Physical assault with mild soreness, surface abrasions, scratches, or small bruises;
(d) Physical assault with major soreness, cuts, or large bruises;
(e) Physical assault with severe lacerations, a bone fracture, or a head injury; or
(f) Physical assault with loss of limb or death;
(7) An identification of any body part injured;
(8) A description of any weapon used;
(9) The number of employees in the vicinity of the act when it occurred; and
(10) A description of actions taken by employees and the health care setting in response to the act.
[ 2019 c 430 s 4; 1999 c 377 s 5. ]
NOTES:
Effective date—2019 c 430: See note following RCW 49.19.010.
Failure of a health care setting to comply with this chapter shall subject the setting to citation under chapter 49.17 RCW.
[ 1999 c 377 s 6. ]
A health care setting needing assistance to comply with this chapter may contact the federal department of labor or the state department of labor and industries for assistance. The state departments of labor and industries, social and health services, and health shall collaborate with representatives of health care settings to develop technical assistance and training seminars on plan development and implementation, and shall coordinate their assistance to health care settings.
[ 1999 c 377 s 7. ]
It is the intent of the legislature that any violence protection and prevention plan developed under this chapter be appropriate to the setting in which it is to be implemented. To that end, the legislature recognizes that not all professional health care is provided in a facility or other formal setting, such as a hospital. Many services are provided by home health, hospice, and home care agencies. The legislature finds that it is inappropriate and impractical for these agencies to address workplace violence in the same manner as other, facility-based, health care settings. When enforcing this chapter as to home health, hospice, and home care agencies, the department shall allow agencies sufficient flexibility in recognition of the unique circumstances in which these agencies deliver services.
[ 1999 c 377 s 8. ]
(1) Every health care setting must conduct a timely investigation of every workplace violence incident.
(2) In each investigation required by this section, the health care setting must review the incident for purposes of identifying factors contributing to or causing workplace violence, including but not limited to an assessment of:
(a) The details of the incident, such as the date, time, location, and nature of the conduct and harm;
(b) The details of any response and related remediation to prevent future incidents; and
(c) If applicable, a comparison of the actual staffing levels to the planned staffing levels at the time of [the] incident.
(3)(a) The health care setting must submit to the committee identified under RCW 49.19.020(1)(b) a summary of the following:
(i) The data required by RCW 49.19.040 and the findings of investigations required by this section during the relevant time period, with any personal information deidentified in compliance with the federal and state law;
(ii) An analysis of any systemic and common causes of the workplace violence incidents; and
(iii) Any relevant recommendations for modifying the plan under RCW 49.19.020 and other practices in order to prevent future incidents of workplace violence.
(b)(i) The summary must be submitted at least twice per year for any of the following health care settings:
(A) A critical access hospital under 42 U.S.C. Sec. 1395i-4;
(B) A hospital with fewer than 25 acute care beds in operation;
(C) A hospital certified by the centers for medicare and medicaid services as a sole community hospital that is not owned or operated by a health system that owns or operates more than one acute hospital licensed under chapter 70.41 RCW; or
(D) A hospital located on an island operating within a public hospital district in Skagit county.
(ii) The summary must be submitted at least quarterly for all other health care settings.
(4) This section does not affect or supersede any other state or federal law that prohibits or limits the disclosure of personally identifiable information.
[ 2025 c 303 s 2. ]
NOTES:
Effective date—2025 c 303: "This act takes effect January 1, 2026." [ 2025 c 303 s 3.]
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Department" means the department of labor and industries.
(2) "Late night retail establishment" means any business or commercial establishment making sales to the public between the hours of eleven o'clock p.m. and six o'clock a.m., except restaurants, hotels, taverns, or any lodging facility.
(3) "Employer" means the operator, lessee, or franchisee of a late night retail establishment.
[ 1989 c 357 s 1. ]
In addition to providing crime prevention training as provided in *section 2 of this act, all employers operating late night retail establishments shall:
(1) Post a conspicuous sign in the window or door which states that there is a safe on the premises and it is not accessible to the employees on the premises and that the cash register contains only the minimal amount of cash needed to conduct business: PROVIDED, That an employer shall not be subject to penalties under RCW 49.22.030 for having moneys in the cash register in excess of the minimal amount needed to conduct business;
(2) So arrange all material posted in the window or door so as to provide a clear and unobstructed view of the cash register, provided the cash register is otherwise in a position visible from the street;
(3) Have a drop-safe, limited access safe, or comparable device on the premises; and
(4) Operate the outside lights for that portion of the parking area that is necessary to accommodate customers during all night hours the late night retail establishment is open, if the late night retail establishment has a parking area for its customers.
[ 1989 c 357 s 3. ]
NOTES:
*Reviser's note: "Section 2 of this act" was vetoed by the governor.
The requirements of this chapter shall be implemented and enforced, including rules, citations, violations, penalties, appeals, and other administrative procedures by the director of the department of labor and industries pursuant to the Washington industrial safety and health act of 1973, chapter 49.17 RCW.
[ 1989 c 357 s 4. ]
This act shall take effect January 1, 1990. The director of the department of labor and industries may immediately take such steps as are necessary to ensure that this act is implemented on its effective date.
[ 1989 c 357 s 7. ]
The term "pressure" means gauge air pressure in pounds per square inch.
[ 1937 c 131 s 1; RRS s 7666-1. ]
Every employer of persons for work in compressed air shall:
(1) Connect at least two air pipes with the working chamber and keep such pipes in perfect working condition;
(2) Attach to the working chamber in accessible positions all instruments necessary to show its pressure and keep such instruments in charge of competent persons, with a period of duty for each such person not exceeding six hours in any twenty-four;
(3) Place in each shaft a safe ladder extending its entire length;
(4) Light properly and keep clear such passageway;
(5) Provide independent lighting systems for the working chamber and shaft leading to it, when electricity is used for lighting;
(6) Guard lights other than electric lights;
(7) Protect workers by a shield erected in the working chamber when such chamber is less than ten feet long and is suspended with more than nine feet space between its deck and the bottom of the excavation;
(8) Provide for and keep accessible to employees working in compressed air a dressing room heated, lighted and ventilated properly and supplied with benches, lockers, sanitary waterclosets, bathing facilities, and hot and cold water;
(9) Establish and maintain a medical lock properly heated, lighted, ventilated, and supplied with medicines and surgical implements, when the maximum air pressure exceeds seventeen pounds.
[ 2010 c 8 s 12021; 1937 c 131 s 2; RRS s 7666-2. ]
Every employer of persons for work in compressed air shall:
(1) Keep at the place of work at all necessary times a duly qualified medical officer to care for cases of illness and to administer strictly and enforce RCW 49.24.020 and 49.24.040;
(2) Keep at a medical lock required by RCW 49.24.020(9) a certified nurse selected by the medical officer required by subdivision (1) of this section and qualified to give temporary relief in cases of illness.
[ 1937 c 131 s 3; RRS s 7666-3. ]
If an employee is a new employee, an absentee for ten or more successive days, an employee who has worked in compressed air continuously for three months or a beginner in compressed air who has worked but a single shift as required by *RCW 49.24.050, the officer required by RCW 49.24.030(1) shall examine him or her and declare him or her physically fit to work in compressed air before permitting him or her to enter or reenter the working chamber. Excessive users of intoxicants shall not be permitted to work in compressed air.
[ 2010 c 8 s 12022; 1937 c 131 s 4; RRS s 7666-4. ]
NOTES:
*Reviser's note: RCW 49.24.050 was repealed by 1963 c 105 s 1.
Violation of or noncompliance with any provision of *this article by any employer, manager, superintendent, foreman or other person having direction or control of such work shall be a gross misdemeanor punishable by a fine of not less than two hundred and fifty dollars or by imprisonment for up to three hundred sixty-four days or by both such fine and imprisonment.
[ 2011 c 96 s 41; 1937 c 131 s 7; RRS s 7666-7. ]
NOTES:
*Reviser's note: "this article" appears in 1937 c 131, an eight section act that was not subdivided by "article" organization. The act is codified as RCW 49.24.010 through 49.24.070.
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
The director of labor and industries shall have the power and it shall be the director's duty to enforce the provisions of RCW 49.24.010 through 49.24.070. Any authorized inspector or agent of the department may issue and serve upon the employer or person in charge of such work, an order requiring compliance with a special provision or specific provisions of RCW 49.24.010 through 49.24.070 and directing the discontinuance of any employment of persons in compressed air in connection with such work until such specific provision or provisions have been complied with by such employer to the satisfaction of the department.
[ 1994 c 164 s 23; 1973 1st ex.s. c 52 s 7; 1937 c 131 s 8; RRS s 7666-8. ]
NOTES:
Effective date—1973 1st ex.s. c 52: See note following RCW 43.22.010.
Every person, firm or corporation constructing, building or operating a tunnel, quarry, caisson or subway, excepting in connection with mines, with or without compressed air, shall in the employment of any labor comply with the following safety provisions:
(1) A safety miner shall be selected by the crew on each shift who shall check the conditions necessary to make the working place safe; such as loose rock, faulty timbers, poor rails, lights, ladders, scaffolds, fan pipes and firing lines.
(2) Ventilating fans shall be installed from twenty-five to one hundred feet outside the portal.
(3) No employee shall be allowed to "bar down" without the assistance of another employee.
(4) No employee shall be permitted to return to the heading until at least thirty minutes after blasting.
(5) Whenever persons are employed in wet places, the employer shall furnish such persons with rubbers, boots, coats and hats. All boots if worn previously by an employee shall be sterilized before being furnished to another: PROVIDED, That RCW 49.24.080 through 49.24.380 shall not apply to the operation of a railroad except that new construction of tunnels, caissons or subways in connection therewith shall be subject to the provisions of RCW 49.24.080 through 49.24.380: PROVIDED, FURTHER, That in the event of repair work being done in a railroad tunnel, no person shall be compelled to perform labor until the air has been cleared of smoke, gas and fumes.
[ 1973 1st ex.s. c 154 s 89; 1965 c 144 s 1; 1941 c 194 s 1; Rem. Supp. 1941 s 7666-9. ]
NOTES:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
(1) All lighting in compressed air chambers shall be by electricity only. Wherever practicable there shall be two independent lighting systems with independent sources of supply.
(2) The exterior of all lamp sockets shall be entirely nonmetallic.
(3) All portable incandescent lamps used shall be guarded by a wire cage large enough to enclose both lamp and socket.
(4) All incandescent lamps shall be so placed that they cannot come in contact with any combustible material.
(5) Only heavy insulated or armored wire shall be used for light or power.
[ 1941 c 194 s 3; Rem. Supp. 1941 s 7666-11. ]
Exhaust valves shall be provided, having risers extending to the upper part of chamber, if necessary, and shall be operated at such times as may be required and especially after a blast, and persons shall not be required to resume work after a blast until the gas and smoke have cleared, for at least thirty minutes.
[ 1973 1st ex.s. c 154 s 90; 1941 c 194 s 4; Rem. Supp. 1941 s 7666-12. ]
NOTES:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
All reasonable precaution shall be taken against fire, and provisions shall be made so that water lines shall be available for use at all times. Fire hose connections with hose connected shall be installed in all power plants and work houses. There shall be fire hose connections within reasonable distance of all caissons. Fire hose shall be connected at either side of a tunnel bulkhead, with at least fifty feet of hose with nozzle connection. Water lines shall extend into each tunnel with hose connections every two hundred feet and shall be kept ready for use at all times.
[ 1941 c 194 s 5; Rem. Supp. 1941 s 7666-13. ]
(1) Whenever the air pressure in a tunnel heading exceeds twenty-one pounds per square inch above atmospheric pressure, two air chambers shall always be in use, except for such time as may be necessary when headings are being started from shafts; and whenever practicable the pressure in the outer chamber shall not exceed one-half the pressure in the heading;
(2) In all tunnels sixteen feet in diameter or over, hanging walks shall be provided from working face to nearest lock. An overhead clearance of six feet shall be maintained and suitable ramps provided under all safety screens.
[ 1941 c 194 s 6; Rem. Supp. 1941 s 7666-14. ]
(1) Each bulkhead in tunnels of twelve feet or more in diameter or equivalent area, shall have at least two locks in perfect working condition, one of which shall be used as an air lock. An additional lock for use in case of emergency shall be held in reserve.
(2) The air lock shall be large enough so that those using it are not compelled to be in a cramped position, and shall not be less than five feet in height. Emergency locks shall be large enough to hold an entire heading shift.
(3) All locks used for decompression shall be lighted by electricity and shall contain a pressure gauge, a time piece, a glass "bull's eye" in each door or in each end, and shall also have facilities for heating.
(4) Valves shall be so arranged that the locks can be operated both from within and from without.
[ 2009 c 549 s 1013; 1941 c 194 s 7; Rem. Supp. 1941 s 7666-15. ]
When locking explosives and detonators into the air chamber, they shall be kept at opposite ends of the lock. While explosives and detonators are being taken through, no persons other than the lock tender and the carriers shall be permitted in the lock.
[ 2009 c 549 s 1014; 1941 c 194 s 8; Rem. Supp. 1941 s 7666-16. ]
(1) A good and sufficient air plant for the compression of air shall be provided to meet not only ordinary conditions, but emergencies, and to provide margin for repairs at all times. Provision must be made for storing in tanks at each boiler house enough feed water for twelve hours' supply unless connection can be made with two independent and separately sufficient sources of supply.
(2) The plant shall be capable of furnishing to each working chamber a sufficient air supply for all pressure to enable work to be done.
[ 1941 c 194 s 9; Rem. Supp. 1941 s 7666-17. ]
When electric power is used for running compressors supplying air for compressed air tunnel work and such power is purchased from a local central station or power company—
(1) There shall be two or more sources of power from the power company's stations to the compressor plant. Such power feeders shall each have a capacity large enough to carry the entire compressor plant load and normal overload. The feeders shall preferably run from separate generating plants or substations and be carried to the compressor plant over separate routes and not through the same duct lines and manholes so that the breakdown of one feeder shall not cause an interruption on the other feeder.
(2) There shall be duplicate feeder bus-bars, and feeder connections to the bus-bars shall be such that either feeder can feed to each separate bus-bar set, individually, or simultaneously to both sets.
(3) There shall be at least two compressors so connected to the bus-bars that they can be operated from either set of buses. The compressors shall be fed from different bus-bar sets, in such a way that a breakdown of a feeder or bus-bar would interrupt the operation of only part of the compressor plant.
(4) Duplicate air feed pipes shall be provided from the compressor plant to a point beyond the lock.
[ 1941 c 194 s 10; Rem. Supp. 1941 s 7666-18. ]
While work is in progress, the employer shall employ a competent person who shall make a regular inspection at least once every working day of all engines, boilers, steam pipes, drills, air pipes, air gauges, air locks, dynamos, electric wiring, signaling apparatus, brakes, cages, buckets, hoists, cables, ropes, timbers, supports, and all other apparatus and appliances; and he or she shall immediately upon discovery of any defect, report same in writing to the employer, or his or her agent in charge.
[ 2010 c 8 s 12023; 1941 c 194 s 11; Rem. Supp. 1941 s 7666-19. ]
No employee shall ride on any loaded car, cage, or bucket, nor walk up or down any incline or shaft while any car, cage, or bucket is above him or her.
[ 2010 c 8 s 12024; 1941 c 194 s 12; Rem. Supp. 1941 s 7666-20. ]
No vehicle shall be operated underground at a speed greater than five miles an hour, while construction work is going on.
[ 1941 c 194 s 13; Rem. Supp. 1941 s 7666-21. ]
Oil for illumination or power shall not be taken into the underground workings of any tunnel or kept therein in greater quantities than one day's supply.
[ 1941 c 194 s 14; Rem. Supp. 1941 s 7666-22. ]
(1) No greater quantity of explosives than that which is required for immediate use shall be taken into the working chamber.
(2) Explosives shall be conveyed in a suitable covered wooden box.
(3) Detonators shall be conveyed in a separate covered wooden box.
(4) Explosives and detonators shall be taken separately into the caissons.
(5) After blasting is completed, all explosives and detonators shall be returned at once to the magazine.
(6) No naked light shall be used in the vicinity of open chests or magazines containing explosives, nor near where a charge is being primed.
(7) No tools or other articles shall be carried with the explosives or with the detonators.
(8) All power lines and electric light wires shall be disconnected at a point outside the blasting switch before the loading of holes. No current by grounding of power or bonded rails shall be allowed beyond blasting switch after explosives are taken in preparatory to blasting, and under no circumstances shall grounded current be used for exploding blasts.
(9) Before drilling is commenced on any shift, all remaining holes shall be examined with a wooden stick for unexploded charges or cartridges, and if any are found, same shall be refired before work proceeds.
(10) No person shall be allowed to deepen holes that have previously contained explosives.
(11) All wires in broken rock shall be carefully traced and search made for unexploded cartridges.
(12) Whenever blasting is being done in a tunnel, at points liable to break through to where other persons are at work, the person in charge shall, before any holes are loaded, give warning of danger to all persons that may be working where the blasts may break through, and he or she shall not allow any holes to be charged until warning is acknowledged and persons are removed.
(13) Blasters when testing circuit through charged holes shall use sufficient leading wires to be at a safe distance and shall use only approved types of galvanometers. No tests of circuits in charged holes shall be made until persons are removed to safe distance.
(14) No blasts shall be fired with fuse, except electrically ignited fuse, in vertical or steep shafts.
(15) In shaft sinking where the electric current is used for firing, a separate switch not controlling any electric lights must be used for blasting and proper safeguard similar to those in tunnels must be followed in order to insure against premature firing.
[ 2009 c 549 s 1015; 1941 c 194 s 15; Rem. Supp. 1941 s 7666-23. ]
NOTES:
Explosives: Chapter 70.74 RCW.
When firing by electricity from power or lighting wires, a proper switch shall be furnished with lever down when "off".
The switch shall be fixed in a locked box to which no person shall have access except the blaster. There shall be provided flexible leads or connecting wires not less than five feet in length with one end attached to the incoming lines and the other end provided with plugs that can be connected to an effective ground. After blasting, the switch lever shall be pulled out, the wires disconnected and the box locked before any person shall be allowed to return, and shall remain so locked until again ready to blast.
In the working chamber all electric light wires shall be provided with a disconnecting switch, which must be thrown to disconnect all current from the wires in the working chamber before electric light wires are removed or the charge exploded.
Before blasting, the blaster shall cause a sufficient warning to be sounded and shall compel all persons to retreat to a safe shelter, before he or she sets off the blast, and shall permit no one to return until conditions are safe.
[ 2010 c 8 s 12025; 1941 c 194 s 16; Rem. Supp. 1941 s 7666-24. ]
(1) After a blast is fired, loosened pieces of rock shall be scaled from the sides of the excavation and after the blasting is completed, the entire working chamber shall be thoroughly scaled.
(2) The person in charge shall inspect the working chamber and have all loose rock or ground removed and the chamber made safe before proceeding with the work.
(3) Drilling must not be started until all remaining butts of old holes are examined for unexploded charges.
[ 1941 c 194 s 17; Rem. Supp. 1941 s 7666-25. ]
Any code of signals used shall be printed and copies thereof, in such languages as may be necessary to be understood by all persons affected thereby, shall be kept posted in a conspicuous place near entrances to workplaces and in such other places as may be necessary to bring them to the attention of all persons affected thereby.
Effective and reliable signaling devices shall be maintained at all times to give instant communication between the bottom and top of the shaft.
[ 1941 c 194 s 18; Rem. Supp. 1941 s 7666-26. ]
All shafting used in pneumatic caissons shall be provided with ladders, which are to be kept clear and in good condition at all times. The distance between the centers of the rungs of a ladder shall not exceed fourteen inches and shall not vary more than one inch in any one piece of shafting. The length of the ladder rungs shall not be less than nine inches. The rungs of the ladder shall in no case be less than three inches from the wall or other obstruction in the shafting or opening in which the ladder shall be used. Under no circumstances shall a ladder inclining backward from the vertical be installed. A suitable ladder shall be provided from the top of all locks to the surface.
All man shafts shall be lighted at a distance of every ten feet with a guarded incandescent lamp.
All outside caisson air locks shall be provided with a platform not less than forty-two inches wide, and provided with a guardrail forty-two inches high.
All caissons in which fifteen or more men are employed shall have two locks, one of which shall be used as a man lock. Man locks and man shafts shall be in charge of a man whose duty it shall be to operate said lock and shaft. All caissons more than ten feet in diameter shall be provided with a separate man shaft, which shall be kept clear and in operating order at all times.
Locks shall be so located that the distance between the bottom door and water level shall be not less than three feet.
[ 1941 c 194 s 19; Rem. Supp. 1941 s 7666-27. ]
Wherever, in the prosecution of caisson work in which compressed air is employed, the working chamber is less than twelve feet in length, and when such caissons are at any time suspended or hung while work is in progress, so that the bottom of the excavation is more than nine feet below the deck of the working chamber, a shield shall be erected therein for the protection of the workers.
[ 1989 c 12 s 15; 1941 c 194 s 20; Rem. Supp. 1941 s 7666-28. ]
All caissons shall be properly and adequately braced before loading with concrete or other weight.
[ 1941 c 194 s 21; Rem. Supp. 1941 s 7666-29. ]
In all shafts where men are hoisted or lowered, an iron-bonneted cage shall be used for the conveyance of men, but this provision shall not apply to shafts in the process of sinking or during the dismantling of the shaft after work in the tunnel is substantially completed.
Cages shall be provided with bonnets consisting of two steel plates not less than three-sixteenths of an inch in thickness, sloping toward each side and so arranged that they may be readily pushed upward to afford egress to persons therein, and such bonnet shall cover the top of the cage in such manner as to protect persons in the cage from falling objects.
Cages shall be entirely enclosed on two sides with solid partition or wire mesh not less than No. 8 U.S. Standard gauge, no opening in which shall exceed two inches.
Cages shall be provided with hanging chains or other similar devices for hand holds.
Every cage shall be provided with an approved safety catch of sufficient strength to hold the cage with its maximum load at any point in the shaft.
All parts of the hoisting apparatus, cables, brakes, guides and fastenings shall be of the most substantial design and shall be arranged for convenient inspection. The efficiency of all safety devices shall be established by satisfactory tests before the cages are put into service and at least once every three months thereafter and a record thereof kept.
The test of the safety catch shall consist of releasing the cage suddenly in such manner that the safety catches shall have opportunity to grip the guides.
[ 1941 c 194 s 22; Rem. Supp. 1941 s 7666-30. ]
In all vertical shafts in which hoisting is done by means of a bucket, suitable guides shall be provided when the depth exceeds ten times the diameter or width of the shaft, but in no case shall the maximum depth without guides exceed one hundred and fifty feet. In connection with the bucket, there shall be a crosshead traveling between these guides. The height of the crosshead shall be at least two-thirds of its width, but the height in no case shall be less than thirty inches.
[ 1941 c 194 s 23; Rem. Supp. 1941 s 7666-31. ]
Where tunnels are driven from shafts more than two hundred and fifty feet deep, a telephone system shall be established and maintained, communicating with the surface at each such shaft, and with a station or stations readily and quickly accessible to the men at the working level.
[ 1941 c 194 s 24; Rem. Supp. 1941 s 7666-32. ]
(1) While work is in progress, tunnels, stairways, ladderways and all places on the surface where work is being conducted, shall be properly lighted. In shafts more than one hundred feet deep, the shaft below that point shall be lighted.
(2) All places where hoisting, pumping or other machinery is erected and in the proximity of which persons are working or moving about, shall be so lighted when the machine is in operation that the moving parts of such machine can be clearly distinguished.
[ 1941 c 194 s 25; Rem. Supp. 1941 s 7666-33. ]
The frames and bed plates of generators, transformers, compensators, rheostats and motors installed underground shall be effectively grounded. All metallic coverings, armoring of cables, other than trailing cables, and the neutral wire of three-wire systems shall also be so grounded.
[ 1941 c 194 s 26; Rem. Supp. 1941 s 7666-34. ]
In electrical systems installed, no higher voltage than low voltage shall be used underground, except for transmission or other application to transformers, motors, generators or other apparatus in which the whole of the medium or high voltage apparatus is stationary.
[ 1941 c 194 s 27; Rem. Supp. 1941 s 7666-35. ]
Lamps or other proper lights shall be kept ready for use in all underground stations where a failure of electric light is likely to cause danger.
[ 1941 c 194 s 28; Rem. Supp. 1941 s 7666-36. ]
(1) All underground cables and wires, unless provided with grounded metallic covering, shall be supported by efficient insulators. The conductors connecting lamps to the power supply shall in all cases be insulated.
(2) Cables and wires unprovided with metallic coverings shall not be fixed to walls or timbers by means of uninsulated fastenings.
[ 1941 c 194 s 29; Rem. Supp. 1941 s 7666-37. ]
The director of labor and industries shall establish such rules and regulations as he or she deems primarily necessary for the safety of the employees employed in tunnels, quarries, caissons, and subways and shall be guided by the most modern published studies and researches made by persons or institutions into the correction of the evils chargeable to improper safeguards and inspection of the tools, machinery, equipment, and places of work obtaining in the industries covered by RCW 49.24.080 through 49.24.380.
[ 2010 c 8 s 12026; 1941 c 194 s 32; Rem. Supp. 1941 s 7666-39. ]
Every person violating any of the provisions of RCW 49.24.080 through 49.24.380 shall be guilty of a misdemeanor.
[ 1941 c 194 s 31; Rem. Supp. 1941 s 7666-38. ]
Airborne asbestos dust and particles, such as those from sprayed asbestos slurry, asbestos-coated ventilating ducts, and certain other applications of asbestos are known to produce irreversible lung damage and bronchogenic carcinoma. One American of every four dying in urban areas of the United States has asbestos particles or dust in his or her lungs. The nature of this problem is such as to constitute a hazard to the public health and safety, and should be brought under appropriate regulation.
[ 2010 c 8 s 12027; 1973 c 30 s 1. ]
(1) Except as provided in subsection (2)(a)(ii) of this section, an owner or owner's agent who allows or authorizes any construction, renovation, remodeling, maintenance, repair, or demolition project which has a reasonable possibility, as defined by the department, of disturbing or releasing asbestos into the air, shall perform or cause to be performed, using practices approved by the department, a good faith inspection to determine whether the proposed project will disturb or release any material containing asbestos into the air.
Such inspections shall be conducted by persons meeting the accreditation requirements of the federal toxics substances control act, section 206(a) (1) and (3) (15 U.S.C. 2646(a) (1) and (3)).
An inspection under this section is not required if the owner or owner's agent is reasonably certain that asbestos will not be disturbed or assumes that asbestos will be disturbed by a project which involves construction, renovation, remodeling, maintenance, repair, or demolition and takes the maximum precautions as specified by all applicable federal and state requirements.
(2)(a)(i) Except as provided in RCW 49.26.125 and (a)(ii) of this subsection, the owner or owner's agent shall prepare and maintain a written report describing each inspection, or a statement of assumption of the presence or reasonable certainty of the absence of asbestos, and shall provide a copy of the written report or statement to all contractors before they apply or bid on work.
(ii) The department of transportation may include a good faith inspection into the scope of construction contracts for a project in lieu of conducting a good faith inspection prior to contractors bidding on the work if, prior to the start of demolition and construction, a contractor:
(A) Completes the good faith inspection;
(B) Prepares and maintains a written report describing each inspection, or a statement of assumption of the presence or reasonable certainty of the absence of asbestos; and
(C) Provides a copy of the report or statement to the department of transportation.
(b) Upon written or oral request, the owner or owner's agent shall make a copy of the written report or statement available to: (i) The department of labor and industries; (ii) contractors; and (iii) the collective bargaining representatives or employee representatives, if any, of employees who may be exposed to any asbestos or material containing asbestos.
(c) A copy of the report or statement shall be posted as prescribed by the department in a place that is easily accessible to such employees.
[ 2025 c 417 s 602; 1995 c 218 s 1; 1989 c 154 s 2. Prior: 1988 c 271 s 7. ]
NOTES:
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Purpose—1989 c 154: "The purpose of chapter 154, Laws of 1989 is to make corrections to chapter 271, Laws of 1988, and to ensure that the changes made in that chapter meet the constitutional requirements of Article II, section 19 of the state Constitution." [ 1989 c 154 s 1.]
Severability—1989 c 154: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 154 s 14.]
(1) Any owner or owner's agent who allows the start of any construction, renovation, remodeling, maintenance, repair, or demolition without first (a) conducting the inspection and preparing and maintaining the report of the inspection, or preparing and maintaining a statement of assumption of the presence or reasonable certainty of the absence of asbestos, as required under RCW 49.26.013; and (b) preparing and maintaining the additional written description of the project as required under RCW 49.26.120 shall be subject to a mandatory fine of not less than two hundred fifty dollars for each violation. Each day the violation continues shall be considered a separate violation. In addition, any construction, renovation, remodeling, maintenance, repair, or demolition which was started without meeting the requirements of RCW 49.26.013 and 49.26.120 shall be halted immediately and cannot be resumed before meeting such requirements.
(2) No contractor may commence any construction, renovation, remodeling, maintenance, repair or demolition project without receiving the copy of the written report or statement from the owner or the owner's agent. Any contractor who begins any project without the copy of the written report or statement shall be subject to a mandatory fine of not less than two hundred and fifty dollars per day. Each day the violation continues shall be considered a separate violation.
(3) The certificate of any asbestos contractor who knowingly violates any provision of this chapter or any rule adopted under this chapter shall be revoked for a period of not less than six months.
(4) The penalties imposed in this section are in addition to any penalties under RCW 49.26.140.
[ 1995 c 218 s 2; 1989 c 154 s 3. Prior: 1988 c 271 s 8. ]
NOTES:
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.
Standards regulating the use of asbestos in construction or manufacturing shall be established by the director of the department of labor and industries, with the advice of the state health officer and the department of ecology. Standards to be adopted shall describe the types of asbestos that may be used in construction and manufacturing, the methods and procedures for their use, and such other requirements as may be needed to protect the public health and safety with respect to air-borne asbestos particles and asbestos dust.
[ 1973 c 30 s 2. ]
Products containing asbestos shall be stored in containers of types approved by the director of the department of labor and industries, with the advice of the state health officer and the department of ecology. Containers of asbestos shall be plainly marked "Asbestos—do not inhale" or other words to the same effect.
[ 1973 c 30 s 3. ]
The asbestos use standards required under RCW 49.26.020 and the list of approved container types required under RCW 49.26.030 shall be adopted as regulations of the department of labor and industries. The department shall have the power to implement and enforce such regulations.
[ 1973 c 30 s 4. ]
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Asbestos abatement project" means an asbestos project involving three square feet or three linear feet, or more, of asbestos-containing material.
(2) "Asbestos project" means the construction, demolition, repair, maintenance, remodeling, or renovation of any public or private building or mechanical piping equipment or systems involving the demolition, removal, encapsulation, salvage, or disposal of material, or outdoor activity, releasing or likely to release asbestos fibers into the air.
(3) "Department" means the department of labor and industries.
(4) "Director" means the director of the department of labor and industries or the director's designee.
(5) "Person" means any individual, partnership, firm, association, corporation, sole proprietorship, or the state of Washington or its political subdivisions.
(6) "Certified asbestos supervisor" means an individual who is certified by the department to supervise an asbestos project. A certified asbestos supervisor is not required for projects involving less than three square feet or three linear feet of asbestos-containing material.
(7) "Certified asbestos worker" means an individual who is certified by the department to work on an asbestos project.
(8) "Certified asbestos contractor" means any partnership, firm, association, corporation or sole proprietorship registered under chapter 18.27 RCW that submits a bid or contracts to remove or encapsulate asbestos for another and is certified by the department to remove or encapsulate asbestos.
(9) "Owner" means the owner of any public or private building, structure, facility or mechanical system, or the agent of such owner, but does not include individuals who work on asbestos projects on their own single-family residences no part of which is used for any commercial purpose.
[ 1995 c 218 s 3; 1989 c 154 s 4. Prior: 1988 c 271 s 6; 1985 c 387 s 1. ]
NOTES:
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.
(1) No employee or other individual is eligible to do work governed by this chapter unless issued a certificate by the department.
(2) To qualify for a certificate:
(a) Certified asbestos workers must have successfully completed a four-day training course. Certified asbestos supervisors must have completed a five-day training course. Training courses shall be provided or approved by the department; shall cover such topics as the health and safety aspects of the removal and encapsulation of asbestos, including but not limited to the federal and state standards regarding protective clothing, respirator use, disposal, air monitoring, cleaning, and decontamination; and shall meet such additional qualifications as may be established by the department by rule for the type of certification sought. The department may require the successful completion of annual refresher courses provided or approved by the department for continued certification as an asbestos worker or supervisor. Rules adopted by the department must be: (i) Based on the best available evidence, established best practices, and nationally recognized industry standards; and (ii) the least burdensome to applicants necessary to address safety and health hazards; and
(b) All applicants for certification as asbestos workers or supervisors must pass an examination in the type of certification sought which shall be provided or approved by the department.
These requirements are intended to represent the minimum requirements for certification and shall not preclude contractors or employers from providing additional education or training.
(3) The department shall provide for the reciprocal certification of any individual trained to engage in asbestos projects in another state when the prior training is shown to be substantially similar to the training required by the department. Nothing shall prevent the department from requiring such individuals to take an examination or refresher course before certification.
(4) The department may deny, suspend, or revoke a certificate, as provided under RCW 49.26.140, for failure of the holder to comply with any requirement of this chapter or chapter 49.17 RCW, or any rule adopted under those chapters, or applicable health and safety standards and regulations. In addition to any penalty imposed under RCW 49.26.016, the department may suspend or revoke any certificate issued under this chapter for a period of not less than six months upon the following grounds:
(a) The certificate was obtained through error or fraud; or
(b) The holder thereof is judged to be incompetent to carry out the work for which the certificate was issued.
Before any certificate may be denied, suspended, or revoked, the holder thereof shall be given notice of the department's intention to do so, using an electronic or nonelectronic method by which the notice can be tracked or the delivery can be confirmed to the holder's last known address. Before using an electronic method for the first time under this section, the department must provide the holder the option to receive communication through a nonelectronic method. The notice shall enumerate the allegations against such holder, and shall give him or her the opportunity to request a hearing before the department. At such hearing, the department and the holder shall have opportunity to produce witnesses and give testimony.
(5) A denial, suspension, or revocation order may be appealed to the board of industrial insurance appeals within 15 working days after the denial, suspension, or revocation order is entered. The notice of appeal may be filed with the department or the board of industrial insurance appeals. The board of industrial insurance appeals shall hold the hearing in accordance with procedures established in RCW 49.17.140. Any party aggrieved by an order of the board of industrial insurance appeals may obtain superior court review in the manner provided in RCW 49.17.150.
(6) Each person certified under this chapter shall display, upon the request of an authorized representative of the department, valid identification issued by the department.
[ 2026 c 179 s 1; 2026 c 77 s 18; 2011 c 301 s 14; 1995 c 218 s 4; 1989 c 154 s 5. Prior: 1988 c 271 s 10; 1985 c 387 s 2. ]
NOTES:
Reviser's note: This section was amended by 2026 c 77 s 18 and by 2026 c 179 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.
Before working on an asbestos abatement project, a contractor shall obtain an asbestos contractor's certificate from the department and shall have in its employ at least one certified asbestos supervisor who is responsible for supervising all asbestos abatement projects undertaken by the contractor and for assuring compliance with all state laws and regulations regarding asbestos. The contractor shall apply for certification renewal every year. The department shall ensure that the expiration of the contractor's registration and the expiration of his or her asbestos contractor's certificate coincide.
[ 1995 c 218 s 5; 1989 c 154 s 6. Prior: 1988 c 271 s 11. ]
NOTES:
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.
(1) No person may assign any employee, contract with, or permit any individual or person to remove or encapsulate asbestos in any facility unless performed by a certified asbestos worker and under the direct, on-site supervision of a certified asbestos supervisor. In cases in which an employer conducts an asbestos abatement project in its own facility and by its own employees, supervision can be performed in the regular course of a certified asbestos supervisor's duties. Asbestos workers must have access to certified asbestos supervisors throughout the duration of the project.
(2) The department shall require persons undertaking asbestos projects to provide written notice to the department before the commencement of the project except as provided in RCW 49.26.125. The notice shall include a written description containing such information as the department requires by rule. The department may by rule allow a person to report multiple projects at one site in one report. The department shall by rule establish the procedure and criteria by which a person will be considered to have attempted to meet the prenotification requirement.
(3) The department shall consult with the Washington state association of fire chiefs and may establish any additional policies and procedures for municipal fire department and fire district personnel who clean up sites after fires which have rendered it likely that asbestos has been or will be disturbed or released into the air.
[ 2010 1st sp.s. c 7 s 52; 1995 c 218 s 6; 1989 c 154 s 7. Prior: 1988 c 271 s 12; 1985 c 387 s 4. ]
NOTES:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.
Prenotification to the department under RCW 49.26.120 shall not be required for:
(1)(a) Any asbestos project involving less than forty-eight square feet of surface area, or less than ten linear feet of pipe unless the surface area of the pipe is greater than forty-eight square feet. The person undertaking such a project shall keep the reports, or statements, and written descriptions required under RCW 49.26.013 and 49.26.120 which shall be available upon request of the department. Employees and employee representatives may request such reports under RCW 49.26.013(2).
(b) The director may waive the prenotification requirement upon written request of an owner for large-scale, ongoing projects. In granting such a waiver, the director shall require the owner to provide prenotification if significant changes in personnel, methodologies, equipment, worksite, or work procedures occur or are likely to occur. The director shall further require annual resubmittal of such notification.
(c) The director, upon review of an owner's reports, work practices, or other data available as a result of inspections, audits, or other authorized activities, may reduce the size threshold for prenotification required by this section. Such a change shall be based on the director's determination that significant problems in personnel, methodologies, equipment, worksite, or work procedures are creating the potential for violations of this chapter or asbestos requirements under chapter 49.17 RCW. The new prenotification requirements shall be given in writing to the owner and shall remain in effect until modified or withdrawn in writing by the director.
(2) Emergency projects.
(a) As used in this section, "emergency project" means a project that was not planned and results from a sudden, unexpected event, and does not include operations that are necessitated by nonroutine failure of equipment or systems.
(b) Emergency projects which disturb or release any material containing asbestos into the air shall be reported to the department within three working days after the commencement of the project in the manner otherwise required under this chapter. A notice shall be clearly posted adjacent to the worksite describing the nature of the emergency project. The employees' collective bargaining representatives, or employee representatives, or designated representatives, if any, shall be notified of the emergency as soon as possible by the person undertaking the emergency project.
Incremental phasing in the conduct or design of asbestos projects or otherwise designing or conducting asbestos projects of a size less than forty-eight square feet, or other threshold for exemption as provided under this section, with the intent of avoiding prenotification requirements is a violation of this chapter.
[ 1989 c 154 s 8. Prior: 1988 c 271 s 13. ]
NOTES:
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.
(1) The department shall administer this chapter.
(2) The director of the department shall adopt, in accordance with chapters 34.05 and 49.17 RCW, rules necessary to carry out this chapter.
(3) The department shall prescribe fees for the issuance and renewal of certificates, including recertification, and the administration of examinations, and for the review of training courses.
(4) The asbestos account is hereby established in the state treasury. All fees collected under this chapter shall be deposited in the account. Moneys in the account shall be spent after appropriation only for costs incurred by the department in the administration and enforcement of this chapter. Disbursements from the account shall be on authorization of the director of the department or the director's designee.
(5) During the 2003-2005 fiscal biennium, the legislature may transfer from the asbestos account to the state general fund such amounts as reflect the excess fund balance in the account.
[ 2003 1st sp.s. c 25 s 924; 1989 c 154 s 9. Prior: 1988 c 271 s 15; 1987 c 219 s 1; 1985 c 387 s 3. ]
NOTES:
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.
(1) Unless specifically provided otherwise by statute, this chapter shall be implemented and enforced, including penalties, violations, citations, and other administrative procedures, pursuant to the Washington industrial safety and health act, chapter 49.17 RCW.
(2) A person or individual who previously has been assessed a civil penalty under this section, and who knowingly violates a provision of RCW 49.26.110 through 49.26.130 or a rule adopted pursuant to RCW 49.26.110 through 49.26.130 is guilty of a misdemeanor.
[ 1987 c 219 s 2; 1985 c 387 s 5. ]
Any employee who notifies the department of any activity the employee reasonably believes to be a violation of this chapter or any rule adopted under this chapter or who participates in any proceeding related thereto shall have the same rights and protections against discharge or discrimination as employees are afforded under chapter 49.17 RCW.
[ 1989 c 154 s 10. Prior: 1988 c 271 s 16. ]
NOTES:
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.
Sections 15, as reenacted and amended in 1989, and 18, chapter 271, Laws of 1988, are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect as of March 24, 1988. Sections 6 through 8, 10 through 13, and 16, chapter 271, Laws of 1988, as reenacted or amended and reenacted in 1989, shall take effect as of January 1, 1989.
[ 1989 c 154 s 11. Prior: 1988 c 271 s 19. ]
NOTES:
Purpose—Severability—1989 c 154: See notes following RCW 49.26.013.
(1) Hereafter eight hours in any calendar day shall constitute a day's work on any work done for the state or any county or municipality within the state, subject to conditions hereinafter provided.
(2) All work done by contract or subcontract on any building or improvements or works on roads, bridges, streets, alleys, or buildings for the state or any county or municipality within the state, shall be done under the provisions of this section. In cases of extraordinary emergency such as danger to life or property, the hours for work may be extended, but in such case the rate of pay for time employed in excess of eight hours of each calendar day, shall be one and one-half times the rate of pay allowed for the same amount of time during eight hours' service. And for this purpose this section is made a part of all contracts, subcontracts, or agreements for work done for the state or any county or municipality within the state.
(3) Any contractor, subcontractor, or agent of contractor or subcontractor, foreman, or employer who violates this section is guilty of a misdemeanor and shall be fined a sum not less than twenty-five dollars nor more than two hundred dollars, or imprisoned in the county jail for a period of not less than ten days nor more than ninety days, or both such fine and imprisonment, at the discretion of the court.
[ 2003 c 53 s 274; 1899 c 101 s 1; RRS s 7642. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
That it is a part of the public policy of the state of Washington that all work "by contract or day labor done" for it, or any political subdivision created by its laws, shall be performed in workdays of not more than eight hours each, except in cases of extraordinary emergency. No case of extraordinary emergency shall be construed to exist in any case where other labor can be found to take the place of labor which has already been employed for eight hours in any calendar day.
[ 1903 c 44 s 1; RRS s 7645. ]
All contracts for work for the state of Washington, or any political subdivision created by its laws, shall provide that they may be canceled by the officers or agents authorized to contract for or supervise the execution of such work, in case such work is not performed in accordance with the policy of the state relating to such work.
[ 1903 c 44 s 2; RRS s 7646. ]
It is made the duty of all officers or agents authorized to contract for work to be done in behalf of the state of Washington, or any political subdivision created under its laws, to stipulate in all contracts as provided for in RCW 49.28.040 through 49.28.060, and all such officers and agents, and all officers and agents entrusted with the supervision of work performed under such contracts, are authorized, and it is made their duty, to declare any contract canceled, the execution of which is not in accordance with the public policy of this state as herein declared.
[ 1903 c 44 s 3; RRS s 7647. ]
Notwithstanding the provisions of RCW 49.28.010 through 49.28.060, a contractor or subcontractor in any public works contract subject to those provisions may enter into an agreement with his or her employees in which the employees work up to ten hours in a calendar day. No such agreement may provide that the employees work ten-hour days for more than four calendar days a week. Any such agreement is subject to approval by the employees. The overtime provisions of *RCW 49.28.020 shall not apply to the hours, up to forty hours per week, worked pursuant to agreements entered into under this section.
[ 1988 c 121 s 1. ]
NOTES:
*Reviser's note: RCW 49.28.020 was repealed by 2003 c 53 s 421, effective July 1, 2003.
(1) No male or female household or domestic employee shall be employed by any person for a longer period than sixty hours in any one week. Employed time shall include minutes or hours when the employee has to remain subject to the call of the employer and when the employee is not free to follow his or her inclinations.
(2) In cases of emergency such employee may be employed for a longer period than sixty hours.
(3) Any employer violating this section is guilty of a misdemeanor.
[ 2003 c 53 s 275; 1937 c 129 s 1; RRS s 7651-1. FORMER PARTS OF SECTION: (i) 1937 c 129 s 2; RRS s 7651-2, now codified as RCW 49.28.082. (ii) 1937 c 129 s 4; RRS s 7651-4, now codified as RCW 49.28.084. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—1937 c 129: "In the event any part of this act is held invalid such invalidity shall not affect the validity of the remainder of this act." [ 1937 c 129 s 3.] This applies to RCW 49.28.080 through 49.28.084.
(1) It shall be unlawful for any employer to permit any of his or her employees to operate on docks, in warehouses and/or in or on other waterfront properties any power driven mechanical equipment for the purpose of loading cargo on, or unloading cargo from, ships, barges, or other watercraft, or of assisting in such loading or unloading operations, for a period in excess of twelve and one-half hours at any one time without giving such person an interval of eight hours' rest: PROVIDED, HOWEVER, The provisions of this section shall not be applicable in cases of emergency, including fire, violent storms, leaking or sinking ships or services required by the armed forces of the United States.
(2) Any person violating this section is guilty of a misdemeanor.
[ 2003 c 53 s 276; 1953 c 271 s 1. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
The definitions in this section apply throughout this section and RCW 49.28.140 and 49.28.150 unless the context clearly requires otherwise.
(1)(a) "Employee" means a person who:
(i) Is employed by a health care facility;
(ii) Is involved in direct patient care activities or clinical services; and
(iii) Receives an hourly wage or is covered by a collective bargaining agreement.
(b) "Employee" does not mean a person who:
(i) Is employed by a health care facility as defined in subsection (3)(a)(v) of this section; and
(ii) Is a surgical technologist registered under chapter 18.215 RCW, a diagnostic radiologic technologist or cardiovascular invasive specialist certified under chapter 18.84 RCW, a respiratory care practitioner licensed under chapter 18.89 RCW, or a certified nursing assistant as defined in RCW 18.88A.020.
(2) "Employer" means an individual, partnership, association, corporation, the state, a political subdivision of the state, or person or group of persons, acting directly or indirectly in the interest of a health care facility.
(3)(a) "Health care facility" means the following facilities, or any part of the facility, including such facilities if owned and operated by a political subdivision or instrumentality of the state, that operate on a twenty-four hours per day, seven days per week basis:
(i) Hospices licensed under chapter 70.127 RCW;
(ii) Hospitals licensed under chapter 70.41 RCW, except that until July 1, 2021, the provisions of section 3, chapter 296, Laws of 2019 do not apply to:
(A) Hospitals certified as critical access hospitals under 42 U.S.C. Sec. 1395i-4;
(B) Hospitals with fewer than twenty-five acute care beds in operation; and
(C) Hospitals certified by the centers for medicare and medicaid services as sole community hospitals as of January 1, 2013, that: Have had less than one hundred fifty acute care licensed beds in fiscal year 2011; have a level III adult trauma service designation from the department of health as of January 1, 2014; and are owned and operated by the state or a political subdivision;
(iii) Rural health care facilities as defined in RCW 70.175.020;
(iv) *Psychiatric hospitals licensed under chapter 71.12 RCW; or
(v) Facilities owned and operated by the department of corrections or by a governing unit as defined in RCW 70.48.020 in a correctional institution as defined in RCW 9.94.049 that provide health care services.
(b) If a nursing home regulated under chapter 18.51 RCW or a home health agency regulated under chapter 70.127 RCW is operating under the license of a health care facility, the nursing home or home health agency is considered part of the health care facility for the purposes of this subsection.
(4) "Overtime" means the hours worked in excess of an agreed upon, predetermined, regularly scheduled shift within a 24-hour period not to exceed 12 hours in a 24-hour period or 80 hours in a consecutive 14-day period.
(5) "On-call time" means time spent by an employee who is not working on the premises of the place of employment but who is compensated for availability or who, as a condition of employment, has agreed to be available to return to the premises of the place of employment on short notice if the need arises.
(6) "Reasonable efforts" means that the employer, to the extent reasonably possible, does all of the following but is unable to obtain staffing coverage:
(a) Seeks individuals to volunteer to work extra time from all available qualified staff who are working;
(b) Contacts qualified employees who have made themselves available to work extra time;
(c) Seeks the use of per diem staff; and
(d) Seeks personnel from a contracted temporary agency when such staffing is permitted by law or an applicable collective bargaining agreement, and when the employer regularly uses a contracted temporary agency.
(7) "Unforeseeable emergent circumstance" means (a) any unforeseen declared national, state, or municipal emergency; (b) when a health care facility disaster plan is activated; or (c) any unforeseen disaster or other catastrophic event which substantially affects or increases the need for health care services.
[ 2024 c 354 s 1; 2019 c 296 s 2; 2011 c 251 s 1; 2002 c 112 s 2. ]
NOTES:
*Reviser's note: The term "psychiatric hospital" was changed to "behavioral health hospital" by 2024 c 121 s 19.
Effective date—2024 c 354: "This act takes effect January 1, 2025." [ 2024 c 354 s 3.]
Effective date—2019 c 296: See note following RCW 49.12.480.
Finding—2002 c 112: "Washington state is experiencing a critical shortage of qualified, competent health care workers. To safeguard the health, efficiency, and general well-being of health care workers and promote patient safety and quality of care, the legislature finds, as a matter of public policy, that required overtime work should be limited with reasonable safeguards in order to ensure that the public will continue to receive safe, quality care." [ 2002 c 112 s 1.]
(1) No employee of a health care facility may be required to work overtime. Attempts to compel or force employees to work overtime are contrary to public policy, and any such requirement contained in a contract, agreement, or understanding is void.
(2) The acceptance by any employee of overtime is strictly voluntary, and the refusal of an employee to accept such overtime work is not grounds for discrimination, dismissal, discharge, or any other penalty, threat of reports for discipline, or employment decision adverse to the employee.
(3) This section does not apply to overtime work that occurs:
(a) Because of any unforeseeable emergent circumstance;
(b) Because of prescheduled on-call time, subject to the following:
(i) Mandatory prescheduled on-call time may not be used in lieu of scheduling employees to work regularly scheduled shifts when a staffing plan indicates the need for a scheduled shift;
(ii) Mandatory prescheduled on-call time may not be used to address regular changes in patient census or acuity or expected increases in the number of employees not reporting for predetermined scheduled shifts; and
(iii) Mandatory, prescheduled on-call time may not be used to begin at a time when the duration of the procedure is expected to exceed the employee's regular scheduled hours of work, except for the case of a nonemergent patient procedure for which, in the judgment of the provider responsible for the procedure, a delay would cause a worse clinical outcome;
(c) When the employer documents that the employer has used reasonable efforts to obtain staffing. An employer has not used reasonable efforts if overtime work is used to fill vacancies resulting from chronic staff shortages; or
(d) When an employee is required to work overtime to complete a patient care procedure already in progress where the absence of the employee could have an adverse effect on the patient.
(4) An employee accepting overtime who works more than twelve consecutive hours shall be provided the option to have at least eight consecutive hours of uninterrupted time off from work following the time worked.
[ 2023 c 114 s 10; 2019 c 296 s 3; 2002 c 112 s 3. ]
NOTES:
Effective date—2023 c 114: See note following RCW 70.41.410.
Effective date—2019 c 296: See note following RCW 49.12.480.
Finding—2002 c 112: See note following RCW 49.28.130.
The department of labor and industries shall investigate complaints of violations of RCW 49.28.140 as provided under RCW 49.12.145 through 49.12.149.
[ 2023 c 114 s 11; 2002 c 112 s 4. ]
NOTES:
Effective date—2023 c 114: See note following RCW 70.41.410.
Finding—2002 c 112: See note following RCW 49.28.130.
(1) Every general authority and limited authority Washington law enforcement agency may adopt a flexible work policy. The policy may allow for general authority and limited authority Washington peace officers to work at less than full time when feasible, such as supplementing work during peak hours with part-time officers. The flexible work policy may include alternative shift and work schedules that fit the needs of the law enforcement agency.
(2) The flexible work policy adopted in subsection (1) of this section may require an officer have a certain number of years of experience as a full-time officer or have additional training for the officer to work part time or be eligible for any other types of flexible work.
(3) The flexible work policy adopted in subsection (1) of this section may not cause the layoff or otherwise displace any full-time officer.
(4) This section does not alter any existing collective bargaining unit, the provisions of any existing collective bargaining agreement, or the duty of a law enforcement agency to meet their duty to bargain under chapter 41.56 or 41.80 RCW. Full-time and part-time officers working for the same law enforcement agency who are covered by a collective bargaining agreement must be in the same bargaining unit.
(5) This section does not alter any laws or workplace policies relating to restrictions on secondary employment for general authority and limited authority Washington peace officers.
(6) For the purposes of this section, the definitions in this subsection apply.
(a) "General authority and limited authority Washington law enforcement agency" has the same meaning as "general authority Washington law enforcement agency" and "limited authority Washington law enforcement agency" as defined in RCW 10.93.020 (3) and (5), respectively.
(b) "General authority and limited authority Washington peace officers" has the same meaning as "general authority Washington peace officer" and "limited authority Washington peace officer" as defined in RCW 10.93.020 (4) and (6), respectively.
[ 2024 c 319 s 1. ]
It is the intent of the legislature that the department assist agricultural employers in mitigating the costs of the state's unemployment insurance program. The department shall work with members of the agricultural community to: Improve understanding of the program's operation; increase compliance with work-search requirements; provide prompt notification of potential claims against an employer's experience rating; inform employers of their rights; inform employers of the actions necessary to appeal a claim and to protect their rights; and reduce claimant and employer fraud. These efforts shall include:
(1) Conducting employer workshops and community seminars;
(2) Developing new educational materials; and
(3) Developing forms that use lay language.
[ 1998 c 245 s 99; 1991 c 31 s 1; 1990 c 245 s 10; 1989 c 380 s 82. ]
NOTES:
Conflict with federal requirements—1990 c 245: See note following RCW 50.04.030.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agricultural employment" or "employment" means employment in agricultural labor as defined in RCW 50.04.150.
(2) "Department" means the department of labor and industries.
(3) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any agricultural activity in this state and employs one or more employees.
(4) "Employee" means a person employed in agricultural employment, and includes a person who is working under an independent contract the essence of which is personal labor in agricultural employment whether by way of manual labor or otherwise. However, "employee" shall not include immediate family members of the officers of any corporation, partnership, sole proprietorship, or other business entity, or officers of any closely held corporation engaged in agricultural production of crops or livestock.
(5) "Minor" means an employee who is under the age of eighteen years.
[ 1989 c 380 s 83. ]
(1) Each employer required to keep employment records under RCW 49.46.070, shall retain such records for three years.
(2) Each employer shall furnish to each employee at the time the employee's wages are paid an itemized statement showing the pay basis in hours or days worked, the rate or rates of pay, the gross pay, and all deductions from the pay for the respective pay period.
[ 1989 c 380 s 84. ]
Except as provided in RCW 49.30.060, any violation of the provisions of this chapter or rules adopted hereunder shall be a class 1 civil infraction. The director shall have the authority to issue and enforce civil infractions according to chapter 7.80 RCW.
[ 2025 c 173 s 6; 1989 c 380 s 86. ]
NOTES:
Effective date—2025 c 173: See note following RCW 49.30.060.
Before granting a variance from this chapter or an applicable rule in order to allow a minor participating in a bona fide cooperative vocational education program, diversified career experience program, work experience program certified and monitored by the office of the superintendent of public instruction or the minor employee's school district, or a registered apprenticeship program to perform a work duty typically prohibited based on the minor's age, the department shall:
(1) Conduct a safety and health consultation at the worksite; and
(2) Consult with the employer on the types of tools, equipment, and practices permitted under the variance.
[ 2025 c 173 s 7. ]
NOTES:
Effective date—2025 c 173: See note following RCW 49.30.060.
(1) In accordance with the rule-making authority granted to the department under this chapter to protect employees in agriculture, the department's rules must provide for the protection of the safety, health, and welfare of minor employees, provided that such rules grant appropriate exceptions for emancipated minors. The department's rules must prohibit an employer from employing a minor unless the employer has a valid minor work permit with the consent of the minor's parent, guardian, or legal custodian and the approval of the minor's school, provided that such rules grant appropriate exceptions for employers who are the minor's parent, guardian, or legal custodian and for emancipated minors.
(2)(a) If the director, or the director's designee, finds that an employer has violated any of the requirements of this section or any applicable rule or a variance from those requirements issued under this chapter and applicable rules, a citation and notice of assessment stating the violations must be issued to the employer. The citation and notice of assessment must be in writing, describing the nature of the violation including reference to the standards, rules, or orders alleged to have been violated. The citation and penalty assessment must be given to the highest management official available at the workplace or be mailed to the employer at the workplace. In addition, the department shall mail a copy of the citation and penalty assessment to the central personnel office of the employer. Citations issued under this section must be posted at or near the place where the violation occurred.
(b) A first-time citation for failure to obtain a minor work permit or parental or school authorization, for failure to maintain records, or for a violation deemed nonserious by the department must state a specific and reasonable time for abatement of the violation to allow the employer to correct the violation. The department may waive or reduce a civil penalty assessed for a first-time violation under this subsection if the director determines that the employer has taken corrective action to resolve the violation.
(c) The employer must be assessed a civil penalty as follows:
(i) No less than $100 and no more than $1,000 for each violation involving failure to obtain a minor work permit or parental or school authorization, for failure to maintain records, or for each other nonserious violation;
(ii) No less than $150 and no more than $1,000 for each violation involving failure to comply with hours of work requirements;
(iii) No less than $300 and no more than $1,000 for each violation involving failure to comply with meal break or rest break requirements;
(iv) No less than $1,000 for each violation involving failure to comply with prohibited duty requirements, variance conditions, or minimum wage requirements for minors, or for each other serious violation, except the civil penalty may be no less than $2,000 for each violation in a second or subsequent citation for any of these violations identified in this subsection (2)(c)(iv);
(v) No less than $15,000 for any violation resulting in the serious physical harm of a minor, which may be doubled where the violation is a willful violation or a repeated violation; and
(vi) No less than $71,000 for any violation resulting in the death of a minor, which may be doubled where the violation is a willful violation or a repeated violation.
(d) If the director, or the director's designee, finds that an employer has committed a serious or repeated violation of any of the requirements of this section or any applicable rule or order, the employer is subject to an additional civil penalty assessment of a maximum of $5,000 for each subsequent day the violation continues. For the purposes of this subsection (2)(d), a serious violation exists if death or serious physical harm has resulted or is imminent from a condition that exists, or from one or more practices, means, methods, operations, or processes that have been adopted or are in use by the employer, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
(e) The department shall consider the following factors when determining the amount of any penalty assessment under this section: (i) Whether the violation was committed willfully or the violation is a repeat violation; (ii) the size of the employer; (iii) the age of the minor; (iv) the gravity of the violation; (v) the hazards created by the violation; (vi) the penalties for comparable violations under federal law; (vii) the penalty amount necessary to deter future noncompliance; (viii) ensuring the penalty amount is consistent with the purposes of this chapter; and (ix) any other factor warranting an adjustment in the penalty as deemed appropriate by the department.
(f) Beginning July 1, 2027, and every two years thereafter, the department shall adjust by rule the amounts in (c) and (d) of this subsection for inflation by calculating to the nearest cent using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index.
(3) In addition to any other authority provided in this section, if, upon inspection or investigation, the director, or the director's designee, believes that an employer has violated any of the requirements of this section or any applicable rule or order governing the employment of minors, and that the violation creates a danger from which there is a substantial probability that death or serious physical harm could result to a minor employee, the director, or the director's designee, may issue an order immediately restraining the condition, practice, method, process, or means creating the danger in the workplace. An order issued under this subsection may require the employer to take steps necessary to avoid, correct, or remove the danger and may prohibit the presence of a minor in locations or under conditions where the danger exists.
(4)(a) The director or the director's designee shall revoke an employer's minor work permit and prohibit the employer from obtaining a minor work permit for no less than 12 months if:
(i) The employer has been issued a safety and health citation under RCW 49.17.120 containing one or more violations under RCW 49.17.180 (1), (2), (4), or (5) or any citation and notice of assessment containing one or more violations of any of the requirements of this section, any applicable rules, or applicable orders, where one or more of the violations caused serious physical harm or death to a minor; or
(ii) An order has been issued immediately restraining an employer's condition, practice, method, process, or means in the workplace pursuant to subsection (3) of this section or RCW 49.17.130 or 49.17.170.
(b) Following a revocation under this subsection (4), a minor work permit may not be reissued to an employer unless the employer has not been issued a citation for any violations of the provisions identified in (a)(i) of this subsection (4) for at least 12 months.
(c) This subsection does not prohibit the department from revoking, suspending, or modifying a minor work permit for any reason or cause provided for under state law or department rule or policy.
(5) Any person aggrieved by an action taken or decision made by the department under this section may appeal the action or decision to the director by filing notice of the appeal with the director within 30 days of the department's action or decision. A notice of appeal filed under this section stays the effectiveness of a citation or notice of the assessment of a penalty pending review of the appeal by the director, but such appeal does not stay the effectiveness of an order of immediate restraint issued under this section. Upon receipt of an appeal, a hearing must be held in accordance with chapter 34.05 RCW. The director shall issue all final orders after the hearing. The final orders are subject to appeal in accordance with chapter 34.05 RCW. Orders not appealed within the time period specified in chapter 34.05 RCW are final and binding.
(6) The employer shall pay the amount assessed under this section within 30 days of receipt of the penalty assessment or notify the director of the employer's intent to appeal the citation or the penalty assessment under subsection (5) of this section. If an employer fails to pay an assessment under this section after it has become a final and unappealable order, or after the court has entered final judgment in favor of the department, the director may initiate collection procedures in accordance with RCW 49.48.086.
(7) A person who gives advance notice, without the authority of the director, of an inspection to be conducted under this chapter must be assessed a civil penalty of not more than $1,000.
(8) Penalties assessed under this section must be paid to the director and deposited into the general fund.
(9) The department may adopt rules for purposes of implementing and enforcing this section.
[ 2025 c 173 s 8. ]
NOTES:
Effective date—2025 c 173: "This act takes effect July 1, 2026." [ 2025 c 173 s 9.]
See note following RCW 50.04.150.
No court of the state of Washington or any judge or judges thereof shall have jurisdiction to issue any restraining order or temporary or permanent injunction in a case involving or growing out of a labor dispute, except in a strict conformity with the provisions of this chapter; nor shall any such restraining order or temporary or permanent injunction be issued contrary to the public policy declared in this chapter.
[ 1933 ex.s. c 7 s 1; RRS s 7612-1. Cf. 1919 c 185 s 2. Formerly RCW 49.32.040. ]
NOTES:
Injunctions in labor disputes: RCW 49.36.015.
(1) In the interpretation of this chapter and in determining the jurisdiction and authority of the courts of the state of Washington, as such jurisdiction and authority are herein defined and limited, the public policy of the state of Washington is hereby declared as follows:
WHEREAS, Under prevailing economic conditions, developed with the aid of governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect his or her freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore, though he or she should be free to decline to associate with his or her fellows, it is necessary that he or she have full freedom of association, self-organization, and designation of representatives of his or her own choosing, to negotiate the terms and conditions of his or her employment, and that he or she shall be free from interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protections; therefore, the following definitions of, and limitations upon, the jurisdiction and authority of the courts of the state of Washington are hereby enacted.
(2) With regard to any employer, employees, trade, or industry covered under chapter 130, Laws of 2026 that had been subject to federal labor law regulation the public employment relations commission has concurrent jurisdiction to prevent and to remedy any violation of the rights set forth in subsection (1) of this section.
[ 2026 c 130 s 21; 2010 c 8 s 12028; 1933 ex.s. c 7 s 2; RRS s 7612-2. ]
Any undertaking or promise, such as is described in this section, or any other undertaking or promise in conflict with the public policy declared in RCW 49.32.020, is hereby declared to be contrary to the public policy of the state of Washington, shall not be enforceable in any court of the state of Washington, and shall not afford any basis for the granting of legal or equitable relief by any such court, including specifically the following:
Every undertaking or promise hereafter made, whether written or oral, express or implied, constituting or contained in any contract or agreement of hiring or employment between any individual, firm, company, association, or corporation and any employee or prospective employee of the same, whereby:
(1) Either party to such contract or agreement undertakes or promises not to join, become, or remain a member of any labor organization or of any employer organization; or
(2) Either party to such contract or agreement undertakes or promises that he or she will withdraw from an employment relation in the event that he or she joins, becomes, or remains a member of any labor organization or of any employer organization.
[ 2010 c 8 s 12029; 1933 ex.s. c 7 s 3; RRS s 7612-3. ]
No court of the state of Washington shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of any labor dispute or prohibit any person or persons participating or interested in such dispute (as these terms are herein defined) from doing, whether singly or in concert, any of the following acts:
(1) Ceasing or refusing to perform any work or to remain in any relation of employment;
(2) Becoming or remaining a member of any labor organization or of any employer organization, regardless of any such undertaking or promise as is described in RCW 49.32.030;
(3) Paying or giving to, or withholding from, any person participating or interested in such labor dispute any strike or unemployment benefits or insurance or other moneys or things of value;
(4) By all lawful means aiding any person participating or interested in any labor dispute who is being proceeded against in, or is prosecuting, any action or suit in any court of the United States or of any state;
(5) Giving publicity to the existence of, or the facts involved in, any labor dispute, whether by advertising, speaking, patrolling, or by any other method not involving fraud or violence;
(6) Assembling peaceably to act or to organize to act in promotion of their interests in a labor dispute;
(7) Advising or notifying any person of an intention to do any of the acts heretofore specified;
(8) Agreeing with other persons to do or not to do any of the acts heretofore specified; and
(9) Advising, urging, or otherwise causing or inducing without fraud or violence the acts heretofore specified, regardless of any such undertaking or promise as is described in RCW 49.32.030.
[ 1933 ex.s. c 7 s 4; RRS s 7612-4. ]
No court of the state of Washington or any judge or judges thereof shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor dispute constitute or are engaged in an unlawful combination or conspiracy because of the doing in concert of the acts enumerated in RCW 49.32.050.
[ 1933 ex.s. c 7 s 5; RRS s 7612-5. ]
No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of the state of Washington for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual participation in, or actual authorization of, such acts, or of ratification of such acts after actual knowledge thereof.
[ 1933 ex.s. c 7 s 6; RRS s 7612-6. ]
Whenever any court of the state of Washington shall issue or deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings, and on his or her filing the usual bond for costs, forthwith certify the entire record of the case, including a transcript of the evidence taken, to the supreme court or the court of appeals for its review. Upon the filing of such record in the supreme court or the court of appeals, the appeal shall be heard and the temporary injunctive order affirmed, modified, or set aside with the greatest possible expedition, giving the proceedings precedence over all other matters except older matters of the same character.
[ 2010 c 8 s 12030; 1971 c 81 s 116; 1933 ex.s. c 7 s 10; RRS s 7612-10. ]
NOTES:
Rules of court: Appeal procedure superseded by RAP 2.1, 2.2, 18.22.
In all cases arising under this chapter in which a person shall be charged with contempt in a court of the state of Washington, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the county wherein the contempt shall have been committed: PROVIDED, That this right shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct or disobedience of any officer of the court in respect to the writs, orders, or process of the court.
[ 1933 ex.s. c 7 s 11; RRS s 7612-11. ]
The defendant in any proceeding for contempt of court may file with the court a demand for the retirement of the judge sitting in the proceeding, if the contempt arises from an attack upon the character or conduct of such judge and if the attack occurred elsewhere than in the presence of the court or so near thereto as to interfere directly with the administration of justice. Upon the filing of any such demand the judge shall thereupon proceed no further, but another judge shall be designated in the same manner as provided by law. The demand shall be filed prior to the hearing of the contempt proceeding.
[ 1933 ex.s. c 7 s 12; RRS s 7612-12. ]
NOTES:
Civil procedure—Disqualification of judge—Change of venue: RCW 4.12.040.
When used in this chapter, and for the purpose of this chapter:
(1) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in the same industry, trade, or occupation; or have direct or indirect interests therein; or who are employees of the same employer; or who are members of the same or an affiliated organization of employers or employees; whether such dispute is (a) between one or more employers or associations of employers and one or more employees or associations of employees; (b) between one or more employers or associations of employers and one or more employers or association of employers; or (c) between one or more employees or association of employees and one or more employees or association of employees; or when the case involves any conflicting or competing interests in a "labor dispute" (as hereinafter defined) of "persons participating or interested" therein (as hereinafter defined).
(2) A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against him or her or it, and if he or she or it is engaged in the same industry, trade, craft, or occupation in which dispute occurs, or has a direct or indirect interest therein or is a member, officer, or agent of any association composed in whole or in part of employers or employees engaged in such industry, trade, craft, or occupation.
(3) The term "labor dispute" includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee.
[ 2010 c 8 s 12031; 1933 ex.s. c 7 s 13; RRS s 7612-13. Formerly RCW 49.32.010. ]
All acts and parts of acts in conflict with the provisions of this chapter are hereby repealed.
[ 1933 ex.s. c 7 s 15; RRS s 7612-15. ]
It shall be lawful for working men and women to organize themselves into, or carry on labor unions for the purpose of lessening the hours of labor or increasing the wages or bettering the conditions of the members of such organizations; or carry out their legitimate purposes by any lawful means.
[ 1919 c 185 s 1; RRS s 7611. ]
No restraining order or injunction shall be granted by any court of this state, or any judge or judges thereof in any case between an employer and employee or between employer and employees or between employees or between persons employed and persons seeking employment involving or growing out of a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable damage to property or to a personal right or to a property right of the party making the application, for which injury there is no adequate remedy at law, and such petition must be in writing describing such damage or injury feared by the applicant, and sworn to by the applicant or his or her agent or attorney. No such restraining order or injunction shall prohibit any such person or persons, whether singly or in concert, from terminating any relation of employment or from ceasing to perform any work or labor; or from paying or giving to, or withholding from any person engaged in such dispute, any strike benefits or other moneys or things of value; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto; nor shall any of the acts specified in this section be considered or held to be illegal or unlawful in any court of the state.
[ 2010 c 8 s 12032; 1919 c 185 s 2; RRS s 7612. ]
NOTES:
Labor disputes: Chapter 49.32 RCW.
The labor of a human being is not a commodity or article of commerce, and the right to enter into the relation of employer and employee or to change that relation except in violation of contract is a legal right. In all cases involving the violation of the contract of employment, either by the employee or employer where no irreparable damage is about to be done to the property, personal rights or property rights of either, no injunction shall be granted, but the parties shall be left to their remedy at law.
[ 1919 c 185 s 3; RRS s 7613. ]
NOTES:
Injunctions in labor disputes: RCW 49.32.011.
No person shall be indicted, prosecuted, or tried in any court of this state for entering into or carrying on any lawful arrangement, agreement, or combination between themselves made with a view of lessening the number of hours of labor or increasing wages or bettering the conditions of working men and women, or for any lawful act done in pursuance thereof.
[ 1919 c 185 s 4; RRS s 7614. ]
The privilege established by RCW 5.60.060(11) shall apply to all labor unions covered by this chapter.
[ 2023 c 202 s 9. ]
NOTES:
Findings—2023 c 202: See note following RCW 5.60.060.
(1) A public employer may not require a worker to waive any statutory right to make a claim arising out of state or federal law as a condition of settling a grievance under a collective bargaining agreement.
(2) "Public employer" has the same meaning as in RCW 49.44.170.
[ 2025 c 387 s 6. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Bargaining representative" means any lawful organization that represents employees in their employment relations with their employers.
(2) "Collective bargaining" means the performance of the mutual obligations of the employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours, and working conditions, which may be peculiar to an appropriate bargaining unit of such employer, except that by such obligation neither party may be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter.
(3) "Commission" means the public employment relations commission created in RCW 41.58.010.
(4)(a) "Employee" means any person who is employed by an employer to perform the work of cultivating, growing, harvesting, or producing cannabis, including defoliating, drying, bucking, precuring, curing, drying, trimming, sorting, and loading, if performed on a farm.
(b) "Employee" does not include any person having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(5)(a) "Employer" means an employer that is operating pursuant to a cannabis producer's license issued under RCW 69.50.325(1), or a cannabis processor's license issued under RCW 69.50.325(2) if the licensed premises is colocated on a farm licensed for cannabis production. "Employer" also includes any person acting as an agent of an employer, directly or indirectly.
(b) In determining whether any person is acting as an agent of another person to make such other person responsible for their acts, the question of whether the specific acts performed were actually authorized or subsequently ratified is not controlling.
(6) "Executive director" means the executive director of the commission.
(7) "Labor dispute" includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association of representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. In the event of a dispute between an employer and an exclusive bargaining representative over the matters that are terms and conditions of employment, the commission shall decide which items are mandatory subjects for bargaining.
(8) "Labor organization" means an organization of any kind, or an agency or employee representation committee or plan, in which employees participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of employment.
(9) "Person" includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees in bankruptcy, or receivers.
(10) "Unfair labor practice" means any activity listed in RCW 49.37.140 and 49.37.150.
[ 2025 c 106 s 1. ]
No employer or other person may directly or indirectly interfere with, restrain, coerce, or discriminate against any employees or group of employees in the free exercise of their right to organize and designate bargaining representatives of their own choosing for the purpose of collective bargaining, or in the free exercise of any other right under this chapter.
[ 2025 c 106 s 2. ]
If an employer and its employees are in disagreement as to the selection of a bargaining representative, the commission must be invited to intervene as is provided in RCW 49.37.040 through 49.37.060.
[ 2025 c 106 s 3. ]
(1)(a) The commission, upon reasonable notice, shall decide in each application for certification as an exclusive bargaining representative, the unit appropriate for the purpose of collective bargaining.
(b) In determining, modifying, or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the employees; the history of collective bargaining by the employees and their bargaining representatives; the extent of organization among the employees; and the desire of the employees.
(2) The commission shall determine the bargaining representative by conducting an election after a showing of interest by employees, as provided in RCW 49.37.050.
(3) If a single employee organization is the exclusive bargaining representative for two or more units, upon petition by the employee organization, the units may be consolidated into a single larger unit if the commission considers the larger unit to be appropriate. If consolidation is appropriate, the commission shall certify the employee organization as the exclusive bargaining representative of the new unit.
(4) No question concerning representation may be raised if:
(a) Fewer than 12 months have elapsed since the last certification or election; or
(b) A valid collective bargaining agreement is in effect, except for that period of no more than 90 calendar days nor less than 60 calendar days before the expiration of the agreement.
[ 2025 c 106 s 4. ]
(1)(a) Upon request of a prospective bargaining representative showing written proof of at least 30 percent representation of the employees within the unit, the commission shall hold an election by ballot to determine the issue.
(b) The ballot must contain the name of the prospective bargaining representative and of any other bargaining representative showing written proof of at least 10 percent representation of the employees within the unit, together with a choice for any employee to designate that they do not desire to be represented by any bargaining representative.
(c) Where more than one organization is on the ballot and neither of the three or more choices receives a majority vote of valid ballots cast, a runoff election must be held. The runoff ballot must contain the two choices which received the largest and second largest number of votes.
(2)(a) Upon request of a prospective bargaining representative showing written proof of at least 50 percent representation of the employees within a bargaining unit for which there is no incumbent exclusive bargaining representative, the commission shall hold an election through a cross-check process to determine the issue.
(b) The commission must compare the employee organization's membership records or bargaining authorization cards against the employment records of the employer.
[ 2025 c 106 s 5. ]
(1) The bargaining representative that has been determined to represent a majority of the employees in a bargaining unit must be certified by the commission as the exclusive bargaining representative of, and must represent, all the employees within the unit without regard to membership in the bargaining representative.
(2) An employee at any time may present their grievance to the employer and have such grievance adjusted without the intervention of the exclusive bargaining representative, if the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect, and if the exclusive bargaining representative has been given reasonable opportunity to be present at any initial meeting called for the resolution of the grievance.
[ 2025 c 106 s 6. ]
RCW 41.56.067 applies to this chapter.
[ 2025 c 106 s 7. ]
No employer may refuse to engage in collective bargaining with the exclusive bargaining representative. Upon the failure of the employer and the exclusive bargaining representative to conclude a collective bargaining agreement, any matter in dispute may be submitted by either party to the commission. If an employer implements its last and best offer where there is no contract settlement, allegations that either party is violating the terms of the implemented offer are subject to grievance arbitration procedures as such procedures are set forth in the parties' last contract or, should no such contract exist, as set forth in the implemented offer.
[ 2025 c 106 s 8. ]
(1) Upon the authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer must deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and must transmit the same to the treasurer of the exclusive bargaining representative.
(2)(a) An employee's written, electronic, or recorded voice authorization to have the employer deduct membership dues from the employee's salary must be made by the employee to the exclusive bargaining representative. If the employer receives a request for authorization of deductions, the employer must forward the request to the exclusive bargaining representative as soon as practicable.
(b) Upon receiving notice of the employee's authorization from the exclusive bargaining representative, the employer must deduct from the employee's salary membership dues and remit the amounts to the exclusive bargaining representative.
(c) The employee's authorization remains in effect until expressly revoked by the employee in accordance with the terms and conditions of the authorization.
(d) An employee's request to revoke authorization for payroll deductions must be in writing and submitted by the employee to the exclusive bargaining representative in accordance with the terms and conditions of the authorization.
(e) After the employer receives confirmation from the exclusive bargaining representative that the employee has revoked authorization for deductions, the employer must end the deduction no later than the second payroll after receipt of the confirmation.
(f) The employer must rely on information provided by the exclusive bargaining representative regarding the authorization and revocation of deductions.
(3) If the employer and the exclusive bargaining representative of a bargaining unit enter into a collective bargaining agreement that includes requirements for deductions of other payments, the employer must make such deductions upon authorization of the employee.
[ 2025 c 106 s 9. ]
A collective bargaining agreement may provide for binding arbitration of a labor dispute arising from the application or the interpretation of the matters contained in a collective bargaining agreement.
[ 2025 c 106 s 10. ]
(1) After the termination date of a collective bargaining agreement, all the terms and conditions specified in the collective bargaining agreement remain in effect until the effective date of a subsequent agreement, not to exceed one year from the termination date stated in the agreement. Thereafter, the employer may unilaterally implement according to law.
(2) This section does not apply to provisions of a collective bargaining agreement which both parties agree to exclude from the provisions of subsection (1) of this section and to provisions within the collective bargaining agreement with separate and specific termination dates.
(3) This section does not apply to collective bargaining agreements in effect or being bargained on July 27, 2025.
[ 2025 c 106 s 11. ]
In addition to any other method for selecting arbitrators, the parties may request the commission to appoint a qualified person who may be an employee of the commission to act as an arbitrator to assist in the resolution of a labor dispute between the employer and the bargaining representative arising from the application of the matters contained in a collective bargaining agreement. The arbitrator must conduct the arbitration of the dispute in a manner provided for in the collective bargaining agreement. The commission may not collect any fees or charges from the employer or the bargaining representative for services performed by the commission under this chapter. The provisions of chapter 49.08 RCW do not apply to this chapter.
[ 2025 c 106 s 12. ]
(1) If the employer has the information in the employer's records, the employer must provide to the exclusive bargaining representative the following information for each employee in an appropriate bargaining unit:
(a) The employee's name and date of hire;
(b) The employee's contact information, including: (i) Cellular, home, and work telephone numbers; (ii) work and the most up-to-date personal email addresses; and (iii) home address or personal mailing address; and
(c) Employment information, including the employee's job title, salary or rate of pay, and worksite location or duty station.
(2) The employer must provide the information to the exclusive bargaining representative in an editable digital file format:
(a) Within 21 business days from the date of hire for a newly hired employee in an appropriate bargaining unit; and
(b) Every 120 business days for all employees in an appropriate bargaining unit.
(3) When there is a state-level representative of the exclusive bargaining representative for a bargaining unit, the employer may provide the information to the state-level representative.
(4) The exclusive bargaining representative may use the information provided under this section only for representation purposes. This section does not give authority to any exclusive bargaining representative to sell or provide access to lists of employees or the information provided to the exclusive bargaining representative pursuant to this section requested for commercial purposes.
(5) If an employer fails to comply with this section, the exclusive bargaining representative may bring a court action to enforce compliance. The court may order the employer to pay costs and reasonable attorneys' fees incurred by the exclusive bargaining representative.
[ 2025 c 106 s 13. ]
It is an unfair labor practice for an employer to:
(1) Interfere with, restrain, or coerce employees in the exercise of their rights guaranteed by this chapter;
(2) Control, dominate, or interfere with a bargaining representative;
(3) Engage in or create the impression of surveillance of activities protected by this chapter;
(4) Discriminate against an employee who has filed an unfair labor practice charge or who has given testimony under this chapter; or
(5) Refuse to engage in collective bargaining.
[ 2025 c 106 s 14. ]
It is an unfair labor practice for a bargaining representative to:
(1) Interfere with, restrain, or coerce employees in the exercise of their rights guaranteed by this chapter;
(2) Induce the employer to commit an unfair labor practice;
(3) Discriminate against an employee who has filed an unfair labor practice charge or who has given testimony under this chapter; or
(4) Refuse to engage in collective bargaining.
[ 2025 c 106 s 15. ]
(1) The commission must prevent unfair labor practices and issue appropriate remedial orders. However, a complaint may not be processed for an unfair labor practice occurring more than six months before the filing of the complaint with the commission or in superior court.
(2) If the commission determines that a person has engaged in or is engaging in an unfair labor practice, the commission must issue and serve upon the person an order requiring the person to cease and desist from the unfair labor practice. The commission may take action to carry out the purposes and policy of this chapter, including requiring the person to pay damages and reinstate employees.
(3) The commission may petition the superior court for the county in which the main office of the employer is located or in which the person who has engaged or is engaging in the unfair labor practice resides or transacts business, for the enforcement of its order and for appropriate temporary relief.
[ 2025 c 106 s 16. ]
The commission may adopt rules necessary to administer this chapter in conformity with the intent and purpose of this chapter and consistent with the best standards of labor-management relations.
[ 2025 c 106 s 17. ]
This chapter may not be interpreted by any court to apply to or otherwise extend any rights to any employee who is not specifically employed by an employer to perform the work of cultivating, growing, harvesting, or producing cannabis, including defoliating, drying, bucking, precuring, curing, drying, trimming, sorting, and loading, if performed on a farm.
[ 2025 c 106 s 18. ]
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.
[ 1984 c 89 s 1. ]
(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.
[ 1984 c 89 s 2. ]
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.
[ 1984 c 89 s 3. ]
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.
[ 1984 c 89 s 4. ]
In an action brought pursuant to RCW 49.38.040, the prevailing party is entitled to reasonable attorney's fees and costs.
[ 1984 c 89 s 5. ]
Any person who violates this chapter is guilty of a gross misdemeanor.
[ 1984 c 89 s 6. ]
The department may adopt rules under chapter 34.05 RCW to carry out the provisions of this chapter.
[ 1984 c 89 s 7. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Bargaining representative" means any lawful organization which represents symphony musicians in their employment relations with their employers.
(2) "Collective bargaining" means the performance of the mutual obligations of the employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours, and working conditions, which may be peculiar to an appropriate bargaining unit of such employer, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter.
(3) "Commission" means the public employment relations commission.
(4)(a) "Employer" means a symphony orchestra with a gross annual revenue of more than three hundred thousand dollars that does not meet the jurisdictional standards of the national labor relations board, and includes any person acting as an agent of an employer, directly or indirectly.
(b) In determining whether any person is acting as an "agent" of another person so as to make such other person responsible for his or her acts, the question of whether the specific acts performed were actually authorized or subsequently ratified shall not be controlling.
(5) "Executive director" means the executive director of the commission.
(6) "Labor dispute" includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association of representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and symphony musician employee. In the event of a dispute between an employer and an exclusive bargaining representative over the matters that are terms and conditions of employment, the commission shall decide which items are mandatory subjects for bargaining.
(7) "Labor organization" means an organization of any kind, or an agency or employee representation committee or plan, in which symphony musicians participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of employment.
(8) "Person" includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees in bankruptcy, or receivers.
(9) "Unfair labor practice" means any activity listed in RCW 49.39.120 and 49.39.130.
[ 2010 c 6 s 1. ]
No employer, or other person, shall directly or indirectly interfere with, restrain, coerce, or discriminate against any symphony musician or group of symphony musicians in the free exercise of their right to organize and designate bargaining representatives of their own choosing for the purpose of collective bargaining, or in the free exercise of any other right under this chapter.
[ 2010 c 6 s 2. ]
If an employer and its symphony musician employees are in disagreement as to the selection of a bargaining representative the commission shall be invited to intervene as is provided in RCW 49.39.030 through 49.39.060.
[ 2010 c 6 s 3. ]
RCW 41.56.067 applies to this chapter.
[ 2018 c 250 s 7. ]
The commission, upon reasonable notice, shall decide in each application for certification as an exclusive bargaining representative the unit appropriate for the purpose of collective bargaining. In determining, modifying, or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the symphony musicians; the history of collective bargaining by the symphony musicians and their bargaining representatives; the extent of organization among the symphony musicians; and the desire of the symphony musicians. The commission shall determine the bargaining representative by: (1) Comparison of signatures on organization bargaining authorization cards; or (2) conducting an election specifically therefor.
[ 2010 c 6 s 4. ]
If the commission elects to conduct an election to ascertain the exclusive bargaining representative, and upon the request of a prospective bargaining representative showing written proof of at least thirty percent representation of the symphony musicians within the unit, the commission shall hold an election by secret ballot to determine the issue. The ballot shall contain the name of the bargaining representative and of any other bargaining representative showing written proof of at least ten percent representation of the symphony musicians within the unit, together with a choice for any symphony musician to designate that he or she does not desire to be represented by any bargaining agent. Where more than one organization is on the ballot and neither of the three or more choices receives a majority vote of valid ballots cast, a runoff election shall be held. The runoff ballot shall contain the two choices which received the largest and second-largest number of votes. No question concerning representation may be raised within one year of a certification or attempted certification. Where there is a valid collective bargaining agreement in effect, no question of representation may be raised except during the period not more than ninety nor less than sixty days prior to the expiration date of the agreement. Any agreement which contains a provision for automatic renewal or extension of the agreement shall not be a valid agreement; nor shall any agreement be valid if it provides for a term of existence for more than three years.
[ 2010 c 6 s 5. ]
The bargaining representative which has been determined to represent a majority of the symphony musicians in a bargaining unit shall be certified by the commission as the exclusive bargaining representative of, and shall be required to represent, all the symphony musicians within the unit without regard to membership in the bargaining representative. However, any symphony musician at any time may present his or her grievance to the employer and have such grievance adjusted without the intervention of the exclusive bargaining representative, if the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect, and if the exclusive bargaining representative has been given reasonable opportunity to be present at any initial meeting called for the resolution of the grievance.
[ 2010 c 6 s 6. ]
The commission may adopt rules necessary to administer this chapter in conformity with the intent and purpose of this chapter and consistent with the best standards of labor-management relations.
[ 2010 c 6 s 7. ]
If only one employee organization is seeking certification as exclusive bargaining representative of a bargaining unit for which there is no incumbent exclusive bargaining representative, the commission may determine the question concerning representation by conducting a cross-check comparing the employee organization's membership records or bargaining authorization cards against the employment records of the employer. A determination through a cross-check process may be made upon a showing of interest submitted in support of the exclusive bargaining representative by more than fifty percent of the employees. The commission may adopt rules to implement this section.
[ 2019 c 230 s 21. ]
An employer may engage in collective bargaining with the exclusive bargaining representative and no employer may refuse to engage in collective bargaining with the exclusive bargaining representative. Upon the failure of the employer and the exclusive bargaining representative to conclude a collective bargaining agreement, any matter in dispute may be submitted by either party to the commission. If an employer implements its last and best offer where there is no contract settlement, allegations that either party is violating the terms of the implemented offer are subject to grievance arbitration procedures if and as such procedures are set forth in the implemented offer, or, if not in the implemented offer, if and as such procedures are set forth in the parties' last contract.
[ 2010 c 6 s 8. ]
(1) Upon the authorization of an employee within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the employer must deduct from the payments to the employee the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and must transmit the same to the treasurer of the exclusive bargaining representative.
(2)(a) An employee's written, electronic, or recorded voice authorization to have the employer deduct membership dues from the employee's salary must be made by the employee to the exclusive bargaining representative. If the employer receives a request for authorization of deductions, the employer shall as soon as practicable forward the request to the exclusive bargaining representative.
(b) Upon receiving notice of the employee's authorization from the exclusive bargaining representative, the employer shall deduct from the employee's salary membership dues and remit the amounts to the exclusive bargaining representative.
(c) The employee's authorization remains in effect until expressly revoked by the employee in accordance with the terms and conditions of the authorization.
(d) An employee's request to revoke authorization for payroll deductions must be in writing and submitted by the employee to the exclusive bargaining representative in accordance with the terms and conditions of the authorization.
(e) After the employer receives confirmation from the exclusive bargaining representative that the employee has revoked authorization for deductions, the employer shall end the deduction no later than the second payroll after receipt of the confirmation.
(f) The employer shall rely on information provided by the exclusive bargaining representative regarding the authorization and revocation of deductions.
(3) If the employer and the exclusive bargaining representative of a bargaining unit enter into a collective bargaining agreement that includes requirements for deductions of other payments, the employer must make such deductions upon authorization of the employee.
[ 2019 c 230 s 22; 2018 c 247 s 6; 2010 c 6 s 9. ]
A collective bargaining agreement may provide for binding arbitration of a labor dispute arising from the application or the interpretation of the matters contained in a collective bargaining agreement.
[ 2019 c 230 s 23; 2010 c 6 s 10. ]
(1) After the termination date of a collective bargaining agreement, all of the terms and conditions specified in the collective bargaining agreement remain in effect until the effective date of a subsequent agreement, not to exceed one year from the termination date stated in the agreement. Thereafter, the employer may unilaterally implement according to law.
(2) This section does not apply to provisions of a collective bargaining agreement which both parties agree to exclude from the provisions of subsection (1) of this section and to provisions within the collective bargaining agreement with separate and specific termination dates.
(3) This section shall not apply to collective bargaining agreements in effect or being bargained on June 10, 2010.
[ 2010 c 6 s 11. ]
In addition to any other method for selecting arbitrators, the parties may request the commission to appoint a qualified person who may be an employee of the commission to act as an arbitrator to assist in the resolution of a labor dispute between the employer and the bargaining representative arising from the application of the matters contained in a collective bargaining agreement. The arbitrator must conduct the arbitration of the dispute in a manner as provided for in the collective bargaining agreement. The commission may not collect any fees or charges from the employer or the bargaining representative for services performed by the commission under this chapter. The provisions of chapter 49.08 RCW do not apply to this chapter.
[ 2010 c 6 s 12. ]
It is an unfair labor practice for an employer:
(1) To interfere with, restrain, or coerce symphony musicians in the exercise of their rights guaranteed by this chapter;
(2) To control, dominate, or interfere with a bargaining representative;
(3) To discriminate against a symphony musician who has filed an unfair labor practice charge or who has given testimony under this chapter;
(4) To refuse to engage in collective bargaining.
[ 2010 c 6 s 13. ]
It is an unfair labor practice for a bargaining representative:
(1) To interfere with, restrain, or coerce employees in the exercise of their rights guaranteed by this chapter;
(2) To induce the employer to commit an unfair labor practice;
(3) To discriminate against a symphony musician who has filed an unfair labor practice charge or who has given testimony under this chapter;
(4) To refuse to engage in collective bargaining.
[ 2010 c 6 s 14. ]
(1) The commission must prevent unfair labor practices and issue appropriate remedial orders. However, a complaint may not be processed for an unfair labor practice occurring more than six months before the filing of the complaint with the commission or in superior court.
(2) If the commission determines that a person has engaged in or is engaging in an unfair labor practice, the commission must issue and serve upon the person an order requiring the person to cease and desist from the unfair labor practice. The commission may take action to carry out the purposes and policy of this chapter, including requiring the person to pay damages and reinstate employees.
(3) The commission may petition the superior court for the county in which the main office of the employer is located or in which the person who has engaged or is engaging in the unfair labor practice resides or transacts business, for the enforcement of its order and for appropriate temporary relief.
[ 2018 c 252 s 6; 2010 c 6 s 15. ]
Actions taken by or on behalf of the commission shall be pursuant to chapter 34.05 RCW, or rules adopted in accordance with chapter 34.05 RCW, and the right of judicial review provided by chapter 34.05 RCW is applicable to all actions and rules.
[ 2010 c 6 s 16. ]
For the purpose of this chapter the term "seasonal labor" shall include all work performed by any person employed for a period of time greater than one month and where the wages for such work are not to be paid at any fixed interval of time, but at the termination of such employment, and where such person is hired within this state for work to be performed outside the state and the wages earned during said employment are to be paid in this state at the termination of such employment: PROVIDED, That this chapter shall not apply to wages earned by seamen or other persons where the payment of their wages is regulated by federal statutes.
[ 1919 c 191 s 1; RRS s 7603. ]
Every contract for seasonal labor shall be in writing and signed by the employer and the employee, and may provide for advances of moneys to be earned under such contract or for the furnishing of supplies to the employee before the wages are earned, and for the payment of money or the furnishing of supplies during the season.
[ 1919 c 191 s 2; RRS s 7604. ]
Every employee who with intent to defraud shall have secured advances of money or supplies under a contract for seasonable labor and who with intent to defraud shall wilfully fail to perform sufficient labor to compensate for such advances and supplies made under such contract shall be guilty of a gross misdemeanor.
[ 1919 c 191 s 3; RRS s 7605. ]
Upon the written petition of either the employer or the employee setting forth in ordinary and concise language the facts and questions in dispute, the director of labor and industries shall, in person or by his or her duly authorized deputy, and is hereby authorized to hear and determine all disputes concerning wages earned at seasonal labor, and allow or reject deductions made from such wages for moneys advanced or supplies furnished before the wages are earned for money paid or supplies furnished during the season or for money paid to third persons upon the written order of the employee.
[ 2010 c 8 s 12033; 1919 c 191 s 4; RRS s 7606. ]
Upon the filing of any such petition, the director of labor and industries shall notify the other party to the dispute of the time and place when and where such petition will be heard, and may set said petition for a hearing before a regularly appointed deputy at such place in the state as he or she shall determine is most convenient for the parties, and the director or his or her deputy shall have power and authority to issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records at such hearing, and to administer oaths. Obedience to such subpoenas shall be enforced by the courts of the county where such hearing is held.
[ 2010 c 8 s 12034; 1919 c 191 s 5; RRS s 7607. ]
The director of labor and industries, or his or her deputy holding the hearing shall, after such hearing, determine the amount due from the employer to the employee, and shall make findings of fact and an award in accordance therewith, which findings and award shall be filed in the office of the director and a copy thereof delivered to the employer and the employee using an electronic or nonelectronic method by which the findings and award can be tracked or the delivery can be confirmed directed to their last known address. Before using an electronic method for the first time under this section, the director or his or her deputy must provide the employer and the employee the option to receive communication through a nonelectronic method.
[ 2026 c 77 s 19; 2011 c 301 s 15; 2010 c 8 s 12035; 1919 c 191 s 6; RRS s 7608. ]
Any person aggrieved by the finding or award of the director of labor and industries has the right of appeal in the manner provided in chapter 34.05 RCW.
[ 1987 c 202 s 217; 1919 c 191 s 7; RRS s 7609. ]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
In case no appeal is taken from the award of the director of labor and industries and suit shall be brought upon the contract for seasonal labor in any court of competent jurisdiction, the findings and award of the director made in any proceeding under this chapter at a hearing at which both parties to such suit shall have appeared may be introduced in evidence in such suit, for the information of the court in which the suit is pending, and may, in the discretion of the court, be submitted to the jury as a part of the evidence in the case; but such findings and award shall not be conclusive or binding upon the court or the jury in any such case.
[ 1919 c 191 s 8; RRS s 7610. ]
Every person in this state who shall wilfully and maliciously, send or deliver, or make or cause to be made, for the purpose of being delivered or sent or part with the possession of any paper, letter or writing, with or without name signed thereto, or signed with a fictitious name, or with any letter, mark or other designation, or publish or cause to be published any statement for the purpose of preventing any other person from obtaining employment in this state or elsewhere, and every person who shall wilfully and maliciously "blacklist" or cause to be "blacklisted" any person or persons, by writing, printing or publishing, or causing the same to be done, the name, or mark, or designation representing the name of any person in any paper, pamphlet, circular or book, together with any statement concerning persons so named, or publish or cause to be published that any person is a member of any secret organization, for the purpose of preventing such person from securing employment, or who shall wilfully and maliciously make or issue any statement or paper that will tend to influence or prejudice the mind of any employer against the person of such person seeking employment, or any person who shall do any of the things mentioned in this section for the purpose of causing the discharge of any person employed by any railroad or other company, corporation, individual or individuals, shall, on conviction thereof, be adjudged guilty of misdemeanor and punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ninety days nor more than three hundred sixty-four days, or by both such fine and imprisonment.
[ 2011 c 96 s 42; 1899 c 23 s 1; RRS s 7599. ]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Interference with or discharge from employment of member of organized militia: RCW 38.40.040, 38.40.050.
Every person who shall give, offer, or promise, directly or indirectly, any compensation, gratuity, or reward to any duly constituted representative of a labor organization, with intent to influence him or her in respect to any of his or her acts, decisions or other duties as such representative, or to induce him or her to prevent or cause a strike by the employees of any person or corporation, shall be guilty of a gross misdemeanor.
[ 2010 c 8 s 12036; 1909 c 249 s 424; RRS s 2676. ]
Every person who, being the duly constituted representative of a labor organization, shall ask or receive, directly or indirectly, any compensation, gratuity, or reward, or any promise thereof, upon any agreement or understanding that any of his or her acts, decisions, or other duties as such representative, or any act to prevent or cause a strike of the employees of any person or corporation shall be influenced thereby, shall be guilty of a gross misdemeanor.
[ 2010 c 8 s 12037; 1909 c 249 s 425; RRS s 2677. ]
Every person who shall obtain employment or appointment to any office or place of trust, by color or aid of any false or forged letter or certificate of recommendation, shall be guilty of a misdemeanor.
[ 1909 c 249 s 371; RRS s 2623. ]
Every employment agent or broker who, with intent to influence the action of any person thereby, shall misstate or misrepresent verbally, or in any writing or advertisement, any material matter relating to the demand for labor, the conditions under which any labor or service is to be performed, the duration thereof or the wages to be paid therefor, shall be guilty of a misdemeanor.
[ 1909 c 249 s 372; RRS s 2624. ]
NOTES:
Discrimination—Unfair practices of employment agencies: RCW 49.60.200.
False advertising: RCW 9.04.010.
Every person who shall give, offer, or promise, directly or indirectly, any compensation, gratuity, or reward to any agent, employee, or servant of any person or corporation, with intent to influence his or her action in relation to his or her principal's, employer's, or master's business, shall be guilty of a gross misdemeanor.
[ 2010 c 8 s 12038; 1909 c 249 s 426; RRS s 2678. ]
Every person who shall wilfully and maliciously, either alone or in combination with others, break a contract of service or employment, knowing or having reasonable cause to believe that the consequence of his or her so doing will be to endanger human life or to cause grievous bodily injury, or to expose valuable property to destruction or serious injury, shall be guilty of a misdemeanor.
[ 2010 c 8 s 12039; 1909 c 249 s 281; RRS s 2533. ]
NOTES:
Injunctions in labor disputes: Chapter 49.32 RCW.
Labor unions—Injunctions in labor disputes: RCW 49.36.015.
A provision of an employment contract or agreement is against public policy and is void and unenforceable if it requires an employee to waive the employee's right to publicly pursue a cause of action arising under chapter 49.60 RCW or federal antidiscrimination laws or to publicly file a complaint with the appropriate state or federal agencies, or if it requires an employee to resolve claims of discrimination in a dispute resolution process that is confidential.
[ 2018 c 120 s 1. ]
It shall be an unfair practice:
(1) For an employer or licensing agency, because an individual is forty years of age or older, to refuse to hire or employ or license or to bar or to terminate from employment such individual, or to discriminate against such individual in promotion, compensation or in terms, conditions or privileges of employment: PROVIDED, That employers or licensing agencies may establish reasonable minimum and/or maximum age limits with respect to candidates for positions of employment, which positions are of such a nature as to require extraordinary physical effort, endurance, condition or training, subject to the approval of the executive director of the Washington state human rights commission or the director of labor and industries through the division of industrial relations.
(2) For any employer, licensing agency or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses any limitation, specification or discrimination respecting individuals forty years of age or older: PROVIDED, That nothing herein shall forbid a requirement of disclosure of birthdate upon any form of application for employment or by the production of a birth certificate or other sufficient evidence of the applicant's true age after an employee is hired.
Nothing contained in this section or in RCW 49.60.180 as to age shall be construed to prevent the termination of the employment of any person who is physically unable to perform his or her duties or to affect the retirement policy or system of any employer where such policy or system is not merely a subterfuge to evade the purposes of this section; nor shall anything in this section or in RCW 49.60.180 be deemed to preclude the varying of insurance coverages according to an employee's age; nor shall this section be construed as applying to any state, county, or city law enforcement agencies, or as superseding any law fixing or authorizing the establishment of reasonable minimum or maximum age limits with respect to candidates for certain positions in public employment which are of such a nature as to require extraordinary physical effort, or which for other reasons warrant consideration of age factors.
[ 1993 c 510 s 24; 1985 c 185 s 30; 1983 c 293 s 2; 1961 c 100 s 5. ]
NOTES:
Severability—1993 c 510: See note following RCW 49.60.010.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
Unfair practices, discrimination because of age: RCW 49.60.180 through 49.60.205.
(1) It shall be unlawful for any person, firm or corporation not directly involved in a labor strike or lockout to recruit and bring into this state from outside this state any person or persons for employment, or to secure or offer to secure for such person or persons any employment, when the purpose of such recruiting, securing or offering to secure employment is to have such persons take the place in employment of employees in a business owned by a person, firm or corporation involved in a labor strike or lockout, or to have such persons act as pickets of a business owned by a person, firm or corporation where a labor strike or lockout exists: PROVIDED, That this section shall not apply to activities and services offered by or through the Washington employment security department.
(2) Any person violating this section is guilty of a gross misdemeanor.
[ 2003 c 53 s 277; 1961 c 180 s 1. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
(1) It shall be unlawful for any person, firm, corporation or the state of Washington, its political subdivisions or municipal corporations to require, directly or indirectly, that any employee or prospective employee take or be subjected to any lie detector or similar tests as a condition of employment or continued employment: PROVIDED, That this section shall not apply to persons making application for employment with any law enforcement agency or with the juvenile court services agency of any county, or to persons returning after a break of more than twenty-four consecutive months in service as a fully commissioned law enforcement officer: PROVIDED FURTHER, That this section shall not apply to either the initial application for employment or continued employment of persons who manufacture, distribute, or dispense controlled substances as defined in chapter 69.50 RCW, or to persons in sensitive positions directly involving national security.
(2) Nothing in this section shall be construed to prohibit the use of psychological tests as defined in RCW 18.83.010.
(3) Any person violating this section is guilty of a misdemeanor.
(4) As used in this section, "person" includes any individual, firm, corporation, or agency or political subdivision of the state.
(5) Nothing in this section may be construed as limiting any statutory or common law rights of any person illegally denied employment or continued employment under this section for purposes of any civil action or injunctive relief.
[ 2007 c 14 s 1; 2005 c 265 s 1; 2003 c 53 s 278; 1985 c 426 s 1; 1973 c 145 s 1; 1965 c 152 s 1. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
In a civil action alleging a violation of RCW 49.44.120, the court may:
(1) Award a penalty in the amount of five hundred dollars to a prevailing employee or prospective employee in addition to any award of actual damages;
(2) Award reasonable attorneys' fees and costs to the prevailing employee or prospective employee; and
(3) Pursuant to RCW 4.84.185, award any prevailing party against whom an action has been brought for a violation of RCW 49.44.120 reasonable expenses and attorneys' fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause.
[ 1985 c 426 s 3. ]
(1) A provision in an employment agreement which provides that an employee shall assign or offer to assign any of the employee's rights in an invention to the employer does not apply to an invention for which no equipment, supplies, facilities, or trade secret information of the employer was used and which was developed entirely on the employee's own time, unless (a) the invention relates (i) directly to the business of the employer, or (ii) to the employer's actual or demonstrably anticipated research or development, or (b) the invention results from any work performed by the employee for the employer. Any provision which purports to apply to such an invention is to that extent against the public policy of this state and is to that extent void and unenforceable.
(2) An employer shall not require a provision made void and unenforceable by subsection (1) of this section as a condition of employment or continuing employment.
(3) If an employment agreement entered into after September 1, 1979, contains a provision requiring the employee to assign any of the employee's rights in any invention to the employer, the employer must also, at the time the agreement is made, provide a written notification to the employee that the agreement does not apply to an invention for which no equipment, supplies, facility, or trade secret information of the employer was used and which was developed entirely on the employee's own time, unless (a) the invention relates (i) directly to the business of the employer, or (ii) to the employer's actual or demonstrably anticipated research or development, or (b) the invention results from any work preformed [performed] by the employee for the employer.
[ 1979 ex.s. c 177 s 2. ]
Even though the employee meets the burden of proving the conditions specified in RCW 49.44.140, the employee shall, at the time of employment or thereafter, disclose all inventions being developed by the employee, for the purpose of determining employer or employee rights. The employer or the employee may disclose such inventions to the department of employment security, and the department shall maintain a record of such disclosures for a minimum period of five years.
[ 1979 ex.s. c 177 s 3. ]
The legislature intends that public employers be prohibited from misclassifying employees, or taking other action to avoid providing or continuing to provide employment-based benefits to which employees are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification.
Chapter 155, Laws of 2002 does not mandate that any public employer provide benefits to actual temporary, seasonal, or part-time employees beyond the benefits to which they are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification. Public employers may determine eligibility rules for their own benefit plans and may exclude categories of workers such as "temporary" or "seasonal," so long as the definitions and eligibility rules are objective and applied on a consistent basis. Objective standards, such as control over the work and the length of the employment relationship, should determine whether a person is an employee who is entitled to employee benefits, rather than the arbitrary application of labels, such as "temporary" or "contractor." Common law standards should be used to determine whether a person is performing services as an employee, as a contractor, or as part of an agency relationship.
Chapter 155, Laws of 2002 does not modify any statute or policy regarding the employment of: Public employee retirees who are hired for postretirement employment as provided for in chapter 41.26, 41.32, 41.35, or 41.40 RCW or who work as contractors; or enrolled students who receive employment as student employees or as part of their education or financial aid.
[ 2002 c 155 s 1. ]
NOTES:
Construction—2002 c 155: "This act shall be construed liberally for the accomplishment of its purposes." [ 2002 c 155 s 3.]
Severability—2002 c 155: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2002 c 155 s 4.]
PDFRCW 49.44.160
Public employers—Intent. (Effective June 30, 2029.)
The legislature intends that public employers be prohibited from misclassifying employees, or taking other action to avoid providing or continuing to provide employment-based benefits to which employees are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification.
Chapter 155, Laws of 2002 does not mandate that any public employer provide benefits to actual temporary, seasonal, or part-time employees beyond the benefits to which they are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification. Public employers may determine eligibility rules for their own benefit plans and may exclude categories of workers such as "temporary" or "seasonal," so long as the definitions and eligibility rules are objective and applied on a consistent basis. Objective standards, such as control over the work and the length of the employment relationship, should determine whether a person is an employee who is entitled to employee benefits, rather than the arbitrary application of labels, such as "temporary" or "contractor." Common law standards should be used to determine whether a person is performing services as an employee, as a contractor, or as part of an agency relationship.
Chapter 155, Laws of 2002 does not modify any statute or policy regarding the employment of: Public employee retirees who are hired for postretirement employment as provided for in chapter 41.26, 41.26A, 41.32, 41.35, or 41.40 RCW or who work as contractors; or enrolled students who receive employment as student employees or as part of their education or financial aid.
[ 2026 c 261 s 464; 2002 c 155 s 1.]
Effective date—2026 c 261: See note following RCW 41.26A.505.
Construction—2002 c 155: "This act shall be construed liberally for the accomplishment of its purposes." [ 2002 c 155 s 3.]
Severability—2002 c 155: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2002 c 155 s 4.]
(1) It is an unfair practice for any public employer to:
(a) Misclassify any employee to avoid providing or continuing to provide employment-based benefits; or
(b) Include any other language in a contract with an employee that requires the employee to forgo employment-based benefits.
(2) The definitions in this subsection apply throughout chapter 155, Laws of 2002 unless the context clearly requires otherwise.
(a) "Employee" means a person who is providing services for compensation to an employer, unless the person is free from the employer's direction and control over the performance of work. This definition shall be interpreted consistent with common law.
(b) "Employment-based benefits" means any benefits to which employees are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification.
(c) "Public employer" means: (i) Any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision; and (ii) the state, state institutions, and state agencies. This definition shall be interpreted consistent with common law.
(d) "Misclassify" and "misclassification" means to incorrectly classify or label a long-term public employee as "temporary," "leased," "contract," "seasonal," "intermittent," or "part-time," or to use a similar label that does not objectively describe the employee's actual work circumstances.
(3) An employee deeming himself or herself harmed in violation of subsection (1) of this section may bring a civil action in a court of competent jurisdiction.
[ 2002 c 155 s 2. ]
NOTES:
Construction—Severability—2002 c 155: See notes following RCW 49.44.160.
It shall be unlawful for any person, firm, corporation, or the state of Washington, its political subdivisions, or municipal corporations to require, directly or indirectly, that any employee or prospective employee submit genetic information or submit to screening for genetic information as a condition of employment or continued employment.
"Genetic information" for purposes of this chapter, is information about inherited characteristics that can be derived from a DNA-based or other laboratory test, family history, or medical examination. "Genetic information" for purposes of this chapter, does not include: (1) Routine physical measurements, including chemical, blood, and urine analysis, unless conducted purposefully to diagnose genetic or inherited characteristics; and (2) results from tests for abuse of alcohol or drugs.
[ 2020 c 76 s 18; 2004 c 12 s 1. ]
(1) If an employee subject to an employee noncompetition agreement is terminated without just cause or laid off by action of the employer, the noncompetition agreement is void and unenforceable.
(2) Nothing in this section restricts the right of an employer to protect trade secrets or other proprietary information by lawful means in equity or under applicable law.
(3) Nothing in this section has the effect of terminating, or in any way modifying, any rights or liabilities resulting from an employee noncompetition agreement that was entered into before December 31, 2005.
(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Employee" means an employee of a broadcasting industry employer other than a sales or management employee.
(b) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations.
(c) "Employee noncompetition agreement" means an agreement, written or oral, express or implied, between an employer and employee under which the employee agrees not to compete, either alone or as an employee of another, with the employer in providing services after termination of employment.
(d) "Broadcasting industry" means employers that distribute or transmit electronic signals to the public at large using television (VHF or UHF), radio (AM, FM, or satellite), or cable television technologies, or which prepare, develop, or create programs or messages to be transmitted by electronic signal using television, radio, or cable technology.
[ 2005 c 176 s 1. ]
(1) An employer may not:
(a) Request, require, or otherwise coerce an employee or applicant to disclose login information for the employee's or applicant's personal social networking account;
(b) Request, require, or otherwise coerce an employee or applicant to access his or her personal social networking account in the employer's presence in a manner that enables the employer to observe the contents of the account;
(c) Compel or coerce an employee or applicant to add a person, including the employer, to the list of contacts associated with the employee's or applicant's personal social networking account;
(d) Request, require, or cause an employee or applicant to alter the settings on his or her personal social networking account that affect a third party's ability to view the contents of the account; or
(e) Take adverse action against an employee or applicant because the employee or applicant refuses to disclose his or her login information, access his or her personal social networking account in the employer's presence, add a person to the list of contacts associated with his or her personal social networking account, or alter the settings on his or her personal social networking account that affect a third party's ability to view the contents of the account.
(2) This section does not apply to an employer's request or requirement that an employee share content from his or her personal social networking account if the following conditions are met:
(a) The employer requests or requires the content to make a factual determination in the course of conducting an investigation;
(b) The employer undertakes the investigation in response to receipt of information about the employee's activity on his or her personal social networking account;
(c) The purpose of the investigation is to: (i) Ensure compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct; or (ii) investigate an allegation of unauthorized transfer of an employer's proprietary information, confidential information, or financial data to the employee's personal social networking account; and
(d) The employer does not request or require the employee to provide his or her login information.
(3) This section does not:
(a) Apply to a social network, intranet, or other technology platform that is intended primarily to facilitate work-related information exchange, collaboration, or communication by employees or other workers;
(b) Prohibit an employer from requesting or requiring an employee to disclose login information for access to: (i) An account or service provided by virtue of the employee's employment relationship with the employer; or (ii) an electronic communications device or online account paid for or supplied by the employer;
(c) Prohibit an employer from enforcing existing personnel policies that do not conflict with this section;
(d) Prevent an employer from complying with the requirements of state or federal statutes, rules or regulations, case law, or rules of self-regulatory organizations; or
(e) Apply to a background investigation in accordance with RCW 43.101.095. However, the officer must not be required to provide login information.
(4) If, through the use of an employer-provided electronic communications device or an electronic device or program that monitors an employer's network, an employer inadvertently receives an employee's login information, the employer is not liable for possessing the information but may not use the login information to access the employee's personal social networking account.
(5) For the purposes of this section and RCW 49.44.205:
(a) "Adverse action" means: Discharging, disciplining, or otherwise penalizing an employee; threatening to discharge, discipline, or otherwise penalize an employee; and failing or refusing to hire an applicant.
(b) "Applicant" means an applicant for employment.
(c) "Electronic communications device" means a device that uses electronic signals to create, transmit, and receive information, including computers, telephones, personal digital assistants, and other similar devices.
(d) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or other activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" includes an agent, a representative, or a designee of the employer.
(e) "Login information" means a user name and password, a password, or other means of authentication that protects access to a personal social networking account.
[ 2021 c 323 s 24; 2013 c 330 s 1. ]
An employee or applicant aggrieved by a violation of RCW 49.44.200 may bring a civil action in a court of competent jurisdiction. The court may:
(1) Award a prevailing employee or applicant injunctive or other equitable relief, actual damages, a penalty in the amount of five hundred dollars, and reasonable attorneys' fees and costs; and
(2) Pursuant to RCW 4.84.185, award any prevailing party against whom an action has been brought for a violation of RCW 49.44.200 reasonable expenses and attorneys' fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause.
[ 2013 c 330 s 2. ]
(1) A provision in an agreement by an employer and an employee not to disclose or discuss conduct, or the existence of a settlement involving conduct, that the employee reasonably believed under Washington state, federal, or common law to be illegal discrimination, illegal harassment, illegal retaliation, a wage and hour violation, or sexual assault, or that is recognized as against a clear mandate of public policy, is void and unenforceable. Prohibited nondisclosure and nondisparagement provisions in agreements concern conduct that occurs at the workplace, at work-related events coordinated by or through the employer, between employees, or between an employer and an employee, whether on or off the employment premises. Prohibited nondisclosure and nondisparagement provisions include those contained in employment agreements, independent contractor agreements, agreements to pay compensation in exchange for the release of a legal claim, or any other agreement between an employer and an employee.
(2) This section does not prohibit the enforcement of a provision in any agreement that prohibits the disclosure of the amount paid in settlement of a claim.
(3) It is a violation of this section for an employer to discharge or otherwise discriminate or retaliate against an employee for disclosing or discussing conduct that the employee reasonably believed to be illegal harassment, illegal discrimination, illegal retaliation, wage and hour violations, or sexual assault, that is recognized as illegal under state, federal, or common law, or that is recognized as against a clear mandate of public policy, occurring in the workplace, at work-related events coordinated by or through the employer, between employees, or between an employer and an employee, whether on or off the employment premises.
(4) It is a violation of this section for an employer to request or require that an employee enter into any agreement provision that is prohibited by this section.
(5) It is a violation of this section for an employer to attempt to enforce a provision of an agreement prohibited by this section, whether through a lawsuit, a threat to enforce, or any other attempt to influence a party to comply with a provision in any agreement that is prohibited by this section.
(6) This section does not prohibit an employer and an employee from protecting trade secrets, proprietary information, or confidential information that does not involve illegal acts.
(7) An employer who violates this section after June 9, 2022, is liable in a civil cause of action for actual or statutory damages of $10,000, whichever is more, as well as reasonable attorneys' fees and costs.
(8) For the purposes of this section, "employee" means a current, former, or prospective employee or independent contractor.
(9) A nondisclosure or nondisparagement provision in any agreement signed by an employee who is a Washington resident is governed by Washington law.
(10) The provisions of this section are to be liberally construed to fulfill its remedial purpose.
(11) As an exercise of the state's police powers and for remedial purposes, this section is retroactive from June 9, 2022, only to invalidate nondisclosure or nondisparagement provisions in agreements created before June 9, 2022, and which were agreed to at the outset of employment or during the course of employment. This subsection allows the recovery of damages only to prevent the enforcement of those provisions. This subsection does not apply to a nondisclosure or nondisparagement provision contained in an agreement to settle a legal claim.
[ 2022 c 133 s 2. ]
NOTES:
Intent—2022 c 133: "The legislature recognizes that there exists a strong public policy in favor of the disclosure of illegal discrimination, illegal harassment, illegal retaliation, wage and hour violations, and sexual assault, that is recognized as illegal under Washington state, federal, or common law, or that is recognized as against a clear mandate of public policy, that occurs at the workplace, at work-related events coordinated by or through the employer, between employees, or between an employer and an employee, whether on or off the employment premises. Nondisclosure and nondisparagement provisions in agreements between employers and current, former, prospective employees, and independent contractors have become routine and perpetuate illegal conduct by silencing those who are victims or who have knowledge of illegal discrimination, illegal harassment, illegal retaliation, wage and hour violations, or sexual assault. It is the intent of the legislature to prohibit nondisclosure and nondisparagement provisions in agreements, which defeat the strong public policy in favor of disclosure." [ 2022 c 133 s 1.]
(1)(a) It is unlawful for an employer to obtain individually identifiable information regarding an employee's participation in an employee assistance program. Individually identifiable information gathered in the process of conducting an employee assistance program must be kept confidential.
(b) Subsection (1)(a) of this section does not apply to:
(i) Authorized disclosures under RCW 41.04.730;
(ii) Disclosures to an employer regarding an employee's attendance in an employee assistance program, which the employee was required to attend as a condition of continued employment; and
(ii) [(iii)] Disclosures that are:
(A) Made to prevent or lessen a perceived threat to the health or safety of an individual or the public; or
(B) Permitted or required under RCW 18.225.105, 70.02.050, or 71.05.120.
(2) An employee's participation or nonparticipation in an employee assistance program must not be a factor in a decision affecting an employee's job security, promotional opportunities, corrective or disciplinary action, or other employment rights.
[ 2022 c 11 s 1. ]
(1) Except as provided in subsection (2) of this section:
(a) An employer or an employer's agent may not search the privately owned vehicles of employees located on the employer's parking lots or garages or located on the access road to the employer's parking lots or garages.
(b) An employee may possess any of the employee's private property within the employee's vehicle, unless possession of such property is otherwise prohibited by law.
(c) An employer must not require, as a condition of employment, that an employee or prospective employee waive the protections of (a) or (b) of this subsection.
(2) This section does not apply:
(a) To vehicles owned or leased by an employer;
(b) To lawful searches by law enforcement officers;
(c) When the employer requires or authorizes the employee to use the employee's personal vehicle for work-related activities and the employer needs to inspect the vehicle to ensure the vehicle is suited to conduct the work-related activities;
(d) When a reasonable person would believe that accessing vehicles of an employee is necessary to prevent an immediate threat to human health, life, or safety;
(e) When an employee consents to a search of his or her privately owned vehicle by the business owner, owner's agent, or a licensed private security guard based on probable cause that the employee unlawfully possesses: (i) Employer property; or (ii) a controlled substance in violation of both federal law and the employer's written policy prohibiting drug use. The employee's consent must be given immediately prior to the search, and the employer may not require that the employee waive consent as a condition of employment. Upon consent, the employee has the right to select a witness to be present for the search;
(f) To security inspections of vehicles on state and federal military installations and facilities;
(g) To vehicles located on the premises of a state correctional institution, as defined in RCW 9.94.049; or
(h) To specific employer areas subject to searches under state or federal law.
(3) For purposes of this section, the terms "probable cause" and "private property" have their usual meaning under state and federal law.
(4) An employer may not take any adverse action against an employee for exercising any right under this section. An adverse action means any action taken or threatened by an employer against an employee for exercising the employee's rights under this section, and may include, but are not limited to:
(a) Denying the use of, or delaying, wages or other amounts owed to the employee;
(b) Terminating, suspending, demoting, or denying a promotion;
(c) Reducing the number of work hours for which the employee is scheduled;
(d) Altering the employee's preexisting work schedule;
(e) Reducing the employee's rate of pay; and
(f) Threatening to take, or taking, action based upon the immigration status of an employee or an employee's family member.
[ 2023 c 252 s 1. ]
(1) An employer may not request, require, or coerce any employee to have a microchip implanted in the employee for any reason.
(2) An employee aggrieved by a violation of this section may bring a civil action in a court of competent jurisdiction. The court may award a prevailing employee injunctive relief, actual damages, punitive damages, and reasonable attorneys' fees and costs.
(3) For purposes of this section, the following definitions apply unless the context clearly requires otherwise:
(a) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.
(b) "Employee" means an individual who is employed by the employer or who is an applicant for employment with the employer.
(c) "Microchip" means a product, device, or technology that is subcutaneously implanted in the body of an individual and contains a unique identification number and personal information that can be noninvasively retrieved or transmitted with an external scanning device. "Microchip" does not include a device that is implanted in an individual if the device is used in the diagnosis, monitoring, treatment, or prevention of a health condition, and only transmits such information as is necessary to carry out the diagnosis, monitoring, treatment, or prevention of the health condition.
(d) "Subcutaneously" means beneath the skin. "Subcutaneously" does not include information temporarily attached to the skin by an adhesive strip or bracelet upon which or within which personal information is maintained or stored.
[ 2026 c 25 s 2. ]
NOTES:
Finding—Intent—2026 c 25: "(1) The legislature finds and declares that individual liberty and bodily autonomy are fundamental rights protected by the United States Constitution and the Washington Constitution. Employers should not have the authority to require or coerce invasive procedures as a condition of employment. Technological advances have made it possible to implant microchips and other tracking devices into the human body; however, without clear legal safeguards, such practices threaten personal privacy, individual dignity, and freedom of choice in the workplace.
(2) It is the intent of the legislature to protect employees and job applicants from any form of compelled implantation of microchips or similar technology by employers. Nothing in this act is intended to limit medically necessary implants or devices that are implanted for a legitimate health care purpose and with a patient's voluntary, informed consent.
(3) This act reinforces the principle that decisions about a person's body belong to the individual — not to their employer; and that employers should compete for talent through wages, benefits, and working conditions — not through invasive monitoring technologies. The legislature further intends to provide a private right of action so that individuals harmed by violations of this act may seek redress in court." [ 2026 c 25 s 1.]
(1) It is unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon:
(a) The person's use of cannabis off the job and away from the workplace; or
(b) An employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.
(2) Nothing in this section:
(a) Prohibits an employer from basing initial hiring decisions on scientifically valid drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites;
(b) Affects the rights or obligations of an employer to maintain a drug and alcohol free workplace, or any other rights or obligations of an employer required by federal law or regulation; or
(c) Applies to testing for controlled substances other than preemployment, such as postaccident testing or testing because of a suspicion of impairment or being under the influence of alcohol, controlled substances, medications, or other substances.
(3) This section does not apply to an applicant seeking:
(a) A position requiring a federal government background investigation or security clearance;
(b) A position with a general authority Washington law enforcement agency as defined in RCW 10.93.020;
(c) A position with a fire department, fire protection district, or regional fire protection service authority;
(d) A position as a first responder not included under (b) or (c) of this subsection, including a dispatcher position with a public or private 911 emergency communications system or a position responsible for the provision of emergency medical services;
(e) A position as a corrections officer with a jail, detention facility, or the department of corrections, including any position directly responsible for the custody, safety, and security of persons confined in those facilities;
(f) A position in the airline or aerospace industries; or
(g) A safety sensitive position for which impairment while working presents a substantial risk of death. Such safety sensitive positions must be identified by the employer prior to the applicant's application for employment.
(4)(a) This section does not preempt state or federal laws requiring an applicant to be tested for controlled substances. This includes state or federal laws requiring applicants to be tested, or the way they are tested, as a condition of employment, receiving federal funding or federal licensing-related benefits, or as required by a federal contract.
(b) Employers may require an applicant to be tested for a spectrum of controlled substances, which may include cannabis, as long as the cannabis results are not provided to the employer. Such policies are fully subject to subsection (1) of this section.
(5) For the purposes of this section, "cannabis" has the meaning provided in RCW 69.50.101.
[ 2023 c 359 s 2. ]
NOTES:
Finding—Intent—2023 c 359: "The legislature finds that the legalization of recreational cannabis in Washington state in 2012 created a disconnect between prospective employees' legal activities and employers' hiring practices. Many tests for cannabis show only the presence of nonpsychoactive cannabis metabolites from past cannabis use, including up to 30 days in the past, that have no correlation to an applicant's future job performance. Applicants are much less likely to test positive or be disqualified for the presence of alcohol on a preemployment screening test compared with cannabis, despite both being legally allowed controlled substances. The legislature intends to prevent restricting job opportunities based on an applicant's past use of cannabis." [ 2023 c 359 s 1.]
Effective date—2023 c 359: "This act takes effect January 1, 2024." [ 2023 c 359 s 3.]
(1) Except as provided in subsections (2) and (3) of this section, any employer, including the state and any instrumentality or political subdivision thereof, may not subject or threaten to subject any employee to discipline or discharge, or otherwise penalize or take any adverse employment action against an employee:
(a) On account of the employee's refusal to:
(i) Attend or participate in an employer-sponsored meeting with the employer or its agent, representative, or designee, the primary purpose of which is to communicate the employer's opinion concerning religious or political matters; or
(ii) Listen to speech or view communications, including electronic communications, the primary purpose of which is to communicate the employer's opinion concerning religious or political matters; or
(b) As a means of requiring an employee to attend a meeting or participate in communications described in (a) of this subsection; or
(c) Because the employee, or a person acting on behalf of the employee, makes a good faith report, orally or in writing, of a violation or a suspected violation of this section. This subsection (1)(c) does not apply if the employee knows that the report is false.
(2) This section does not:
(a) Prohibit an employer or its agent, representative, or designee from communicating to its employees any information that the employer is required by law to communicate, but only to the extent of the legal requirement;
(b) Limit the rights of an employer to offer meetings, forums, or other communications about religious or political matters for which attendance or participation is strictly voluntary;
(c) Limit the rights of an employer or its agent, representative, or designee from communicating to its employees any information, or requiring employee attendance at a meeting or other event, that is necessary for the employees to perform their lawfully required job duties; or
(d) Prohibit an employer or its agent, representative, or designee from requiring its employees to attend any training intended to reduce and prevent workplace harassment or discrimination.
(3) The provisions of this section do not apply to a religious corporation, entity, association, educational institution, or society that is exempt from the requirements of Title VII of the civil rights act of 1964 pursuant to 42 U.S.C. Sec. 2000e-1(a), with respect to speech on religious matters to employees who perform work connected with the activities undertaken by such religious corporation, entity, association, educational institution, or society.
(4) An aggrieved employee may bring a civil action in superior court to enforce this section no later than 90 days after the date of the alleged violation. The court may award a prevailing employee all appropriate relief, including injunctive relief, reinstatement to the employee's former position or an equivalent position, back pay and reestablishment of any employee benefits, including seniority, to which the employee would otherwise have been eligible if the violation had not occurred, and any other appropriate relief as considered necessary by the court.
(5) An employer subject to this section must post a notice of employee rights under this section in a place normally reserved for employment-related notices and in a place commonly frequented by employees.
(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Political matters" means matters relating to elections for political office, political parties, proposals to change legislation, proposals to change regulations, and the decision to join or support any political party or political, civic, community, fraternal, or labor association or organization.
(b) "Religious matters" means matters relating to religious affiliation and practice, and the decision to join or support any religious organization or association.
[ 2024 c 357 s 2. ]
NOTES:
Intent—2024 c 357: "(1) The legislature recognizes that freedom of speech is a foundational ideal that is core to this nation's identity.
(2) The legislature intends that workers be protected from retaliation by certain employers when the worker chooses to perform their job duties instead of listening to the employer's speech on political or religious matters." [ 2024 c 357 s 1.]
Short title—2024 c 357: "This act may be known and cited as the employee free choice act." [ 2024 c 357 s 3.]
(1) A city with a population of more than 650,000 or a county with a population of more than 2,000,000 may not adopt or enforce ordinances or regulations that:
(a) Limit or prohibit an entertainer from collecting payment for adult entertainment from customers; or
(b) Restrict an entertainer's proximity or distance from others before or after any adult entertainment, or restrict the customer's proximity or distance from the stage during any adult entertainment, so long as there is no contact between the dancers and customers.
(2) For the purposes of this section:
(a) "Entertainer" has the same meaning as in RCW 49.17.470.
(b) "Entertainment" has the same meaning as "adult entertainment" in RCW 49.17.470.
(c) "Establishment" has the same meaning as "adult entertainment establishment" in RCW 49.17.470.
[ 2024 c 250 s 3. ]
NOTES:
Rule repeal—2024 c 250: See note following RCW 66.24.720.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Affected employee" means an employee who may reasonably expect to experience an employment loss because of a proposed business closing or mass layoff by an employer.
(2) "Aggrieved employee" means an employee who has worked for the employer ordering the business closing or mass layoff and who, because of the employer's failure to comply with the requirements of chapter 277, Laws of 2025, did not receive timely notice either directly or through the employee's representative.
(3) "Bargaining representative" means an exclusive representative of employees under the national labor relations act, 29 U.S.C. Sec. 151 et seq., or the railway labor act, 45 U.S.C. Sec. 151 et seq.
(4) "Business closing" means the permanent or temporary shutdown of a single site of employment of one or more facilities or operating units that will result in an employment loss for 50 or more employees, excluding part-time employees.
(5) "Commissioner" means the commissioner of the employment security department.
(6) "Department" means the employment security department.
(7) "Employee" means a person employed in this state by an employer. "Employee" includes part-time employees.
(8) "Employer" means a person who employs 50 or more employees in this state, excluding part-time employees. "Employer" does not include the state or any political subdivision thereof, including any unit of local government, or any Indian tribe, as defined in section 3306(u) of the federal unemployment tax act.
(9)(a) "Employment loss" means:
(i) An employment termination, other than a discharge for cause, voluntary separation, or retirement;
(ii) A layoff exceeding six months; or
(iii) A reduction in hours of more than 50 percent of work of individual employees during each month of a six-month period.
(b) "Employment loss" does not include instances when a business closing or mass layoff is the result of the relocation or consolidation of part or all of the employer's business and, before the business closing or mass layoff, the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance, as defined by the department, with no more than a six-month break in employment.
(10) "Mass layoff" means a reduction in employment force that is not the result of a business closing and results in an employment loss during any 30-day period of 50 or more employees, excluding part-time employees.
(11) "Part-time employee" means an employee who is employed for an average of fewer than 20 hours per week, or an employee who has been employed for fewer than six of the twelve months preceding the date on which notice is required. However, if an applicable collective bargaining agreement defines a part-time employee, such definition shall supersede the definition in this subsection.
(12) "Single site of employment" means a single location or a group of contiguous locations, such as a group of structures that form a campus or business park or separate facilities across the street from each other.
[ 2026 c 86 s 1; 2025 c 277 s 1. ]
NOTES:
Effective date—2026 c 86: See note following RCW 42.56.230.
(1)(a) Subject to RCW 49.45.030, an employer may not order a business closing or a mass layoff until the end of a 60-day period that begins after the employer, pursuant to this section, serves written notice of such action to the department and to the affected employee or, if the employee is represented by a union, to the employee's bargaining representative.
(b) An employer who has previously announced and carried out a short-term mass layoff of three months or less that is extended beyond three months due to business circumstances not reasonably foreseeable at the time of the initial mass layoff is required to give notice when it becomes reasonably foreseeable that the extension is required. A mass layoff extending beyond three months from the date the mass layoff commenced for any other reason must be treated as an employment loss from the date of commencement of the initial mass layoff.
(c) In the case of the sale of part or all of a business, the seller is responsible for providing notice of any business closing or mass layoff which will take place up to and on the effective date of the sale. The buyer is responsible for providing notice of any business closing or mass layoff that will take place thereafter.
(2) Notice from the employer to the department and affected employees or, if the employees are represented, the employees' bargaining representative must be in written form, include the elements required, as they exist on July 27, 2025, by the federal worker adjustment and retraining notification act, 29 U.S.C. Sec. 2101 et seq., and include the following:
(a) The name and address of the employment site where the business closing or mass layoff will occur, and the name and contact information of a company official to contact for further information;
(b) A statement whether the planned action is expected to be permanent or temporary and, if the entire business is to be closed, a statement to that effect. If the planned action is expected to be temporary, the statement must also include whether the planned action is expected to last longer or shorter than three months;
(c) The expected date of the first employment loss and the anticipated schedule for employment losses;
(d) The job titles of positions to be affected;
(e) Whether the mass layoff or business closing is the result of, or will result in, the relocation or contracting out of the employer's operations or the employees' positions; and
(f) For the notice provided to the department and, if the employees are represented, the employees' bargaining representative, the names and addresses of the employees currently holding the affected job.
(3) The employer must provide additional notice of the date or schedule of dates of a planned business closing or mass layoff extended beyond the date of any period announced in the original notice.
[ 2026 c 86 s 2; 2025 c 277 s 2. ]
NOTES:
Effective date—2026 c 86: See note following RCW 42.56.230.
(1) An employer is not required to comply with the notice requirements under RCW 49.45.020 if:
(a)(i) At the time the notice would have been required, the employer was actively seeking capital or business;
(ii) The capital or business sought, if obtained, would have enabled the employer to avoid or postpone the business closing or mass layoff; and
(iii) The employer reasonably and in good faith believed that giving the notice required by RCW 49.45.020 would have precluded the employer from obtaining the needed capital or business;
(b) The mass layoff or business closing is caused by business circumstances that were not reasonably foreseeable at the time the notice would have been required. The unforeseeable business circumstances must be caused by a sudden, dramatic, and unexpected action or condition outside of the employer's control;
(c) The mass layoff or business closing is due to a natural disaster, such as a flood, earthquake, drought, storm, tornado, or similar effects of nature; or
(d) The mass layoff occurs at:
(i) A construction project and the affected employees were hired with the understanding that their employment was limited to the duration of a particular portion of that construction project; or
(ii) A multiemployer construction project and the only affected employees are subject to a full union referral or dispatch system.
(2) If an exception under this section applies for only part of the 60-day notice window, notice is required at the time the exception no longer applies. If notice is not provided, the employer is liable for each day notice is not provided pursuant to RCW 49.45.040 and 49.45.050.
(3) The department may not determine an exception under this section applies unless the employer meets the documentation and other requirements established by the department pursuant to RCW 49.45.070.
[ 2025 c 277 s 3. ]
(1) An employer that orders a business closing or mass layoff without providing a notice required by RCW 49.45.020 is liable to each aggrieved employee who suffers an employment loss because of the closing or layoff for:
(a) Back pay for each day of violation not less than the higher of:
(i) The average regular rate of compensation received by the employee during the last three years of the employee's employment; or
(ii) The employee's final rate of compensation; and
(b) The value of the cost of any benefits to which the employee would have been entitled had their employment not been lost, including the cost of any medical expenses incurred by the employee that would have been covered under an employee benefit plan.
(2) Liability under this section must be calculated for the period of the employer's violation up to a maximum of 60 days.
(3) The amount for which an employer is liable under this section must be reduced by:
(a) Any wages paid by the employer to the employee during the period of the violation;
(b) Any voluntary and unconditional payment by the employer to the employee that is not required by any legal obligation;
(c) The amount paid to the employee pursuant to the federal worker adjustment and retraining notification act, 29 U.S.C. Sec. 2101 et seq.; and
(d) Any payment by the employer to a third party or trustee, such as premiums for health benefits or payments to a defined contribution pension plan, on behalf and attributable to the employee for the period of the violation.
(4)(a) The department, an aggrieved employee, or the bargaining representative of the aggrieved employee may bring a civil action on behalf of the person, other persons similarly situated, or both, in any court of competent jurisdiction within three years of the alleged violation. The court may award reasonable attorneys' fees as part of costs to any plaintiff who prevails in a civil action brought under this chapter.
(b) If the court determines that an employer conducted a reasonable investigation in good faith and had reasonable grounds to believe that its conduct was not a violation of this chapter, the court may reduce the amount of any penalty it would otherwise impose against the employer under this chapter.
(c) This chapter does not grant any court the authority to enjoin a mass layoff or business closing.
[ 2025 c 277 s 4. ]
(1) An employer who fails to give the notice required by RCW 49.45.020 to the department is subject to a civil penalty of not more than $500 for each day of the employer's violation. However, the employer is not subject to a civil penalty under this section if the employer pays to all applicable employees the amounts for which the employer is liable under RCW 49.45.040 within three weeks from the date the employer orders the mass layoff, relocation, or termination.
(2) Any civil penalty paid by the employer under the federal worker adjustment and retraining notification act, 29 U.S.C. Sec. 2101 et seq., must be considered a payment of the civil penalty under this section.
(3) All penalties recovered under this section must be paid into the state treasury and credited to the general fund.
[ 2025 c 277 s 5. ]
Except in the cases exempted under RCW 49.45.030(1) (b) through (d), an employer may not include an employee in an order of a mass layoff if the employee is currently on paid family or medical leave under Title 50A RCW.
[ 2025 c 277 s 6. ]
The department shall administer and enforce the provisions of this chapter and may adopt rules to carry out its purpose. Rules adopted pursuant to this section must include documentation requirements for the exceptions in RCW 49.45.030.
[ 2025 c 277 s 7. ]
Chapter 277, Laws of 2025 may be known and cited as the securing timely notification and benefits for laid-off employees act.
[ 2025 c 277 s 8. ]
(1) Whereas the establishment of a minimum wage for employees is a subject of vital and imminent concern to the people of this state and requires appropriate action by the legislature to establish minimum standards of employment within the state of Washington, therefore the legislature declares that in its considered judgment the health, safety and the general welfare of the citizens of this state require the enactment of this measure, and exercising its police power, the legislature endeavors by this chapter to establish a minimum wage for employees of this state to encourage employment opportunities within the state. The provisions of this chapter are enacted in the exercise of the police power of the state for the purpose of protecting the immediate and future health, safety and welfare of the people of this state.
(2) Since the enactment of Washington's original minimum wage act, the legislature and the people have repeatedly amended this chapter to establish and enforce modern fair labor standards, including periodically updating the minimum wage and establishing the forty-hour workweek and the right to overtime pay.
(3) The people hereby amend this chapter to conform to modern fair labor standards by establishing a fair minimum wage and the right to paid sick leave to protect public health and allow workers to care for the health of themselves and their families.
[ 2017 c 2 s 2 (Initiative Measure No. 1433, approved November 8, 2016); 1961 ex.s. c 18 s 1. ]
NOTES:
Intent—2017 c 2 (Initiative Measure No. 1433): "It is the intent of the people to establish fair labor standards and protect the rights of workers by increasing the hourly minimum wage to $11.00 (2017), $11.50 (2018), $12.00 (2019)[,] and $13.50 (2020), and requiring employers to provide employees with paid sick leave to care for the health of themselves and their families." [ 2017 c 2 s 1 (Initiative Measure No. 1433, approved November 8, 2016).]
Effective date—2017 c 2 (Initiative Measure No. 1433): "This act takes effect on January 1, 2017." [ 2017 c 2 s 14 (Initiative Measure No. 1433, approved November 8, 2016).]
As used in this chapter:
(1) "Coercion" means a threat to compel or induce a person to engage in conduct which the person has a legal right to abstain from, or to abstain from conduct in which the person has a legal right to engage in;
(2) "Director" means the director of labor and industries;
(3) "Employ" includes to permit to work;
(4) "Employee" includes any individual employed by an employer but shall not include:
(a) Any individual (i) employed as a hand harvest laborer and paid on a piece rate basis in an operation which has been, and is generally and customarily recognized as having been, paid on a piece rate basis in the region of employment; (ii) who commutes daily from his or her permanent residence to the farm on which he or she is employed; and (iii) who has been employed in agriculture less than thirteen weeks during the preceding calendar year;
(b) Any individual employed in casual labor in or about a private home, unless performed in the course of the employer's trade, business, or profession;
(c) Any individual employed in a bona fide executive, administrative, or professional capacity or in the capacity of outside salesperson as those terms are defined and delimited by rules of the director. However, those terms shall be defined and delimited by the human resources director pursuant to chapter 41.06 RCW for employees employed under the director of personnel's jurisdiction;
(d) Any individual engaged in the activities of an educational, charitable, religious, state or local governmental body or agency, or nonprofit organization where the employer-employee relationship does not in fact exist or where the services are rendered to such organizations gratuitously. If the individual receives reimbursement in lieu of compensation for normally incurred out-of-pocket expenses or receives a nominal amount of compensation per unit of voluntary service rendered, an employer-employee relationship is deemed not to exist for the purpose of this section or for purposes of membership or qualification in any state, local government, or publicly supported retirement system other than that provided under chapter 41.24 RCW;
(e) Any individual employed full time by any state or local governmental body or agency who provides voluntary services but only with regard to the provision of the voluntary services. The voluntary services and any compensation therefor shall not affect or add to qualification, entitlement, or benefit rights under any state, local government, or publicly supported retirement system other than that provided under chapter 41.24 RCW;
(f) Any newspaper vendor, carrier, or delivery person selling or distributing newspapers on the street, to offices, to businesses, or from house to house and any freelance news correspondent or "stringer" who, using his or her own equipment, chooses to submit material for publication for free or a fee when such material is published;
(g) Any carrier subject to regulation by Part 1 of the Interstate Commerce Act;
(h) Any individual engaged in forest protection and fire prevention activities;
(i) Any individual employed by any charitable institution charged with child care responsibilities engaged primarily in the development of character or citizenship or promoting health or physical fitness or providing or sponsoring recreational opportunities or facilities for young people or members of the armed forces of the United States;
(j) Any individual whose duties require that he or she reside or sleep at the place of his or her employment or who otherwise spends a substantial portion of his or her work time subject to call, and not engaged in the performance of active duties;
(k) Any resident, inmate, or patient of a state, county, or municipal correctional, detention, treatment or rehabilitative institution;
(l) Any individual who holds a public elective or appointive office of the state, any county, city, town, municipal corporation or quasi municipal corporation, political subdivision, or any instrumentality thereof, or any employee of the state legislature;
(m) All vessel operating crews of the Washington state ferries operated by the department of transportation;
(n) Any individual employed as a seaman on a vessel other than an American vessel;
(o) Any farm intern providing his or her services to a small farm which has a special certificate issued under RCW 49.12.471;
(p) An individual who is at least 16 years old but under twenty-one years old, in his or her capacity as a player for a junior ice hockey team that is a member of a regional, national, or international league and that contracts with an arena owned, operated, or managed by a public facilities district created under chapter 36.100 RCW; or
(q) Any individual who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for wages and working conditions;
(5) "Employer" includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee;
(6) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed;
(7) "Retail or service establishment" means an establishment seventy-five percent of whose annual dollar volume of sales of goods or services, or both, is not for resale and is recognized as retail sales or services in the particular industry;
(8) "Threat" means any implicit or explicit communication specifically pertaining to an employee's or an employee's family member's immigration status that is made by the employer to deter an employee from engaging in protected activities or exercising a right under this chapter, chapter 49.12, 49.30, or 49.48 RCW, or any rules issued by the department of labor and industries pursuant to those chapters;
(9) "Wage" means compensation due to an employee by reason of employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by rules of the director.
[ 2025 c 236 s 1; 2024 c 132 s 1; 2023 c 269 s 3; 2020 c 212 s 3. Prior: 2015 c 299 s 3; prior: (2014 c 131 s 2 expired December 31, 2019); 2013 c 141 s 1; prior: 2011 1st sp.s. c 43 s 462; (2011 1st sp.s. c 43 s 461 expired December 31, 2011); prior: (2010 c 160 s 2 expired December 31, 2011); 2010 c 8 s 12040; 2002 c 354 s 231; 1997 c 203 s 3; 1993 c 281 s 56; 1989 c 1 s 1 (Initiative Measure No. 518, approved November 8, 1988); 1984 c 7 s 364; 1977 ex.s. c 69 s 1; 1975 1st ex.s. c 289 s 1; 1974 ex.s. c 107 s 1; 1961 ex.s. c 18 s 2; 1959 c 294 s 1. ]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Rules—Effective date—2025 c 236: See notes following RCW 49.46.370.
Findings—Effective date—2023 c 269: See notes following RCW 49.12.471.
Effective date—2020 c 212: See note following RCW 49.12.471.
Expiration date—2017 c 150: "2014 c 131 s 2 expires December 31, 2019." [ 2017 c 150 s 3.]
Expiration date—2017 c 150; 2014 c 131: "This act expires December 31, 2019." [ 2017 c 150 s 2; 2014 c 131 s 5.]
Recognition—Intent—2015 c 299: See note following RCW 49.12.005.
Effective date—2011 1st sp.s. c 43 s 462: "Section 462 of this act takes effect December 31, 2011." [ 2011 1st sp.s. c 43 s 484.]
Expiration date—2011 1st sp.s. c 43 s 461: "Section 461 of this act expires December 31, 2011." [ 2011 1st sp.s. c 43 s 483.]
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Expiration date—2010 c 160: "This act expires December 31, 2011." [ 2010 c 160 s 6.]
Short title—Headings, captions not law—Severability—Effective dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Construction—1997 c 203: See note following RCW 49.46.130.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—1989 c 1 (Initiative Measure No. 518, approved November 8, 1988): "This act shall take effect January 1, 1989." [ 1989 c 1 s 5.]
Effect of offset of military pay on status of bona fide executive, administrative, and professional employees: RCW 73.16.080.
PDFRCW 49.46.010
Definitions. (Effective July 1, 2027.)
As used in this chapter:
(1) "Coercion" means a threat to compel or induce a person to engage in conduct which the person has a legal right to abstain from, or to abstain from conduct in which the person has a legal right to engage in;
(2) "Director" means the director of labor and industries;
(3) "Employ" includes to permit to work;
(4) "Employee" includes any individual employed by an employer but shall not include:
(a) Any individual (i) employed as a hand harvest laborer and paid on a piece rate basis in an operation which has been, and is generally and customarily recognized as having been, paid on a piece rate basis in the region of employment; (ii) who commutes daily from his or her permanent residence to the farm on which he or she is employed; and (iii) who has been employed in agriculture less than thirteen weeks during the preceding calendar year;
(b) Any individual employed in casual labor in or about a private home, unless performed in the course of the employer's trade, business, or profession;
(c) Any individual employed in a bona fide executive, administrative, or professional capacity or in the capacity of outside salesperson as those terms are defined and delimited by rules of the director. However, those terms shall be defined and delimited by the human resources director pursuant to chapter 41.06 RCW for employees employed under the director of personnel's jurisdiction;
(d) Any individual engaged in the activities of an educational, charitable, religious, state or local governmental body or agency, or nonprofit organization where the employer-employee relationship does not in fact exist or where the services are rendered to such organizations gratuitously. If the individual receives reimbursement in lieu of compensation for normally incurred out-of-pocket expenses or receives a nominal amount of compensation per unit of voluntary service rendered, an employer-employee relationship is deemed not to exist for the purpose of this section or for purposes of membership or qualification in any state, local government, or publicly supported retirement system other than that provided under chapter 41.24 RCW;
(e) Any individual employed full time by any state or local governmental body or agency who provides voluntary services but only with regard to the provision of the voluntary services. The voluntary services and any compensation therefor shall not affect or add to qualification, entitlement, or benefit rights under any state, local government, or publicly supported retirement system other than that provided under chapter 41.24 RCW;
(f) Any newspaper vendor, carrier, or delivery person selling or distributing newspapers on the street, to offices, to businesses, or from house to house and any freelance news correspondent or "stringer" who, using his or her own equipment, chooses to submit material for publication for free or a fee when such material is published;
(g) Any carrier subject to regulation by Part 1 of the Interstate Commerce Act;
(h) Any individual engaged in forest protection and fire prevention activities;
(i) Any individual employed by any charitable institution charged with child care responsibilities engaged primarily in the development of character or citizenship or promoting health or physical fitness or providing or sponsoring recreational opportunities or facilities for young people or members of the armed forces of the United States;
(j) Any individual whose duties require that he or she reside or sleep at the place of his or her employment or who otherwise spends a substantial portion of his or her work time subject to call and not engaged in the performance of active duties, except this exemption does not apply to any individual employed by an employer as a domestic worker as defined under RCW 49.96.010;
(k) Any resident, inmate, or patient of a state, county, or municipal correctional, detention, treatment or rehabilitative institution;
(l) Any individual who holds a public elective or appointive office of the state, any county, city, town, municipal corporation or quasi municipal corporation, political subdivision, or any instrumentality thereof, or any employee of the state legislature;
(m) All vessel operating crews of the Washington state ferries operated by the department of transportation;
(n) Any individual employed as a seaman on a vessel other than an American vessel;
(o) Any farm intern providing his or her services to a small farm which has a special certificate issued under RCW 49.12.471;
(p) An individual who is at least 16 years old but under twenty-one years old, in his or her capacity as a player for a junior ice hockey team that is a member of a regional, national, or international league and that contracts with an arena owned, operated, or managed by a public facilities district created under chapter 36.100 RCW; or
(q) Any individual who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for wages and working conditions;
(5) "Employer" includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee;
(6) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed;
(7) "Retail or service establishment" means an establishment seventy-five percent of whose annual dollar volume of sales of goods or services, or both, is not for resale and is recognized as retail sales or services in the particular industry;
(8) "Threat" means any implicit or explicit communication specifically pertaining to an employee's or an employee's family member's immigration status that is made by the employer to deter an employee from engaging in protected activities or exercising a right under this chapter, chapter 49.12, 49.30, or 49.48 RCW, or any rules issued by the department of labor and industries pursuant to those chapters;
(9) "Wage" means compensation due to an employee by reason of employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by rules of the director.
[ 2026 c 15 s 13. Prior: 2025 c 236 s 1; 2024 c 132 s 1; 2023 c 269 s 3; 2020 c 212 s 3; prior: 2015 c 299 s 3; prior: (2014 c 131 s 2 expired December 31, 2019); 2013 c 141 s 1; prior: 2011 1st sp.s. c 43 s 462; (2011 1st sp.s. c 43 s 461 expired December 31, 2011); prior: (2010 c 160 s 2 expired December 31, 2011); 2010 c 8 s 12040; 2002 c 354 s 231; 1997 c 203 s 3; 1993 c 281 s 56; 1989 c 1 s 1 (Initiative Measure No. 518, approved November 8, 1988); 1984 c 7 s 364; 1977 ex.s. c 69 s 1; 1975 1st ex.s. c 289 s 1; 1974 ex.s. c 107 s 1; 1961 ex.s. c 18 s 2; 1959 c 294 s 1.]
Effective date—2026 c 15: See note following RCW 49.96.010.
Rules—Effective date—2025 c 236: See notes following RCW 49.46.370.
Findings—Effective date—2023 c 269: See notes following RCW 49.12.471.
Effective date—2020 c 212: See note following RCW 49.12.471.
Expiration date—2017 c 150: "2014 c 131 s 2 expires December 31, 2019." [ 2017 c 150 s 3.]
Expiration date—2017 c 150; 2014 c 131: "This act expires December 31, 2019." [ 2017 c 150 s 2; 2014 c 131 s 5.]
Recognition—Intent—2015 c 299: See note following RCW 49.12.005.
Effective date—2011 1st sp.s. c 43 s 462: "Section 462 of this act takes effect December 31, 2011." [ 2011 1st sp.s. c 43 s 484.]
Expiration date—2011 1st sp.s. c 43 s 461: "Section 461 of this act expires December 31, 2011." [ 2011 1st sp.s. c 43 s 483.]
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Expiration date—2010 c 160: "This act expires December 31, 2011." [ 2010 c 160 s 6.]
Short title—Headings, captions not law—Severability—Effective dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Construction—1997 c 203: See note following RCW 49.46.130.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—1989 c 1 (Initiative Measure No. 518, approved November 8, 1988): "This act shall take effect January 1, 1989." [ 1989 c 1 s 5.]
Effect of offset of military pay on status of bona fide executive, administrative, and professional employees: RCW 73.16.080.
(1)(a) Beginning January 1, 2017, and until January 1, 2018, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than eleven dollars per hour.
(b) Beginning January 1, 2018, and until January 1, 2019, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than eleven dollars and fifty cents per hour.
(c) Beginning January 1, 2019, and until January 1, 2020, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than twelve dollars per hour.
(d) Beginning January 1, 2020, and until January 1, 2021, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than thirteen dollars and fifty cents per hour.
(2)(a) Beginning on January 1, 2021, and each following January 1st as set forth under (b) of this subsection, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than the amount established under (b) of this subsection.
(b) On September 30, 2020, and on each following September 30th, the department of labor and industries shall calculate an adjusted minimum wage rate to maintain employee purchasing power by increasing the current year's minimum wage rate by the rate of inflation. The adjusted minimum wage rate shall be calculated to the nearest cent using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index, for the twelve months prior to each September 1st as calculated by the United States department of labor. Each adjusted minimum wage rate calculated under this subsection (2)(b) takes effect on the following January 1st.
(3) An employer must pay to its employees: (a) All tips and gratuities; and (b) all service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.
(4) Beginning January 1, 2018, except as provided in RCW 49.46.180, every employer must provide to each of its employees paid sick leave as provided in RCW 49.46.200 and 49.46.210.
(5) The director shall by regulation establish the minimum wage for employees under the age of eighteen years.
[ 2019 c 236 s 2; 2017 c 2 s 3 (Initiative Measure No. 1433, approved November 8, 2016); 1999 c 1 s 1 (Initiative Measure No. 688, approved November 3, 1998); 1993 c 309 s 1; 1989 c 1 s 2 (Initiative Measure No. 518, approved November 8, 1988); 1975 1st ex.s. c 289 s 2; 1973 2nd ex.s. c 9 s 1; 1967 ex.s. c 80 s 1; 1961 ex.s. c 18 s 3; 1959 c 294 s 2. ]
NOTES:
Findings—2019 c 236: "The legislature finds that Initiative 1433 is a good law approved by the voters to establish sick leave benefits for workers. The law creates necessary worker protections while simultaneously reducing the spread of communicable sickness and disease and addressing other public health and safety concerns.
However, the legislature finds that this new law does not provide for flexibility and portability of benefits for construction workers who may work for multiple employers and who already negotiate wages and benefits with their employers. Workers covered under a collective bargaining agreement for the construction industry should be allowed the ability to negotiate comparable benefits that ensures that eligibility can be achieved and that the benefits are portable from employer to employer." [ 2019 c 236 s 1.]
Intent—Effective date—2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005.
Effective date—1993 c 309: "This act shall take effect January 1, 1994." [ 1993 c 309 s 2.]
Effective date—1989 c 1 (Initiative Measure No. 518): See note following RCW 49.46.010.
Notification of employers: RCW 49.46.140.
(1) The director or his or her designated representatives may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this chapter, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he or she may deem necessary or appropriate to determine whether any person has violated any provision of this chapter, or which may aid in the enforcement of the provisions of this chapter.
(2) With the consent and cooperation of federal agencies charged with the administration of federal labor laws, the director may, for the purpose of carrying out his or her functions and duties under this chapter, utilize the services of federal agencies and their employees and, notwithstanding any other provision of law, may reimburse such federal agencies and their employees for services rendered for such purposes.
(3) Every employer subject to any provision of this chapter or of any order issued under this chapter shall make, keep, and preserve such records of the persons employed by him or her and of the wages, hours, and other conditions and practices of employment maintained by him or her, and shall preserve such records for such periods of time, and shall make reports therefrom to the director as he or she shall prescribe by regulation as necessary or appropriate for the enforcement of the provisions of this chapter or the regulations thereunder.
(4) The director is authorized to make such regulations regulating, restricting, or prohibiting industrial homework as are necessary or appropriate to prevent the circumvention or evasion of and to safeguard the minimum wage rate prescribed in this chapter, and all existing regulations of the director relating to industrial homework are hereby continued in full force and effect.
[ 2010 c 8 s 12041; 1959 c 294 s 4. ]
Subject to RCW 49.46.170, the director, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulations provide for (1) the employment of learners, of apprentices, and of messengers employed primarily in delivering letters and messages, under special certificates issued pursuant to regulations of the director, at such wages lower than the minimum wage applicable under RCW 49.46.020 and subject to such limitations as to time, number, proportion, and length of service as the director shall prescribe, and (2) the employment of individuals whose earning capacity is impaired by a disability, under special certificates issued by the director, at such wages lower than the minimum wage applicable under RCW 49.46.020 and for such period as shall be fixed in such certificates.
[ 2021 c 97 s 2; 1959 c 294 s 6. ]
When an individual volunteers his or her labor to a state or local governmental body or agency and receives pursuant to a statute or policy or an ordinance or resolution adopted by or applicable to the state or local governmental body or agency reimbursement in lieu of compensation at a nominal rate for normally incurred expenses or receives a nominal amount of compensation per unit of voluntary service rendered such reimbursement or compensation shall not be deemed a salary for the rendering of services or for purposes of granting, affecting or adding to any qualification, entitlement or benefit rights under any state, local government or publicly supported retirement system other than that provided under chapter 41.24 RCW.
[ 1977 ex.s. c 69 s 2. ]
(1) Every employer subject to any provision of this chapter or of any regulation issued under this chapter shall make, and keep in or about the premises wherein any employee is employed, a record of the name, address, and occupation of each of his or her employees, the rate of pay, and the amount paid each pay period to each such employee, the hours worked each day and each workweek by such employee, and such other information as the director shall prescribe by regulation as necessary or appropriate for the enforcement of the provisions of this chapter or of the regulations thereunder. Such records shall be open for inspection or transcription by the director or his or her authorized representative at any reasonable time. Every such employer shall furnish to the director or to his or her authorized representative on demand a sworn statement of such records and information upon forms prescribed or approved by the director.
(2) Notwithstanding any other provision of this chapter, the provisions of this section apply to individuals covered by *RCW 49.46.010(3)(q) with the exception of records related to the hours worked each day and each workweek by such employee or employees, the time of day and day of week each workweek begins, and any other similar information that the director shall prescribe by regulation as necessary or appropriate related to records of hours worked for such individuals.
[ 2024 c 132 s 2; 2010 c 8 s 12042; 1959 c 294 s 7. ]
NOTES:
*Reviser's note: RCW 49.46.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (3) to subsection (4).
(1) As new regulations or changes or modification of previously established regulations are proposed, the director shall call a public hearing for the purpose of the consideration and establishment of such regulations following the procedures used in the promulgation of standards of safety under chapter 49.17 RCW.
(2) Any interested party may obtain a review of the director's findings and order in the superior court of county of petitioners' residence by filing in such court within sixty days after the date of publication of such regulation a written petition praying that the regulation be modified or set aside. A copy of such petition shall be served upon the director. The finding of facts, if supported by evidence, shall be conclusive upon the court. The court shall determine whether the regulation is in accordance with law. If the court determines that such regulation is not in accordance with law, it shall remand the case to the director with directions to modify or revoke such regulation. If application is made to the court for leave to adduce additional evidence by any aggrieved party, such party shall show to the satisfaction of the court that such additional evidence is material, and that there were reasonable grounds for the failure to adduce such evidence before the director. If the court finds that such evidence is material and that reasonable grounds exist for failure of the aggrieved party to adduce such evidence in prior proceedings, the court may remand the case to the director with directions that such additional evidence be taken before the director. The director may modify the findings and conclusions, in whole or in part, by reason of such additional evidence.
(3) The judgment and decree of the court shall be final except that it shall be subject to review by the supreme court or the court of appeals as in other civil cases.
(4) The proceedings under this section shall not, unless specifically ordered by the court, operate as a stay of an administrative regulation issued under the provisions of this chapter. The court shall not grant any stay of an administrative regulation unless the person complaining of such regulation shall file in the court an undertaking with a surety or sureties satisfactory to the court for the payment to the employees affected by the regulation, in the event such regulation is affirmed, of the amount by which the compensation such employees are entitled to receive under the regulation exceeds the compensation they actually receive while such stay is in effect.
[ 1983 c 3 s 157; 1971 c 81 s 117; 1959 c 294 s 8. ]
(1) Any employer who pays any employee less than the amounts to which such employee is entitled under or by virtue of this chapter, shall be liable to such employee affected for the full amount due to such employee under this chapter, less any amount actually paid to such employee by the employer, and for costs and such reasonable attorney's fees as may be allowed by the court. Any agreement between such employee and the employer allowing the employee to receive less than what is due under this chapter shall be no defense to such action.
(2) At the written request of any employee paid less than the amounts to which he or she is entitled under or by virtue of this chapter, the director may take an assignment under this chapter or as provided in RCW 49.48.040 of such claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, and the employer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court.
[ 2017 c 2 s 7 (Initiative Measure No. 1433, approved November 8, 2016); 2010 c 8 s 12043; 1959 c 294 s 9. ]
NOTES:
Intent—Effective date—2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005.
(1) Any employer who hinders or delays the director or his or her authorized representatives in the performance of his or her duties in the enforcement of this chapter, or refuses to admit the director or his or her authorized representatives to any place of employment, or fails to make, keep, and preserve any records as required under the provisions of this chapter, or falsifies any such record, or refuses to make any record accessible to the director or his or her authorized representatives upon demand, or refuses to furnish a sworn statement of such record or any other information required for the proper enforcement of this chapter to the director or his or her authorized representatives upon demand, or pays or agrees to pay an employee less than the employee is entitled to under this chapter, or otherwise violates any provision of this chapter or of any regulation issued under this chapter shall be deemed in violation of this chapter and shall, upon conviction therefor, be guilty of a gross misdemeanor.
(2) Any employer who discharges or in any other manner discriminates against any employee because such employee has made any complaint to his or her employer, to the director, or his or her authorized representatives that he or she has not been paid wages in accordance with the provisions of this chapter, or that the employer has violated any provision of this chapter, or because such employee has caused to be instituted or is about to cause to be instituted any proceeding under or related to this chapter, or because such employee has testified or is about to testify in any such proceeding shall be deemed in violation of this chapter and shall, upon conviction therefor, be guilty of a gross misdemeanor.
[ 2017 c 2 s 8 (Initiative Measure No. 1433, approved November 8, 2016); 2010 c 8 s 12044; 1959 c 294 s 10. ]
NOTES:
Intent—Effective date—2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005.
Nothing in this chapter shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum under the provisions of this chapter.
[ 1959 c 294 s 11. ]
This chapter establishes minimum standards for wages, paid sick leave, and working conditions of all employees in this state, unless exempted herefrom, and is in addition to and supplementary to any other federal, state, or local law or ordinance, or any rule or regulation issued thereunder. Any standards relating to wages, hours, paid sick leave, or other working conditions established by any applicable federal, state, or local law or ordinance, or any rule or regulation issued thereunder, which are more favorable to employees than the minimum standards applicable under this chapter, or any rule or regulation issued hereunder, shall not be affected by this chapter and such other laws, or rules or regulations, shall be in full force and effect and may be enforced as provided by law.
[ 2017 c 2 s 9 (Initiative Measure No. 1433, approved November 8, 2016); 1961 ex.s. c 18 s 4; 1959 c 294 s 12. ]
NOTES:
Intent—Effective date—2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005.
(1) Except as otherwise provided in this section, no employer shall employ any of his or her employees for a workweek longer than forty hours unless such employee receives compensation for his or her employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he or she is employed.
(2) This section does not apply to:
(a) Any person exempted pursuant to *RCW 49.46.010(3). The payment of compensation or provision of compensatory time off in addition to a salary shall not be a factor in determining whether a person is exempted under *RCW 49.46.010(3)(c);
(b) Employees who request compensating time off in lieu of overtime pay;
(c) Any individual employed as a seaman whether or not the seaman is employed on a vessel other than an American vessel;
(d) Seasonal employees who are employed at concessions and recreational establishments at agricultural fairs, including those seasonal employees employed by agricultural fairs, within the state provided that the period of employment for any seasonal employee at any or all agricultural fairs does not exceed fourteen working days a year;
(e) Any individual employed as a motion picture projectionist if that employee is covered by a contract or collective bargaining agreement which regulates hours of work and overtime pay;
(f) An individual employed as a truck or bus driver who is subject to the provisions of the Federal Motor Carrier Act (49 U.S.C. Sec. 3101 et seq. and 49 U.S.C. Sec. 10101 et seq.), if the compensation system under which the truck or bus driver is paid includes overtime pay, reasonably equivalent to that required by this subsection, for working longer than forty hours per week;
(g) Any individual employed as an agricultural employee. This exemption from subsection (1) of this section applies only until December 31, 2021;
(h) Any industry in which federal law provides for an overtime payment based on a workweek other than forty hours. However, the provisions of the federal law regarding overtime payment based on a workweek other than forty hours shall nevertheless apply to employees covered by this section without regard to the existence of actual federal jurisdiction over the industrial activity of the particular employer within this state. For the purposes of this subsection, "industry" means a trade, business, industry, or other activity, or branch, or group thereof, in which individuals are gainfully employed (section 3(h) of the Fair Labor Standards Act of 1938, as amended (Public Law 93-259));
(i) Any hours worked by an employee of a carrier by air subject to the provisions of subchapter II of the Railway Labor Act (45 U.S.C. Sec. 181 et seq.), when such hours are voluntarily worked by the employee pursuant to a shift-trading practice under which the employee has the opportunity in the same or in other workweeks to reduce hours worked by voluntarily offering a shift for trade or reassignment; and
(j) Any individual licensed under chapter 18.85 RCW unless the individual is providing real estate brokerage services under a written contract with a real estate firm which provides that the individual is an employee. For purposes of this subsection (2)(j), "real estate brokerage services" and "real estate firm" mean the same as defined in RCW 18.85.011.
(3) No employer shall be deemed to have violated subsection (1) of this section by employing any employee of a retail or service establishment for a workweek in excess of the applicable workweek specified in subsection (1) of this section if:
(a) The regular rate of pay of the employee is in excess of one and one-half times the minimum hourly rate required under RCW 49.46.020; and
(b) More than half of the employee's compensation for a representative period, of not less than one month, represents commissions on goods or services.
In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate is to be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee.
(4) No employer of commissioned salespeople primarily engaged in the business of selling automobiles, trucks, recreational vessels, recreational vessel trailers, recreational vehicle trailers, recreational campers, manufactured housing, or farm implements to ultimate purchasers shall violate subsection (1) of this section with respect to such commissioned salespeople if the commissioned salespeople are paid the greater of:
(a) Compensation at the hourly rate, which may not be less than the rate required under RCW 49.46.020, for each hour worked up to forty hours per week, and compensation of one and one-half times that hourly rate for all hours worked over forty hours in one week; or
(b) A straight commission, a salary plus commission, or a salary plus bonus applied to gross salary.
(5) No public agency shall be deemed to have violated subsection (1) of this section with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) if: (a) In a work period of twenty-eight consecutive days the employee receives for tours of duty which in the aggregate exceed two hundred forty hours; or (b) in the case of such an employee to whom a work period of at least seven but less than twenty-eight days applies, in his or her work period the employee receives for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in his or her work period as two hundred forty hours bears to twenty-eight days; compensation at a rate not less than one and one-half times the regular rate at which he or she is employed.
(6)(a) Beginning January 1, 2022, any agricultural employee shall not be employed for more than 55 hours in any one workweek unless the agricultural employee receives one and one-half times that agricultural employee's regular rate of pay for all hours worked over 55 in any one workweek.
(b) Beginning January 1, 2023, any agricultural employee shall not be employed for more than 48 hours in any one workweek unless the agricultural employee receives one and one-half times that agricultural employee's regular rate of pay for all hours worked over 48 in any one workweek.
(c) Beginning January 1, 2024, any agricultural employee shall not be employed for more than 40 hours in any one workweek unless the agricultural employee receives one and one-half times that agricultural employee's regular rate of pay for all hours worked over 40 in any one workweek.
(7)(a) No damages, statutory or civil penalties, attorneys' fees and costs, or other type of relief may be granted against an employer to an agricultural or dairy employee seeking unpaid overtime due to the employee's historical exclusion from overtime under subsection (2)(g) of this section, as it existed on November 4, 2020.
(b) This subsection applies to all claims, causes of actions, and proceedings commenced on or after November 5, 2020, regardless of when the claim or cause of action arose. To this extent, this subsection applies retroactively, but in all other respects it applies prospectively.
(c) This subsection does not apply to dairy employees entitled to back pay or other relief as a result of being a member in the class of plaintiffs in Martinez-Cuevas v. DeRuyter Bros. Dairy, 196 Wn.2d 506 (2020).
(8) For the purposes of this section, "agricultural employee" means any individual employed: (a) On a farm, in the employ of any person, in connection with the cultivation of the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wildlife, or in the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment; (b) in packing, packaging, grading, storing or delivering to storage, or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; or (c) [in] commercial canning, commercial freezing, or any other commercial processing, or with respect to services performed in connection with the cultivation, raising, harvesting, and processing of oysters or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption. An agricultural employee does not include a dairy employee.
(9) For the purposes of this section, "dairy employee" includes any employee engaged in dairy cattle and milk production activities described in code 112120 of the North American industry classification system.
[ 2021 c 249 s 2; 2013 c 207 s 1; 2010 c 8 s 12045; 1998 c 239 s 2. Prior: 1997 c 311 s 1; 1997 c 203 s 2; 1995 c 5 s 1; 1993 c 191 s 1; 1992 c 94 s 1; 1989 c 104 s 1; prior: 1977 ex.s. c 4 s 1; 1977 ex.s. c 74 s 1; 1975 1st ex.s. c 289 s 3. ]
NOTES:
*Reviser's note: RCW 49.46.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (3) to subsection (4).
Intent—2021 c 249: "In order to stabilize, strengthen, and protect our state's agricultural workforce and economy, it is the intent of the legislature to pass the laws necessary to protect farmworkers and to provide agricultural employers with certainty and predictability.
The legislature intends to address the historical exceptions of agricultural work from overtime standards from both the federal fair labor standards act and the state minimum wage act when they were enacted over 60 years ago. Excluded from the opportunity to earn overtime pay, farmworkers across our state remain among our state's poorest workers. A United States department of labor study in 2016 found that nationally, 30 percent of farmworker families live below the poverty line, almost double the poverty rate of American families overall. The state department of health found that the current novel coronavirus pandemic has had a significant and disproportionate impact on farmworkers. The virus' risks to essential farmworkers from potential workplace exposures are compounded by systemic barriers to testing, prevention measures, and medical care.
The legislature also intends to avoid disruptions within the state's vital agricultural sector. While Washington is well-known as the national leader in apple production, the state's agricultural sector is incredibly diverse: Over 300 crops are harvested, and a variety of livestock are raised on over 35,000 farms across the state. The robust size of our agricultural sector means our state overall ranks in the top 10 nationally in the size of our farm labor force. Agriculture is a cornerstone of our state economy. Uncertainty from recent legal decisions regarding overtime standards are compounding the pandemic's disruptions to the food chain and the safety challenges of operating during a public health crisis.
The legislature intends to provide clear overtime standards to reduce litigation between parties in this key sector of the state's economy during the challenges and additional costs brought on by the novel coronavirus and to protect the security of our food supply chain. This act's transitional approach is reasonable to achieve the legislature's purpose of increasing the safety of an at risk and essential workforce, increasing the public welfare of low-income individuals by removing a historical barrier to their earning potential, and maintaining the food security and economic security provided by a stable agricultural sector." [ 2021 c 249 s 1.]
Findings—Intent—1998 c 239: "The legislature finds that employees in the airline industry have a long-standing practice and tradition of trading shifts voluntarily among themselves. The legislature also finds that federal law exempts airline employees from the provisions of federal overtime regulations. This act is intended to specify that airline industry employers are not required to pay overtime compensation to an employee agreeing to work additional hours for a coemployee." [ 1998 c 239 s 1.]
Intent—Collective bargaining agreements—1998 c 239: "This act does not alter the terms, conditions, or practices contained in any collective bargaining agreement." [ 1998 c 239 s 3.]
Retroactive application—1998 c 239: "This act is remedial in nature and applies retroactively." [ 1998 c 239 s 4.]
Severability—1998 c 239: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1998 c 239 s 5.]
Construction—1997 c 203: "Nothing in this act shall be construed to alter the terms, conditions, or practices contained in any collective bargaining agreement in effect at the time of the effective date of this act [July 27, 1997] until the expiration date of such agreement." [ 1997 c 203 s 4.]
Intent—Application—1995 c 5: "This act is intended to clarify the original intent of RCW 49.46.010(5)(c). This act applies to all administrative and judicial actions commenced on or after February 1, 1995, and pending on March 30, 1995, and such actions commenced on or after March 30, 1995." [ 1995 c 5 s 2.]
Effective date—1995 c 5: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 30, 1995]." [ 1995 c 5 s 3.]
The director of the department of labor and industries and the commissioner of employment security shall each notify employers of the requirements of chapter 289, Laws of 1975 1st ex. sess. through their regular quarterly notices to employers.
[ 1975 1st ex.s. c 289 s 4. ]
(1) An employer that imposes an automatic service charge related to food, beverages, entertainment, or porterage provided to a customer must disclose in an itemized receipt and in any menu provided to the customer the percentage of the automatic service charge that is paid or is payable directly to the employee or employees serving the customer.
(2) For purposes of this section:
(a) "Employee" means nonmanagerial, nonsupervisory workers, including but not limited to servers, busers, banquet attendant, banquet captains, bartenders, barbacks, and porters.
(b) "Employer" means employers as defined in RCW 49.46.010 that provide food, beverages, entertainment, or porterage, including but not limited to restaurants, catering houses, convention centers, and overnight accommodations.
(c) "Service charge" means a separately designated amount collected by employers from customers that is for services provided by employees, or is described in such a way that customers might reasonably believe that the amounts are for such services. Service charges include but are not limited to charges designated on receipts as a "service charge," "gratuity," "delivery charge," or "porterage charge." Service charges are in addition to hourly wages paid or payable to the employee or employees serving the customer.
[ 2010 c 8 s 12046; 2007 c 390 s 1. Formerly RCW 19.48.130. ]
(1) Beginning July 1, 2020, no state agency may employ an individual to work under a special certificate issued under RCW 49.12.110 and 49.46.060 for the employment of individuals with disabilities at less than the minimum wage. Any special certificate issued by the director to a state agency for the employment of an individual with a disability at less than minimum wage must expire by June 30, 2020. For the purposes of this section, "state agency" means any office, department, commission, or other unit of state government.
(2) After July 31, 2023, the director may not issue any new special certificates under RCW 49.12.110 and 49.46.060 for the employment, at less than the minimum wage, of individuals with disabilities.
(3)(a) Special certificates that have not expired as of July 31, 2023, remain valid until the certificate expires.
(b) The director may extend, no more than once and for no longer than one year, the duration of a special certificate that was valid as of July 25, 2021, only under the following circumstances:
(i) The individual employed under the special certificate is an "eligible person" as defined under RCW 71A.10.020; and
(ii) The employer requests the extension of the special certificate.
(4) Ninety days before the expiration of the special certificates under this section, the director shall provide written notice to the employer, the employee, and the employee's legal guardian, legal representative as defined under RCW 71A.10.020, or other individual authorized to receive information on behalf of the employee, of the following:
(a) The expiration date of the special certificate;
(b) The employer's option to extend the special certificate if the conditions under subsection (3) of this section are met; and
(c) Upon request, the contact information for the department of social and health services and a statement that provides the supportive services available to the individual with disabilities.
(5) For the purposes of allowing the department of social and health services to prioritize services and existing individualized technical assistance to individuals advancing to at least minimum wage employment, the department of labor and industries may share information, such as individuals' contact information and expiration dates of special certificates[,] with the department of social and health services.
[ 2021 c 97 s 3; 2019 c 374 s 1. ]
(1) The sick leave provisions of RCW 49.46.200 through 49.46.830 shall not apply to construction workers covered by a collective bargaining agreement, provided:
(a) The union signatory to the collective bargaining agreement is an approved referral union program authorized under RCW 50.20.010 and in compliance with WAC 192-210-110; and
(b) The collective bargaining agreement establishes equivalent sick leave provisions, as provided in subsection (2) of this section; and
(c) The requirements of RCW 49.46.200 through 49.46.830 are expressly waived in the collective bargaining agreement in clear and unambiguous terms or in an addendum to an existing agreement including an agreement that is open for negotiation provided the sick leave portions were previously ratified by the membership.
(2) Equivalent sick leave provisions provided by a collective bargaining agreement must meet the requirements of RCW 49.46.200 through 49.46.830 and the rules adopted by the department of labor and industries, except the payment of leave at the normal hourly compensation may occur before usage and the payment of accrued and unused sick leave may be made in accordance with RCW 49.46.210.
[ 2023 c 267 s 2; 2019 c 236 s 4. ]
NOTES:
Effective date—2023 c 267: See note following RCW 49.46.210.
Finding—2019 c 236: See note following RCW 49.46.020.
The demands of the workplace and of families need to be balanced to promote public health, family stability, and economic security. It is in the public interest to provide reasonable paid sick leave for employees to care for the health of themselves and their families. Such paid sick leave shall be provided at the greater of the newly increased minimum wage or the employee's regular and normal wage.
[ 2017 c 2 s 4 (Initiative Measure No. 1433, approved November 8, 2016). ]
NOTES:
Intent—Effective date—2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005.
(1) Beginning January 1, 2018, except as provided in RCW 49.46.180, every employer shall provide each of its employees paid sick leave as follows:
(a) An employee shall accrue at least one hour of paid sick leave for every forty hours worked as an employee. An employer may provide paid sick leave in advance of accrual provided that such front-loading meets or exceeds the requirements of this section for accrual, use, and carryover of paid sick leave.
(b) An employee is authorized to use paid sick leave for the following reasons:
(i) An absence resulting from an employee's mental or physical illness, injury, or health condition; to accommodate the employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care;
(ii) To allow the employee to provide care for a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care for a family member who needs preventive medical care;
(iii) When the employee's place of business has been closed by order of a public official for any health-related reason, or when an employee's child's school or place of care has been closed for such a health-related reason or after the declaration of an emergency by a local or state government or agency, or by the federal government; and
(iv) To allow the employee to prepare for, or participate in, any judicial or administrative immigration proceeding involving the employee or employee's family member.
(c) An employee is authorized to use paid sick leave for absences that qualify for leave under the domestic violence leave act, chapter 49.76 RCW.
(d) An employee is entitled to use accrued paid sick leave beginning on the ninetieth calendar day after the commencement of his or her employment.
(e) Employers are not prevented from providing more generous paid sick leave policies or permitting use of paid sick leave for additional purposes.
(f) An employer may require employees to give reasonable notice of an absence from work, so long as such notice does not interfere with an employee's lawful use of paid sick leave.
(g)(i) For absences exceeding three days, an employer may require verification that an employee's use of paid sick leave is for an authorized purpose. If an employer requires verification, verification must be provided to the employer within a reasonable time period during or after the leave. An employer's requirements for verification may not result in an unreasonable burden or expense on the employee and may not exceed privacy or verification requirements otherwise established by law.
(ii)(A) For purposes of fulfilling a request for verification for leave taken under (b)(iv) of this subsection, an employee may submit, and the employer must accept:
(I) Documentation that the employee or the employee's family member is involved in a qualifying immigration proceeding from any of the following persons from whom the employee or employee's family member sought assistance in addressing the proceeding: An advocate for immigrants or refugees, an attorney, a member of the clergy, or other professional. The provision of documentation under this subsection does not waive or diminish the confidential or privileged nature of communications between an employee or an employee's family member and one or more of the individuals described in this subsection pursuant to RCW 5.60.060 or other applicable law; or
(II) An employee's written statement that the employee or the employee's family member is involved in a qualifying immigration proceeding and that the leave taken was for one of the purposes described in (b)(iv) of this subsection.
(B) The documentation or written statement must not disclose any personally identifiable information about a person's immigration status or underlying immigration protection.
(h) An employer may not require, as a condition of an employee taking paid sick leave, that the employee search for or find a replacement worker to cover the hours during which the employee is on paid sick leave.
(i) For each hour of paid sick leave used, an employee shall be paid the greater of the minimum hourly wage rate established in this chapter or his or her normal hourly compensation. The employer is responsible for providing regular notification to employees about the amount of paid sick leave available to the employee.
(j) Except as provided in (l) of this subsection, accrued and unused paid sick leave carries over to the following year, but an employer is not required to allow an employee to carry over paid sick leave in excess of 40 hours.
(k) Except as provided in (l) of this subsection, an employer is not required to provide financial or other reimbursement for accrued and unused paid sick leave to any employee upon the employee's termination, resignation, retirement, or other separation from employment. When there is a separation from employment and the employee is rehired within 12 months of separation by the same employer, whether at the same or a different business location of the employer, previously accrued unused paid sick leave shall be reinstated and the previous period of employment shall be counted for purposes of determining the employee's eligibility to use paid sick leave under (d) of this subsection. For purposes of this subsection (1)(k), "previously accrued and unused paid sick leave" does not include sick leave paid out to a construction worker under (l) of this subsection.
(l)(i) A construction industry employer must pay a construction worker, who has not met the 90th day eligibility under (d) of this subsection at the time of separation, the balance of the worker's accrued and unused paid sick leave at the end of the established pay period following the worker's separation pursuant to RCW 49.48.010(2).
(ii) The definitions in this subsection (1)(l)(ii) apply throughout this subsection (1)(l) unless the context clearly requires otherwise.
(A) "Construction worker" means a worker who performed service, maintenance, or construction work on a jobsite, in the field or in a fabrication shop using the tools of the worker's trade or craft.
(B) "Construction industry employer" means an employer in the industry described in North American industry classification system industry code 23, except for residential building construction code 2361.
(2) The definitions in this subsection apply throughout this section, except for subsection (5) of this section:
(a) "Family member" means a child, grandchild, grandparent, parent, sibling, or spouse of an employee, and also includes any individual who regularly resides in the employee's home or where the relationship creates an expectation that the employee care for the person, and that individual depends on the employee for care. "Family member" includes any individual who regularly resides in the employee's home, except that it does not include an individual who simply resides in the same home with no expectation that the employee care for the individual.
(b) "Child" means a biological, adopted, or foster child, a stepchild, a child's spouse, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status.
(c) "Grandchild" means a child of the employee's child.
(d) "Grandparent" means a parent of the employee's parent.
(e) "Parent" means the biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse, or an individual who stood in loco parentis to an employee when the employee was a child.
(f) "Spouse" means a husband or wife, as the case may be, or state registered domestic partner.
(3) An employer may not adopt or enforce any policy that counts the use of paid sick leave time as an absence that may lead to or result in discipline against the employee.
(4) An employer may not discriminate or retaliate against an employee for his or her exercise of any rights under this chapter including the use of paid sick leave.
(5)(a) The definitions in this subsection apply to this subsection:
(i) "Average hourly compensation" means a driver's compensation during passenger platform time from, or facilitated by, the transportation network company, during the 365 days immediately prior to the day that paid sick time is used, divided by the total hours of passenger platform time worked by the driver on that transportation network company's driver platform during that period. "Average hourly compensation" does not include tips.
(ii) "Driver," "driver platform," "passenger platform time," and "transportation network company" have the meanings provided in RCW 49.46.300.
(iii) "Earned paid sick time" is the time provided by a transportation network company to a driver as calculated under this subsection. For each hour of earned paid sick time used by a driver, the transportation network company shall compensate the driver at a rate equal to the driver's average hourly compensation.
(iv) For purposes of drivers, the following definitions apply:
(A) "Family member" means a child, grandchild, grandparent, parent, sibling, or spouse of a driver, and also includes any individual who regularly resides in the driver's home or where the relationship creates an expectation that the driver care for the person, and that individual depends on the driver for care. "Family member" includes any individual who regularly resides in the driver's home, except that it does not include an individual who simply resides in the same home with no expectation that the driver care for the individual.
(B) "Child" means a biological, adopted, or foster child, a stepchild, a child's spouse, or a child to whom the driver stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status.
(C) "Grandchild" means a child of the driver's child.
(D) "Grandparent" means a parent of the driver's parent.
(E) "Parent" means the biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of a driver or the driver's spouse, or an individual who stood in loco parentis to a driver when the driver was a child.
(F) "Spouse" means a husband or wife, as the case may be, or state registered domestic partner.
(b) Beginning January 1, 2023, a transportation network company must provide to each driver operating on its driver platform compensation for earned paid sick time as required by this subsection and subject to the provisions of this subsection. A driver shall accrue one hour of earned paid sick time for every 40 hours of passenger platform time worked.
(c) A driver is entitled to use accrued earned paid sick time upon recording 90 hours of passenger platform time on the transportation network company's driver platform.
(d) For each hour of earned paid sick time used, a driver shall be paid the driver's average hourly compensation.
(e) A transportation network company shall establish an accessible system for drivers to request and use earned paid sick time. The system must be available to drivers via smartphone application and online web portal.
(f) A driver may carry over up to 40 hours of unused earned paid sick time to the next calendar year. If a driver carries over unused earned paid sick time to the following year, accrual of earned paid sick time in the subsequent year must be in addition to the hours accrued in the previous year and carried over.
(g) A driver is entitled to use accrued earned paid sick time if the driver has used the transportation network company's platform as a driver within 90 calendar days preceding the driver's request to use earned paid sick time.
(h) A driver is entitled to use earned paid sick time for the following reasons:
(i) An absence resulting from the driver's mental or physical illness, injury, or health condition; to accommodate the driver's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care;
(ii) To allow the driver to provide care for a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care for a family member who needs preventive medical care;
(iii) When the driver's child's school or place of care has been closed by order of a public official for any health-related reason or has been closed after the declaration of an emergency by a local or state government or agency, or by the federal government;
(iv) For absences for which an employee would be entitled for leave under RCW 49.76.030;
(v) During a deactivation or other status that prevents the driver from performing network services on the transportation network company's platform, unless the deactivation or status is due to a verified allegation of sexual assault or physical assault perpetrated by the driver; and
(vi) To allow the driver to prepare for, or participate in, any judicial or administrative immigration proceeding involving the driver or driver's family member.
(i) If a driver does not record any passenger platform time in a transportation network company's driver platform for 365 or more consecutive days, any unused earned paid sick time accrued up to that point with that transportation network company is no longer valid or recognized.
(j) Drivers may use accrued days of earned paid sick time in increments of a minimum of four or more hours. Drivers are entitled to request four or more hours of earned paid sick time for immediate use, including consecutive days of use. Drivers are not entitled to use more than eight hours of earned paid sick time within a single calendar day.
(k) A transportation network company shall compensate a driver for requested hours or days of earned paid sick time no later than 14 calendar days or the next regularly scheduled date of compensation following the requested hours or days of earned paid sick time.
(l) A transportation network company shall not request or require reasonable verification of a driver's qualifying illness or of a driver's qualifying judicial or administrative immigration proceeding except as would be permitted to be requested of an employee under subsection (1)(g) of this section. If a transportation network company requires verification pursuant to this subsection, the transportation network company must compensate the driver for the requested hours or days of earned paid sick time no later than the driver's next regularly scheduled date of compensation after satisfactory verification is provided.
(m) If a driver accepts an offer of prearranged services for compensation from a transportation network company during the four-hour period or periods for which the driver requested earned paid sick time, a transportation network company may determine that the driver did not use earned paid sick time for an authorized purpose.
(n) A transportation network company shall provide each driver with:
(i) Written notification of the current rate of average hourly compensation while a passenger is in the vehicle during the most recent calendar month for use of earned paid sick time;
(ii) An updated amount of accrued earned paid sick time since the last notification;
(iii) Reduced earned paid sick time since the last notification;
(iv) Any unused earned paid sick time available for use; and
(v) Any amount that the transportation network company may subtract from the driver's compensation for earned paid sick time. The transportation network company shall provide this information to the driver no less than monthly. The transportation network company may choose a reasonable system for providing this notification, including but not limited to: A pay stub; a weekly summary of compensation information; or an online system where drivers can access their own earned paid sick time information. A transportation network company is not required to provide this information to a driver if the driver has not worked any days since the last notification.
(o) A transportation network company may not adopt or enforce any policy that counts the use of earned paid sick time as an absence that may lead to or result in any action that adversely affects the driver's use of the transportation network.
(p) A transportation network company may not take any action against a driver that adversely affects the driver's use of the transportation network due to his or her exercise of any rights under this subsection including the use of earned paid sick time.
(q) The department may adopt rules to implement this subsection.
[ 2025 c 170 s 1. Prior: 2024 c 356 s 1; 2024 c 39 s 1; 2023 c 267 s 1; 2022 c 281 s 6; 2019 c 236 s 3; 2017 c 2 s 5 (Initiative Measure No. 1433, approved November 8, 2016). ]
NOTES:
Effective date—2024 c 356: "This act takes effect January 1, 2025." [ 2024 c 356 s 2.]
Department of labor and industries materials and outreach—2024 c 356: "The department of labor and industries must develop materials and conduct outreach to inform individuals and businesses of the new provisions of this act." [ 2024 c 356 s 3.]
Effective date—2024 c 39: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 13, 2024]." [ 2024 c 39 s 2.]
Effective date—2023 c 267: "This act takes effect January 1, 2024." [ 2023 c 267 s 3.]
Finding—2019 c 236: See note following RCW 49.46.020.
Intent—Effective date—2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005.
(1) The definitions in this subsection apply throughout this section and RCW 49.46.310 through 49.46.350 unless the context clearly requires otherwise.
(a) "Account deactivation" means one or more of the following actions with respect to an individual driver or group of drivers that is implemented by a transportation network company and lasts for more than three consecutive days:
(i) Blocking access to the transportation network company driver platform;
(ii) Changing a driver's status from eligible to provide transportation network company services to ineligible; or
(iii) Any other material restriction in access to the transportation network company's driver platform.
(b) "Compensation" means payment owed to a driver by reason of providing network services including, but not limited to, the minimum payment for passenger platform time and mileage, incentives, and tips.
(c) "Department" means the department of labor and industries.
(d) "Digital network" means any online-enabled application, website, or system offered or used by a transportation network company that enables the prearrangement of rides between drivers and passengers.
(e) "Director" means the director of the department of labor and industries.
(f) "Dispatch location" means the location of the driver at the time the driver accepts a trip request through the driver platform.
(g) "Dispatch platform time" means the time a driver spends traveling from a dispatch location to a passenger pick-up location. Dispatch platform time ends when a passenger cancels a trip or the driver begins the trip through the driver platform. A driver cannot simultaneously be engaged in dispatch platform time and passenger platform time for the same transportation network company. For shared rides, dispatch platform time means the time a driver spends traveling from the first dispatch location to the first passenger pick-up location.
(h) "Dispatched trip" means the provision of transportation by a driver for a passenger through the use of a transportation network company's application dispatch system.
(i) "Driver" has the same meaning as "commercial transportation services provider driver" in RCW 48.177.005. Except as otherwise specified in chapter 281, Laws of 2022, for purposes of this title and Titles 48, 50A, 50B, and 51 RCW, and any orders, regulations, administrative policies, or opinions of any state or local agency, board, division, or commission, pursuant to those titles, a driver is not an employee or agent of a transportation network company if the following factors are met:
(i) The transportation network company does not unilaterally prescribe specific dates, times of day, or a minimum number of hours during which the driver must be logged into the transportation network company's online-enabled application or platform;
(ii) The transportation network company may not terminate the contract of the driver for not accepting a specific transportation service request;
(iii) The transportation network company does not contractually prohibit the driver from performing services through other transportation network companies except while performing services through the transportation network company's online-enabled application or platform during dispatch platform time and passenger platform time; and
(iv) The transportation network company does not contractually prohibit the driver from working in any other lawful occupation or business.
Notwithstanding any state or local law to the contrary, any party seeking to establish that the factors in this subsection (1)(i) are not met bears the burden of proof. A driver for purposes of this section shall not include any person ultimately and finally determined to be an "employee" within the meaning of section 2(3) of the national labor relations act, 29 U.S.C. Sec. 152(3).
(j) "Driver platform" means the driver-facing application dispatch system software or any online-enabled application service, website, or system, used by a driver, or which enables services to be delivered to a driver that enables the prearrangement of passenger trips for compensation.
(k) "Driver resource center" or "center" means a nonprofit organization that provides services to drivers. The nonprofit organization must be registered with the Washington secretary of state, have organizational bylaws giving drivers right to membership in the organization, and have demonstrated experience: (i) Providing services to gig economy drivers in Washington state, including representing drivers in deactivation appeals proceedings; and (ii) providing culturally competent driver representation services, outreach, and education. The administration and formation of the driver resource center may not be funded, excessively influenced, or controlled by a transportation network company.
(l) "Driver resource center fund" or "fund" means the dedicated fund created in RCW 49.46.310, the sole purpose of which is to administer funds collected from transportation network companies to provide services, support, and benefits to drivers.
(m) "Network services" means services related to the transportation of passengers through the driver platform that are provided by a driver while logged in to the driver platform, including services provided during available platform time, dispatch platform time, and passenger platform time.
(n) "Passenger" has the same meaning as "commercial transportation services provider passenger" in RCW 48.177.005.
(o) "Passenger drop-off location" means the location of a driver's vehicle when the passenger leaves the vehicle.
(p) "Passenger pick-up location" means the location of the driver's vehicle at the time the driver starts the trip in the driver platform.
(q) "Passenger platform miles" means all miles driven during passenger platform time as recorded in a transportation network company's driver platform.
(r) "Passenger platform time" means the period of time when the driver is transporting one or more passengers on a trip. For shared rides, passenger platform time means the period of time commencing when the first passenger enters the driver's vehicle until the time when the last passenger exits the driver's vehicle.
(s) "Personal vehicle" has the same meaning as "personal vehicle" in RCW 48.177.005.
(t) "Shared ride" means a dispatched trip which, prior to its commencement, a passenger requests through the transportation network company's digital network to share the dispatched trip with one or more passengers and each passenger is charged a fare that is calculated, in whole or in part, based on the passenger's request to share all or a part of the dispatched trip with one or more passengers, regardless of whether the passenger actually shares all or a part of the dispatched trip.
(u) "Tips" means a verifiable sum to be presented by a passenger as a gift or gratuity in recognition of service performed for the passenger by the driver receiving the tip.
(v) "Transportation network company" has the same meaning as defined in RCW 46.04.652. A transportation network company does not provide for hire transportation service.
(2) A driver is only covered by this section to the extent that the driver provides network services within the state of Washington.
(3)(a) A transportation network company is covered by this section if it provides a driver platform within the state of Washington.
(b) Separate entities that form an integrated enterprise are considered a single transportation network company under this section. Separate entities will be considered an integrated enterprise and a single transportation network company where a separate entity controls the operation of another entity. Factors to consider include, but are not limited to, the degree of interrelation between the operations of multiple entities; the degree to which the entities share common management; the centralized control of labor relations; the degree of common ownership or financial control over the entities; and the use of a common brand, trade, business, or operating name.
(4)(a) Beginning December 31, 2022, a transportation network company shall ensure that a driver's total compensation is not less than the standard set forth in (a)(i), (ii), or (iii) of this subsection (4).
(i) For all dispatched trips originating in cities with a population of more than 600,000, on a per trip basis the greater of:
(A) $0.59 per passenger platform minute for all passenger platform time for that trip, and $1.38 per passenger platform mile for all passenger platform miles driven on that trip; or
(B) A minimum of $5.17 per dispatched trip.
(ii) For all other dispatched trips, the greater of:
(A) $0.34 per passenger platform minute and $1.17 per passenger platform mile; or
(B) A minimum of $3.00 per dispatched trip.
(iii) For all trips originating elsewhere and terminating in cities with a population of more than 600,000:
(A) For all passenger platform time spent within the city on that trip and for all passenger platform miles driven in the city on that trip the compensation standard under (a)(i) of this subsection applies.
(B) For all passenger platform time spent outside the city on that trip and for all passenger platform miles driven outside the city on that trip the compensation standard under (a)(ii) of this subsection applies.
(b) Beginning September 30, 2022, and on each following September 30th, the department shall calculate adjusted per mile and per minute amounts and per trip minimums by increasing the current year's per mile and per minute amounts and per trip minimums by the rate of increase of the state minimum wage, calculated to the nearest cent. The adjusted amount calculated under this section takes effect on the following January 1st.
(c) For shared rides, the per trip minimums in (a)(i) and (ii) of this subsection shall apply only to the entirety of the shared ride, and not on the basis of the individual passenger's trip within the shared ride.
(5)(a) For the purposes of this section, a dispatched trip includes:
(i) A dispatched trip in which the driver transports the passenger to the passenger drop-off location;
(ii) A dispatched trip canceled after two minutes by a passenger or the transportation network company unless cancellation is due to driver conduct, or no cancellation fee is charged to the passenger;
(iii) A dispatched trip that is canceled by the driver for good cause consistent with company policy; and
(iv) A dispatched trip where the passenger does not appear at the passenger pick-up location within five minutes.
(b) A transportation network company may exclude time and miles if doing so is reasonably necessary to remedy or prevent fraudulent use of the transportation network company's online-enabled application or platform.
(6)(a) A transportation network company shall remit to drivers all tips. Tips paid to a driver are in addition to, and may not count towards, the driver's minimum compensation under this section.
(b) Amounts charged to a passenger and remitted to the driver for tolls, fees, or surcharges incurred by a driver during a trip must not be included in calculating compensation for purposes of subsection (4) of this section.
(c)(i) Beginning January 1, 2023, except as required by law, a transportation network company may only deduct compensation when the driver expressly authorizes the deduction in writing and does so in advance for a lawful purpose. Any authorization by a driver must be voluntary and knowing.
(ii) Nothing in this section shall prohibit a transportation network company from deducting compensation as required by state or federal law or as directed by a court order.
(iii) Neither the transportation network company nor any person acting in the interest of the transportation network company may derive any financial profit or benefit from any of the deductions under this section. For the purposes of this section:
(A) Reasonable interest charged by the transportation network company or any person acting in the interest of a transportation network company, for a loan or credit extended to the driver, is not considered to be of financial benefit to the transportation network company or person acting in the interest of a transportation network company; and
(B) A deduction will be considered for financial profit or benefit only if it results in a gain over and above the fair market value of the goods or services for which the deduction was made.
(7)(a) Beginning January 1, 2023, a transportation network company shall provide each driver with a written notice of rights established by this section in a form and manner sufficient to inform drivers of their rights under this section. The notice of rights shall provide information on:
(i) The right to the applicable per minute rate and per mile rate or per trip rate guaranteed by this section;
(ii) The right to be protected from retaliation for exercising in good faith the rights protected by this section; and
(iii) The right to seek legal action or file a complaint with the department for violation of the requirements of this section, including a transportation network company's failure to pay the minimum per minute rate or per mile rate or per trip rate, or a transportation network company's retaliation against a driver or other person for engaging in an activity protected by this section.
(b) A transportation network company shall provide the notice of rights required by this section in an electronic format that is readily accessible to the driver. The notice of rights shall be made available to the driver via smartphone application or online web portal, in English and the five most common foreign languages spoken in this state.
(8) Beginning December 31, 2022, within 24 hours of completion of each dispatched trip, a transportation network company must transmit an electronic receipt to the driver that contains the following information for each unique trip, or portion of a unique trip, covered by this section:
(a) The total amount of passenger platform time;
(b) The total mileage driven during passenger platform time;
(c) Rate or rates of pay, including but not limited to the rate per minute, rate per mile, percentage of passenger fare, and any applicable trip-based financial incentives, promotions, or bonuses paid to the driver that resulted directly from the specific trip, rather than any aggregated trip activity;
(d) Tip compensation;
(e) Gross payment;
(f) Net payment after deductions, fees, tolls, surcharges, lease fees, or other charges; and
(g) Itemized deductions or fees, including any toll, surcharge, commission, lease fees, and other charges.
(9)(a) Beginning January 1, 2023, a transportation network company shall make driver per trip receipts available in a downloadable format, such as a comma-separated values file or PDF file, via smartphone application or online web portal for a period of two years from the date the transportation network company provided the receipt to the driver.
(b) Beginning on July 1, 2026, a transportation network company shall make available to a driver a downloadable record containing the data from the driver's per-trip receipts for all trips in the reference period contained in this section. The record required by this section must be provided in a single aggregated, searchable, downloadable format, such as a comma-separated values file or searchable PDF file. The reference period for the record required by this section must be the previous 24 months. The record required by this section must be made available for download within three business days from the date that the driver requests the record. The record required by this section must contain a table with rows for each unique trip and columns for each itemized element contained in each trip receipt. The record required by this section may contain additional information at the discretion of the transportation network company.
(10) Beginning January 1, 2023, on a weekly basis, the transportation network company shall provide written notice to the driver that contains the following information for trips, or a portion of a trip, that is covered by this section and which occurred in the prior week:
(a) The driver's total passenger platform time;
(b) Total mileage driven by the driver during passenger platform time;
(c) The driver's total tip compensation;
(d) The driver's gross payment, itemized by: (i) Rate per minute; (ii) rate per mile; and (iii) any other method used to calculate pay including, but not limited to, base pay, percentage of passenger fare, or any applicable financial incentives, promotions, or bonuses paid to the driver related to any of the driver's activity on the platform;
(e) The driver's net payment after deductions, fees, tolls, surcharges, lease fees, or other charges; and
(f) Itemized deductions or fees, including all tolls, surcharges, commissions, lease fees, and other charges, from the driver's payment.
(11) Beginning January 1, 2023, within 24 hours of a trip's completion, a transportation network company must transmit an electronic receipt to the passenger, for on trip time, on behalf of the driver that lists:
(a) The date and time of the trip;
(b) The passenger pick-up and passenger drop-off locations for the trip. In describing the passenger pick-up location and passenger drop-off location, the transportation network company shall describe the location by indicating the specific block (e.g. "the 300 block of Pine Street") in which the passenger pick-up and passenger drop-off occurred. A transportation network company is authorized to indicate the location with greater specificity, such as with a street address or intersection, at its discretion;
(c) The total duration and distance of the trip;
(d) The driver's first name;
(e) The total fare paid, itemizing all charges and fees; and
(f) The total passenger-paid tips.
(12)(a) Beginning July 1, 2024, transportation network companies shall collect and remit a $0.15 per trip fee to the driver resource center fund, created in RCW 49.46.310, for the driver resource center to support the driver community. The remittance under this subsection is a pass-through of passenger fares and shall not be considered a transportation network company's funding of the driver resource center. Passenger fares paid include each individual trip portion on shared trips. The remittances to the fund must be made on a quarterly basis.
(b) Beginning September 30, 2024, and on each following September 30th, the department shall calculate an adjusted per trip fee by adjusting the current amount by the rate of inflation. The adjusted amounts must be calculated to the nearest cent using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index, for the 12 months prior to each September 1st as calculated by the United States department of labor. Each adjusted amount calculated under this subsection takes effect on the following January 1st.
(13) No later than one year after June 9, 2022, transportation network companies shall provide an opportunity for drivers to make voluntary per trip earnings deduction contributions to the driver resource center, provided that 100 or more drivers working for transportation network companies covered under this section have authorized such a deduction to the driver resource center, and subject to the following:
(a) A driver must expressly authorize the deduction in writing. Written authorization must include, at a minimum, sufficient information to identify the driver and the driver's desired per trip deduction amount. These deductions may reduce the driver's per trip earnings below the minimums set forth in this section.
(b) The transportation network company may require written authorization to be submitted in electronic format from the driver resource center.
(c) The transportation network company shall make the first deductions within 30 days of receiving a written authorization of the driver, and shall remit deductions to the driver resource center each month, with remittance due not later than 28 days following the end of the month.
(d) A driver's authorization remains in effect until the driver resource center provides an express revocation to the transportation network company.
(e) A transportation network company shall rely on information provided by the driver resource center regarding the authorization and revocation of deductions.
(f) Upon request by a transportation network company, the driver resource center shall reimburse the transportation network company for the costs associated with deduction and remittance. The department shall adopt rules to calculate the reimbursable costs.
(14) Each transportation network company shall submit to the fund, with its remittance under subsection (12) of this section, a report detailing the number of trips in the previous quarter and the total amount of the surcharge charged to customers. The first payment and accounting is due on the 30th day of the quarter following the imposition of the surcharge. Failure to remit payments by the deadlines is deemed a delinquency and the transportation network company is subject to penalties and interest provided in RCW 49.46.330.
(15)(a) The state expressly intends to displace competition with regulation allowing a transportation network company, at its own volition, to enter into an agreement with the driver resource center regarding a driver account deactivation appeals process for eligible account deactivations. It is the policy of the state to promote a fair appeals process related to eligible account deactivations that supports the rights of drivers and transportation network companies and provides fair processes related to eligible account deactivations. The state intends that any agreement under this section is immune from all federal and state antitrust laws.
(i) "Eligible account deactivation" means one or more of the following actions with respect to an individual driver that is implemented by a transportation network company:
(A) Blocking or restricting access to the transportation network company driver platform for three or more consecutive days; or
(B) Changing a driver's account status from eligible to provide transportation network company services to ineligible for three or more consecutive days.
(ii) An eligible account deactivation does not include any change in a driver's access or account status that is:
(A) Related to an allegation of discrimination, harassment, including sexual harassment or harassment due to someone's membership in a protected class, or physical or sexual assault, or willful or knowing commitment of fraud;
(B) Related to an allegation that the driver was under the influence of drugs or alcohol while a related active investigation that takes no longer than 10 business days is under way; or
(C) Any other categories the transportation network company and the driver resource center may agree to as part of the agreement under this subsection.
(iii) A transportation network company shall enter into an agreement with the driver resource center regarding the driver account deactivation appeals process for eligible account deactivations. Any agreement must be approved by the department. The department may approve an agreement only if the agreement contains the provisions in (a)(iv) of this subsection.
(iv) The agreement must provide an appeals process for drivers whose account has been subject to an eligible account deactivation. The appeals process must include the following protections:
(A) Opportunity for a driver representative to support a driver, upon the driver's request, throughout the account deactivation appeals process for eligible account deactivations;
(B) Notification, as required by (d) of this subsection, to drivers of their right to representation by the driver resource center at the time of the eligible account deactivation;
(C) Within 30 calendar days of a request, furnishing to the driver resource center an explanation and information the transportation network company may have relied upon in making the deactivation decision, excluding confidential, proprietary, or otherwise privileged communications, provided that personal identifying information and confidential information is redacted to address reasonable privacy and confidentiality concerns;
(D) A good faith, informal resolution process that is committed to efficient resolution of conflicts regarding eligible account deactivations within 30 days of the transportation network company being notified that the driver contests the explanation offered by the company;
(E) A formal process that includes a just cause standard, with deadlines for adjudication of an appeal of an eligible account deactivation by a panel that includes a mutually agreed-upon neutral third party with experience in dispute resolution. The panel has the authority to make binding decisions within the confines of the law and make-whole monetary awards, including back pay, based on an agreed-upon formula for cases not resolved during the informal process;
(F) Agreement by the transportation network company to use the process set forth in this subsection to resolve disputes over eligible account deactivation appeals as an alternative to private arbitration with regard to such a dispute, should the driver and transportation network company so choose; and
(G) Agreement by the transportation network company that, for eligible account deactivations in which the driver or transportation network company elect private arbitration in lieu of the formal process outlined in (a)(iv)(E) of this subsection (15), the transportation network company shall offer the driver the opportunity to have the eligible deactivation adjudicated under the just cause standard outlined in (a)(iv)(E) of this subsection.
(b) A transportation network company that enters into an agreement with the driver resource center shall reach agreement through the following steps:
(i)(A) For a transportation network company operating a digital network in the state of Washington as of June 9, 2022, the driver resource center and transportation network company must make good faith efforts to reach an agreement within 120 days of an organization being selected as the driver resource center under RCW 49.46.310.
(B) For a transportation network company who begins operating a digital network in the state of Washington after an organization has been selected as the driver resource center under RCW 49.46.310, the driver resource center and transportation network company must make good faith efforts to reach an agreement within 120 days of the transportation network company beginning operation of a digital network in the state of Washington.
(ii) If the driver resource center and transportation network company cannot reach an agreement, then they are required to submit issues of dispute before a jointly agreed-upon mediator.
(iii) After mediation lasting no more than two months has been exhausted and no resolution has been reached, then the parties will proceed to binding arbitration before a panel of arbitrators consisting of one arbitrator selected by the driver resource center, one arbitrator selected by the transportation network company, and a third arbitrator selected by the other two. If the two selected arbitrators cannot agree to the third arbitrator within 10 days, then the third arbitrator shall be determined from a list of seven arbitrators with experience in labor disputes or interest arbitration designated by the American arbitration association. A coin toss shall determine which side strikes the first name. Thereafter the other side shall strike a name. The process will continue until only one name remains, who shall be the third arbitrator. Alternatively, the driver resource center and the transportation network company may agree to a single arbitrator.
(iv) The arbitrators must submit their decision, based on majority rule, within 60 days of the panel or arbitrator being chosen.
(v) The decision of the majority of arbitrators is final and binding and will then be submitted to the director of the department for final approval.
(c) In reviewing any agreement between a transportation network company and the driver resource center, under (a) of this subsection, the department shall review the agreement to ensure that its content is consistent with this subsection and the public policy goals set forth in this subsection. The department shall consider in its review both qualitative and quantitative effects of the agreement and how the agreement comports with the state policies set forth in this section. In conducting a review, the record shall not be limited to the submissions of the parties nor to the terms of the proposed agreement and the department shall have the right to conduct public hearings and request additional information from the parties, provided that such information: (i) Is relevant for determining whether the agreement complies with this subsection; and (ii) does not contain either parties' confidential, proprietary, or privileged information, or any individual's personal identifying information from the parties. The department may approve or reject a proposed agreement, and may require the parties to submit a revised proposal on all or particular parts of the proposed agreement. If the department rejects an agreement, it shall set forth its reasoning in writing and shall suggest ways the parties may remedy the failures. Absent good cause, the department shall issue a written determination regarding its approval or rejection within 60 days of submission of the agreement.
(d)(i) For any account deactivation, the transportation network company shall provide notification to the driver, at the time of deactivation, that the driver may have the right to representation by the driver resource center to appeal the account deactivation.
(ii) A transportation network company must provide any driver whose account is subject to an account deactivation between June 9, 2022, and the effective date of the agreement the contact information of the driver resource center and notification that the driver may have the right to appeal the account deactivation with representation by the driver resource center.
(16) The department may adopt rules to implement this section.
[ 2025 c 229 s 3; 2022 c 281 s 1. ]
NOTES:
Effective date—2025 c 229 s 3: "Section 3 of this act takes effect July 1, 2026." [ 2025 c 229 s 5.]
(1) The legislature recognizes that providing education and outreach to drivers regarding their rights and obligations furthers the state's interest in having a vibrant knowledgeable workforce and safe and satisfied consumers. The legislature therefore intends to create a way of providing education, outreach, and support to workers who, because of the nature of their work, do not have access to such support through traditional avenues.
(2) The driver resource center fund is created in the custody of the state treasurer. All moneys received from the remittance in RCW 49.46.300(12) must be deposited into the fund.
(3) Only the director of the department of labor and industries or the director's designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(4) The department may make expenditures from the fund for the following purposes:
(a) Services provided by the driver resource center, as defined in RCW 49.46.300, to drivers and administrative costs of providing such support. The department must distribute funding received by the account, exclusive of the department's administrative costs deducted under (b) of this subsection, to the center on a quarterly basis; and
(b) The department's costs of administering the fund and its duties under RCW 49.46.300, not to exceed 10 percent of revenues to the fund.
(5) Within four months of June 9, 2022, the director of the department or the director's designee shall, through a competitive process, select and contract with a qualified nonprofit organization to be the driver resource center.
[ 2022 c 281 s 2. ]
(1)(a) If a driver files a complaint with the department alleging that a transportation network company failed to provide any compensation amounts due to the driver under RCW 49.46.300, the department shall investigate the complaint under this section. Unless otherwise resolved, the department shall issue either a citation and notice of assessment or a determination of compliance no later than 60 days after the date on which the department received the compensation-related complaint. The department may extend the time period by providing advance written notice to the driver and the transportation network company setting forth good cause for an extension of the time period and specifying the duration of the extension.
(b) The department may not investigate any alleged compensation-related violation that occurred more than three years before the date that the driver filed the compensation-related complaint.
(c) The department shall send the citation and notice of assessment or the determination of compliance to both the transportation network company and the driver by service of process or using a method by which the mailing can be tracked or the delivery can be confirmed to their last known addresses. A transportation network company may designate a mailing address of record for service, and additionally may provide an email address to which the department shall direct electronic courtesy copies of mailed correspondence, if such email address is provided.
(2) If the department determines that a transportation network company has violated a compensation requirement in RCW 49.46.300 and issues to the transportation network company a citation and notice of assessment, the department may order the transportation network company to pay drivers all compensation owed, including interest of one percent per month on all compensation owed, to the driver. The compensation and interest owed must be calculated from the first date compensation was owed to the driver, except that the department may not order the transportation network company to pay any compensation and interest that were owed more than three years before the date the complaint was filed with the department.
(3) If the department determines that the compensation-related violation was a willful violation, and the transportation network company fails to take corrective action, the department also may order the transportation network company to pay the department a civil penalty as specified in (a) of this subsection.
(a) A civil penalty for a willful violation shall be not less than $1,000 or an amount equal to 10 percent of the total amount of unpaid compensation per claimant, whichever is greater. The maximum civil penalty for a willful violation of requirements in RCW 49.46.300 shall be $20,000 per claimant.
(b) The department may not assess a civil penalty if the transportation network company reasonably relied on: (i) A rule related to any requirements in this section; (ii) a written order, ruling, approval, opinion, advice, determination, or interpretation of the director; or (iii) an interpretive or administrative policy issued by the department and filed with the office of the code reviser. In accordance with the department's retention schedule obligations under chapter 40.14 RCW, the department shall maintain a complete and accurate record of all written orders, rulings, approvals, opinions, advice, determinations, and interpretations for purposes of determining whether a transportation network company is immune from civil penalties under this subsection (3)(b).
(c) The department shall waive any civil penalty assessed against a transportation network company under this section if the transportation network company is not a repeat willful violator, and the director determines that the transportation network company has provided payment to the driver of all compensation that the department determined that the transportation network company owed to the driver, including interest, within 30 days of the transportation network company's receipt of the citation and notice of assessment from the department.
(d) The department may waive or reduce at any time a civil penalty assessed under this section if the director determines that the transportation network company paid all compensation and interest owed to a driver.
(e) The department shall deposit civil penalties paid under this section in the wage recovery account created under RCW 49.48.231.
(4) Upon payment by a transportation network company, and acceptance by a driver, of all compensation and interest assessed by the department in a citation and notice of assessment issued to the transportation network company, the fact of such payment by the transportation network company, and of such acceptance by the driver, shall: (a) Constitute a full and complete satisfaction by the transportation network company of all specific requirements of RCW 49.46.300 addressed in the citation and notice of assessment; and (b) bar the driver from initiating or pursuing any court action or other judicial or administrative proceeding, including arbitration, based on the specific requirements addressed in the citation and notice of assessment. The citation and notice of assessment shall include a notification and summary of the specific requirements of RCW 49.46.300.
(5) The applicable statute of limitations for civil actions is tolled during the department's investigation of a driver's complaint against a transportation network company. For the purposes of this subsection, the department's investigation begins on the date the driver files the complaint with the department and ends when: (a) The complaint is finally determined through a final and binding citation and notice of assessment or determination of compliance; or (b) the department notifies the transportation network company and the driver in writing that the complaint has been otherwise resolved or that the driver has elected to terminate the department's administrative action under subsection (12) of this section.
(6) A person, firm, or corporation aggrieved by a citation and notice of assessment or a determination of compliance issued by the department under this section or the assessment of a civil penalty due to a determination of status as a repeat willful violator may appeal the citation and notice of assessment, the determination of compliance, or the assessment of a civil penalty to the director by filing a notice of appeal with the director within 30 days of the department's service, as provided in subsection (1) of this section, on the aggrieved party of the citation and notice of assessment, the determination of compliance, or the assessment of a civil penalty. A citation and notice of assessment, a determination of compliance, or an assessment of a civil penalty not appealed within 30 days is final and binding, and not subject to further appeal.
(7) A notice of appeal filed with the director under this section shall stay the effectiveness of the citation and notice of assessment, the determination of compliance, or the assessment of a civil penalty pending final review of the appeal by the director as provided for in chapter 34.05 RCW.
(8) Upon receipt of a notice of appeal, the director shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order. The hearing and review procedures shall be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation and notice of assessment, an appealed determination of compliance, or an appealed assessment of a civil penalty shall be de novo. Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within 30 days after service of the initial order. The director shall conduct administrative review in accordance with chapter 34.05 RCW.
(9) The director shall issue all final orders after appeal of the initial order. The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.
(10) Orders that are not appealed within the time period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.
(11) Absent good cause, a transportation network company that fails to allow adequate inspection of records in an investigation by the department under this chapter within a reasonable time period may not use such records in any appeal under this section to challenge the correctness of any determination by the department of wages owed or penalties assessed.
(12) A driver who has filed a complaint under this section with the department may elect to terminate the department's administrative action, thereby preserving any private right of action, if any exists, by providing written notice to the department within 10 business days after the driver's receipt of the department's citation and notice of assessment.
(13) If the driver elects to terminate the department's administrative action: (a) The department shall immediately discontinue its action against the transportation network company; (b) the department shall vacate a citation and notice of assessment already issued by the department to the transportation network company; and (c) the citation and notice of assessment, and any related findings of fact or conclusions of law by the department, and any payment or offer of payment by the transportation network company of the compensation, including interest, assessed by the department in the citation and notice of assessment, shall not be admissible in any court action or other judicial or administrative proceeding.
(14) Nothing in this section shall be construed to limit or affect: (a) The right of any driver to pursue any judicial, administrative, or other action available with respect to a transportation network company; (b) the right of the department to pursue any judicial, administrative, or other action available with respect to a driver that is identified as a result of a complaint for a violation of RCW 49.46.300; or (c) the right of the department to pursue any judicial, administrative, or other action available with respect to a transportation network company in the absence of a complaint for a violation of RCW 49.46.300. For purposes of this subsection, "driver" means a driver other than a driver who has filed a complaint with the department and who thereafter has elected to terminate the department's administrative action as provided in subsection (1) of this section.
(15) After a final order is issued under this section, and served as provided in subsection (1) of this section, if a transportation network company defaults in the payment of: (a) Any compensation determined by the department to be owed to a driver, including interest; or (b) any civil penalty ordered by the department under this section, the director may file with the clerk of any county within the state a warrant in the amount of the payment plus any filing fees. The clerk of the county in which the warrant is filed shall immediately designate a superior court cause number for the warrant, and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of the transportation network company mentioned in the warrant, the amount of payment due plus any filing fees, and the date when the warrant was filed. The aggregate amount of the warrant as docketed becomes a lien upon the title to, and interest in, all real and personal property of the transportation network company against whom the warrant is issued, the same as a judgment in a civil case docketed with the superior court clerk. The sheriff shall proceed upon the warrant in all respects and with like effect as prescribed by law with respect to execution or other process issued against rights or property upon judgment in a court of competent jurisdiction. The warrant so docketed is sufficient to support the issuance of writs of garnishment in favor of the state in a manner provided by law in case of judgment, wholly or partially unsatisfied. The clerk of the court is entitled to a filing fee which will be added to the amount of the warrant. A copy of the warrant shall be served on the transportation network company, as provided in subsection (1) of this section, within three days of filing with the clerk.
(16)(a) The director may issue to any person, firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or any agency of the state, a notice and order to withhold and deliver property of any kind when he or she has reason to believe that there is in the possession of the person, firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or agency of the state, property that is or will become due, owing, or belonging to a transportation network company upon whom a notice of assessment has been served by the department for payments or civil penalties due to the department. The effect of a notice and order is continuous from the date the notice and order is first made until the liability out of which the notice and order arose is satisfied or becomes unenforceable because of lapse of time. The department shall release the notice and order when the liability out of which the notice and order arose is satisfied or becomes unenforceable by reason of lapse of time and shall notify the person against whom the notice and order was made that the notice and order has been released.
(b) The notice and order to withhold and deliver must be served by the sheriff of the county or by the sheriff's deputy, by certified mail, return receipt requested, or by the director. A person, firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or agency of the state upon whom service has been made shall answer the notice within 20 days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the notice and order. Upon service of the notice and order, if the party served possesses any property that may be subject to the claim of the department, the party shall promptly deliver the property to the director. The director shall hold the property in trust for application on the transportation network company's indebtedness to the department, or for return without interest, in accordance with a final determination of a petition for review. In the alternative, the party shall furnish a good and sufficient surety bond satisfactory to the director conditioned upon final determination of liability. If a party served and named in the notice fails to answer the notice within the time prescribed in this section, the court may render judgment by default against the party for the full amount claimed by the director in the notice, together with costs. If a notice is served upon a transportation network company and the property subject to it is compensation, the transportation network company may assert in the answer all exemptions provided for by chapter 6.27 RCW to which the compensation earner is entitled.
(c) As an alternative to the methods of service described in this section, the department may electronically serve a financial institution with a notice and order to withhold and deliver by providing a list of its outstanding warrants, except those for which a payment agreement is in good standing, to the department of revenue. The department of revenue may include the warrants provided by the department in a notice and order to withhold and deliver served under RCW 82.32.235(3). A financial institution that is served with a notice and order to withhold and deliver under this subsection (16)(c) must answer the notice within the time period applicable to service under RCW 82.32.235(3). The department and the department of revenue may adopt rules to implement this subsection (16)(c).
(17)(a) In addition to the procedure for collection of compensation owed, including interest, and civil penalties as set forth in this section, the department may recover compensation owed, including interest, and civil penalties assessed under RCW 49.48.083 in a civil action brought in a court of competent jurisdiction of the county where the violation is alleged to have occurred.
(b) The department may use the procedures under this section to foreclose compensation liens established under chapter 60.90 RCW. When the department is foreclosing on a compensation lien, the date the compensation lien was originally filed shall be the date by which priority is determined, regardless of the date the warrant is filed under this section.
(18) Whenever any transportation network company quits business, sells out, exchanges, or otherwise disposes of the transportation network company's business or stock of goods, any person who becomes a successor to the business becomes liable for the full amount of any outstanding citation and notice of assessment or penalty against the transportation network company's business under this chapter if, at the time of the conveyance of the business, the successor has: (a) Actual knowledge of the fact and amount of the outstanding citation and notice of assessment; or (b) a prompt, reasonable, and effective means of accessing and verifying the fact and amount of the outstanding citation and notice of assessment from the department. If the citation and notice of assessment or penalty is not paid in full by the transportation network company within 10 days of the date of the sale, exchange, or disposal, the successor is liable for the payment of the full amount of the citation and notice of assessment or penalty, and payment thereof by the successor must, to the extent thereof, be deemed a payment upon the purchase price. If the payment is greater in amount than the purchase price, the amount of the difference becomes a debt due the successor from the transportation network company.
(19) This section does not affect other collection remedies that are otherwise provided by law.
[ 2026 c 53 s 7; 2022 c 281 s 3. ]
(1) If a driver files a complaint with the department alleging a violation of any noncompensation requirement of RCW 49.46.300 (7) through (10) and (12) through (14), the department shall investigate the complaint under this section.
(a) The department may not investigate any such alleged violation that occurred more than three years before the date that the driver filed the complaint or prior to this law going into effect.
(b) If a driver files a timely complaint with the department, the department will investigate the complaint and issue either a citation assessing a civil penalty or a closure letter within 60 days after the date on which the department received the complaint, unless the complaint is otherwise resolved. The department may extend the period by providing advance written notice to the driver and the transportation network company setting forth good cause for an extension of the period, and specifying the duration of the extension.
(c) The department shall send notice of either a citation and notice of assessment or a citation assessing a civil penalty or the closure letter to both the transportation network company and the driver by service of process or by United States mail using a method by which delivery of such written notice to the transportation network company can be tracked and confirmed. A transportation network company may designate a mailing address of record for service, and additionally may provide an email address to which the department shall direct electronic courtesy copies of mailed correspondence, if such email address is provided.
(2) If the department's investigation finds that the driver's allegation cannot be substantiated, the department shall issue a closure letter to the driver and the transportation network company detailing such finding.
(3) If the department determines that the violation was a willful violation, and the transportation network company fails to take corrective action, the department may order the transportation network company to pay the department a civil penalty as specified in (a) of this subsection.
(a) A citation assessing a civil penalty for a willful violation will be $1,000 for each willful violation. For a repeat willful violator, the citation assessing a civil penalty will not be less than $2,000 for each repeat willful violation per claimant, but no greater than $20,000 for each repeat willful violation per claimant.
(b) The department may not issue a citation assessing a civil penalty if the transportation network company reasonably relied on: (i) A written order, ruling, approval, opinion, advice, determination, or interpretation of the director; or (ii) an interpretive or administrative policy issued by the department and filed with the office of the code reviser. In accordance with the department's retention schedule obligations under chapter 40.14 RCW, the department shall maintain a complete and accurate record of all written orders, rulings, approvals, opinions, advice, determinations, and interpretations for purposes of determining whether a transportation network company is immune from civil penalties under this subsection (3)(b).
(c) The department may, at any time, waive or reduce a civil penalty assessed under this section if the director determines that the transportation network company has taken corrective action to resolve the violation.
(d) The department shall deposit civil penalties paid under this section in the wage recovery account created under RCW 49.48.231.
(e) If the department determines that a transportation network company has violated RCW 49.46.300(12), and issues to the transportation network company a citation and notice of assessment, the department may order the transportation network company to pay all owed remittance payments as required under RCW 49.46.300(12). The department shall deposit all owed remittance payments in the driver resource center fund.
(4) For purposes of this section, the following definitions apply:
(a) "Repeat willful violator" means any transportation network company that has been the subject of a final and binding citation for a willful violation of one or more rights under this chapter and all applicable rules, within three years of the date of issuance of the most recent citation for a willful violation of one or more such rights.
(b) "Willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute.
(5) A person, firm, or corporation aggrieved by a citation assessing a civil penalty issued by the department under this section may appeal the citation assessing a civil penalty to the director by filing a notice of appeal with the director within 30 days of the department's issuance of the citation assessing a civil penalty. A citation assessing a civil penalty not appealed within 30 days is final and binding, and not subject to further appeal.
(6) A notice of appeal filed with the director under this section stays the effectiveness of the citation assessing a civil penalty pending final review of the appeal by the director as provided for in chapter 34.05 RCW.
(7) Upon receipt of a notice of appeal, the director shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order. The hearing and review procedures must be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation assessing a civil penalty must be de novo. Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within 30 days after service of the initial order. The director shall conduct administrative review in accordance with chapter 34.05 RCW.
(8) The director shall issue all final orders after appeal of the initial order. The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.
(9) Orders that are not appealed within the period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.
(10) Absent good cause, a transportation network company that fails to allow adequate inspection of records in an investigation by the department under this section within a reasonable time period may not use such records in any appeal under such rules to challenge the correctness of any determination by the department of penalties assessed.
(11) Collections of unpaid citations assessing civil penalties will be handled pursuant to the procedures outlined in RCW 49.48.086.
(12) If the department determines that a transportation network company has violated the requirements in RCW 49.46.300(12) to collect and remit the established fee, and issues to the transportation network company a citation and notice of assessment, the department may order the transportation network company to pay all owed remittance payments as required under RCW 49.46.300(12). The department shall deposit all unpaid remittance amounts into the driver resource center fund established in RCW 49.46.310.
[ 2026 c 53 s 8; 2022 c 281 s 4. ]
(1) It is unlawful for a transportation network company to interfere with, restrain, or deny the exercise of any driver right provided under or in connection with RCW 49.46.300 and 49.46.210(5). This means a transportation network company may not use a driver's exercise of any of the rights provided under RCW 49.46.300 and 49.46.210(5) as a factor in any action that adversely affects the driver's use of the transportation network.
(2) It is unlawful for a transportation network company to adopt or enforce any policy that counts the use of earned paid sick time for a purpose authorized under RCW 49.46.210(1) (b) and (c) as time off the platform that may lead to or result in temporary or permanent deactivation by the transportation network company against the driver.
(3) It is unlawful for a transportation network company to take any adverse action against a driver because the driver has exercised their rights provided under RCW 49.46.300 and 49.46.210(5). Such rights include, but are not limited to: Filing an action, or instituting or causing to be instituted any proceeding under or related to RCW 49.46.300 and 49.46.210(5), or testifying or intending to testify in any such proceeding related to any rights provided under RCW 49.46.300 and 49.46.210(5).
(4) Adverse action means any action taken or threatened by a transportation network company against a driver for the driver's exercise of rights under RCW 49.46.300 and 49.46.210(5).
(5) A driver who believes that he or she was subject to retaliation by a transportation network company for the exercise of any driver right under RCW 49.46.300 and 49.46.210(5) may file a complaint with the department within 180 days of the alleged retaliatory action. The department may, at its discretion, extend the 180-day period on recognized equitable principles or because of extenuating circumstances beyond the control of the department. The department may extend the 180-day period when there is a preponderance of evidence that the transportation network company has concealed or misled the driver regarding the alleged retaliatory action.
(6) If a driver files a timely complaint with the department alleging retaliation, the department shall investigate the complaint and issue either a citation and notice of assessment or a determination of compliance within 90 days after the date on which the department received the complaint, unless the complaint is otherwise resolved. The department may extend the period by providing advance written notice to the driver and the transportation network company setting forth good cause for an extension of the period, and specifying the duration of the extension.
(7) The department may consider a complaint to be otherwise resolved when the driver and the transportation network company reach a mutual agreement to remedy any retaliatory action, or the driver voluntarily and on the driver's own initiative withdraws the complaint.
(8) If the department's investigation finds that the driver's allegation of retaliation cannot be substantiated, the department shall issue a determination of compliance to the driver and the transportation network company detailing such finding.
(9) If the department's investigation finds that the transportation network company retaliated against the driver, and the complaint is not otherwise resolved, the department may, at its discretion, notify the transportation network company that the department intends to issue a citation and notice of assessment, and may provide up to 30 days after the date of such notification for the transportation network company to take corrective action to remedy the retaliatory action. If the complaint is not otherwise resolved, then the department shall issue a citation and notice of assessment. The department's citation and notice of assessment may:
(a) Order the transportation network company to make payable to the driver earnings that the driver did not receive due to the transportation network company's retaliatory action, including interest of one percent per month on all earnings owed. The earnings and interest owed will be calculated from the first date earnings were owed to the driver;
(b) Order the transportation network company to restore the contract of the driver, unless otherwise prohibited by law;
(c) Order the transportation network company to cease using any policy that counts the use of earned paid sick time as time off the platform or an adverse action against the driver;
(d) For the first violation, order the transportation network company to pay the department a civil penalty established in subsection (15) of this section; and
(e) For a repeat violation, order the transportation network company to pay the department up to double the civil penalty established in subsection (15) of this section.
(10) The department shall send the citation and notice of assessment or determination of compliance to both the transportation network company and driver by service of process or using a method by which the mailing can be tracked or the delivery can be confirmed to their last known addresses. A transportation network company may designate a mailing address of record for service, and additionally may provide an email address to which the department shall direct electronic courtesy copies of mailed correspondence, if such email address is provided.
(11) During an investigation of the driver's retaliation complaint, if the department discovers information suggesting alleged violations by the transportation network company of the driver's other rights under this chapter, and all applicable rules, the department may investigate and take appropriate enforcement action without requiring the driver to file a new or separate complaint. In the event the department so expands an investigation, it shall provide reasonable notice to the transportation network company that it is doing so. If the department determines that the transportation network company violated additional rights of the driver under this chapter, and all applicable rules, the transportation network company may be subject to additional enforcement actions for the violation of such rights. If the department discovers information alleging the transportation network company retaliated against or otherwise violated rights of other drivers under this chapter, and all applicable rules, the department may launch further investigation under this chapter, and all applicable rules, without requiring additional complaints to be filed.
(12) The department may prioritize retaliation investigations as needed to allow for timely resolution of complaints.
(13) Nothing in this section impedes the department's ability to investigate under the authority prescribed in RCW 49.48.040.
(14) Nothing in this section precludes a driver's right to pursue private legal action, if any exists.
(15) If the department's investigation finds that a transportation network company retaliated against a driver, pursuant to the procedures outlined in this section, the department may order the transportation network company to pay the department a civil penalty. A civil penalty for a transportation network company's retaliatory action will not be less than $1,000 or an amount equal to 10 percent of the total amount of unpaid earnings attributable to the retaliatory action per claimant, whichever is greater. The maximum civil penalty for a transportation network company's retaliatory action shall be $20,000 per claimant for the first violation, and $40,000 for each repeat violation.
(16) The department may, at any time, waive or reduce any civil penalty assessed against a transportation network company under this section if the department determines that the transportation network company has taken corrective action to remedy the retaliatory action.
(17) The department will deposit civil penalties paid under this section in the wage recovery account created under RCW 49.48.231.
(18) Collections of amounts owed for unpaid citations and notices of assessment, as detailed in this section, will be handled pursuant to the procedures outlined in RCW 49.48.086.
(19) A person, firm, or corporation aggrieved by a citation and notice of assessment or a determination of compliance may, within 30 days after the date of such determination, submit a request for reconsideration to the department setting forth the grounds for seeking such reconsideration, or submit an appeal to the director pursuant to the procedures outlined in subsection (22) of this section. If the department receives a timely request for reconsideration, the department shall either accept the request or treat the request as a notice of appeal.
(20) If a request for reconsideration is accepted, the department shall send notice of the request for reconsideration to the transportation network company and the driver. The department shall determine if there are any valid reasons to reverse or modify the department's original decision to issue a citation and notice of assessment or determination of compliance within 30 days of receipt of such request. The department may extend this period by providing advance written notice to the driver and transportation network company setting forth good cause for an extension of the period, and specifying the duration of the extension. After reviewing the reconsideration, the department shall either:
(a) Notify the driver and the transportation network company that the citation and notice of assessment or determination of compliance is affirmed; or
(b) Notify the driver and the transportation network company that the citation and notice of assessment or determination of compliance has been reversed or modified.
(21) A request for reconsideration submitted to the department shall stay the effectiveness of the citation and notice of assessment or the determination of compliance pending the reconsideration decision by the department.
(22)(a) Within 30 days after the date the department issues a citation and notice of assessment or a determination of compliance, or within 30 days after the date the department issues its decision on the request for reconsideration, a person, firm, or corporation aggrieved by a citation and notice of assessment or a determination of compliance may file with the director a notice of appeal.
(b) A notice of appeal filed with the director under this section shall stay the effectiveness of the citation and notice of assessment or the determination of compliance pending final review of the appeal by the director as provided for in chapter 34.05 RCW.
(c) Upon receipt of a notice of appeal, the director shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order. The hearing and review procedures shall be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation and notice of assessment or determination of compliance shall be de novo. Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within 30 days after service of the initial order. The director shall conduct administrative review in accordance with chapter 34.05 RCW.
(23) If a request for reconsideration is not submitted to the department within 30 days after the date of the original citation and notice of assessment or determination of compliance, and a person, firm, or corporation aggrieved by a citation and notice of assessment or determination of compliance did not submit an appeal to the director, then the citation and notice of assessment or determination of compliance is final and binding, and not subject to further appeal.
(24) The director shall issue all final orders after appeal of the initial order. The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.
(25) The director's orders that are not appealed within the time period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.
(26) Absent good cause, a transportation network company that fails to allow adequate inspection of records in an investigation by the department under this section within a reasonable time period may not use such records in any appeal under such rules to challenge the correctness of any determination by the department.
[ 2026 c 53 s 9; 2022 c 281 s 5. ]
(1) If a driver files a complaint with the department alleging that the transportation network company failed to provide the driver with earned paid sick time as provided in RCW 49.46.210, the department shall investigate the complaint as an alleged violation of a compensation-related requirement of RCW 49.46.300.
(2) When the department's investigation results in a finding that the transportation network company failed to provide the driver with earned paid sick time accrual, use, or carryover during an ongoing contractual relationship, the driver may elect to:
(a) Receive full access to the balance of accrued earned paid sick time hours unlawfully withheld by the transportation network company, based on a calculation of one hour of earned paid sick time for every 40 hours of passenger platform time worked; or
(b) Receive payment from the transportation network company at their average hourly compensation for each hour of earned paid sick time that the driver would have used or been reasonably expected to use, whichever is greater, during the period of noncompliance, not to exceed an amount the driver would have otherwise accrued. The driver will receive full access to the balance of accrued earned paid sick time unlawfully withheld by the transportation network company, less the number of earned paid sick time paid out to the driver pursuant to this subsection.
(3) For a driver whose contract with the transportation network company is terminated or who has not recorded passenger platform time on the transportation network company's driver platform for 365 days or more, when the department's investigation results in a finding that the transportation network company failed to provide the driver with earned paid sick time accrual, use, or carryover, the driver may elect to receive payment at their average hourly compensation for earned paid sick time that the driver would have earned or been reasonably expected to use, whichever is greater, during the period of noncompliance, receive reinstatement of the balance of earned paid sick time, or receive a combination of payment and reinstatement from the transportation network company for all earned paid sick time that would have accrued during the period of noncompliance, unless such reinstatement is prohibited by law.
(4) The department's notice of assessment, pursuant to RCW 49.48.083, may order the transportation network company to provide the driver any combination of reinstatement and payment of accrued, unused earned paid sick time assessed pursuant to subsection (2) or (3) of this section, unless such reinstatement is prohibited by law.
(5) For purposes of this section, a transportation network company found to be in noncompliance cannot cap the driver's carryover of earned paid sick time at 40 hours to the following year for each year of noncompliance.
(6) The department may promulgate rules and regulations in accordance with this section.
[ 2022 c 281 s 7. ]
(1) No adult entertainment establishment may allow any person under the age of 18 on the premises. If an establishment serves alcohol, the establishment may not allow any person under the age of 21 on the premises. This includes, but is not limited to, any employee, entertainer, contractor, or customer.
(2) Any leasing fee or other fee charged by an establishment to an entertainer must:
(a) Apply equally to all entertainers in a given establishment;
(b) Be stated in a written contract; and
(c) Continue to apply for a period of not less than three months with effective dates.
(3) An establishment may not charge an entertainer:
(a) Any fees or interest for late payment or nonpayment of any fee;
(b) A fee for failure to appear at a scheduled time;
(c) Any fees or interest that result in the entertainer carrying forward an unpaid balance from any previously incurred leasing fee;
(d) Any leasing fee in an amount greater than the entertainer receives during the applicable period of access to or usage of the establishment premises; or
(e)(i) Within an eight-hour period, any leasing fee that exceeds:
(A) The lesser of $150 or 30 percent of amounts collected by the entertainer, excluding amounts collected for adult entertainment provided in a private performance area; and
(B) 30 percent of amounts collected by the entertainer for adult entertainment provided in a private performance area.
(ii) If an establishment charges an entertainer a leasing fee, the contract must include a method for estimating the total amount collected by the entertainer in any eight-hour period for the purposes of this subsection (3).
(4) This section does not prevent an establishment from providing leasing discounts or credits to encourage scheduling or charge leasing fees that vary based on the time of day.
(5) All establishments must display signage in areas designated for entertainers that entertainers are not required to surrender any tips or gratuities and an establishment may not take adverse action against an entertainer in response to the entertainer's use or collection of tips or gratuities.
(6) No establishment may refuse to provide an entertainer with written notice of the reason or reasons for any termination or refusal to rehire the entertainer. Such notice must be provided within 10 business days of the termination or refusal to rehire the entertainer.
(7) The department may enforce subsections (2) through (6) of this section under the provisions of this chapter and any applicable rules. Any amounts owed to an entertainer under this section may be enforced as a wage payment requirement under RCW 49.48.082. Any other violation may be enforced as an administrative violation under this chapter and any applicable rules. The department must share information regarding violations of this section with the liquor and cannabis board.
(8) The department may adopt rules to implement this chapter.
(9) The department must adjust the dollar amount in subsection (3)(e) of this section every two years, beginning January 1, 2027, based upon changes in the consumer price index during that time period.
(10) For purposes of this section:
(a) "Adult entertainment" has the same meaning as in RCW 49.17.470.
(b) "Adult entertainment establishment" or "establishment" has the same meaning as in RCW 49.17.470.
(c) "Entertainer" means any person who provides adult entertainment within an adult entertainment establishment, whether or not a fee is charged or accepted for entertainment and whether or not the person is an employee under RCW 49.46.010.
(d) "Leasing fee" means a fee, charge, or other request for money from an entertainer by an establishment in exchange for the entertainer's access or use of the establishment premises or for allowing an entertainer to conduct entertainment on the premises.
[ 2024 c 250 s 2. ]
NOTES:
Effective date—2024 c 250 ss 1 and 2: See note following RCW 49.17.470.
Rule repeal—2024 c 250: See note following RCW 66.24.720.
(1) Any employer that coerces an employee in furtherance of the employer committing a violation of wage payment requirements as defined in chapter 49.48 RCW, condition of labor requirements as defined in chapter 49.12 RCW, or any violations under chapter 49.30 RCW, including rules issued by the department pursuant to chapter 49.30 RCW, is subject to a civil penalty under this section, in addition to any other penalty that may be imposed by the department against an employer for those violations. If an employer's violation subjects the employer to a penalty under this section and a separate penalty under RCW 49.46.100, the employer must be assessed the higher amount of the two penalties.
(2) A worker who believes the worker was subject to coercion by the worker's employer based on the worker's immigration status may file a complaint with the department within 180 days of the alleged coercive action.
(3)(a) The department must investigate a complaint of coercion by an employer based on immigration status.
(b) Unless otherwise resolved, the department shall issue either a notice of citation assessing a penalty or a closure letter no later than 90 days after the date on which the department received the complaint.
(c) The department may extend the time period by providing advance written notice to the employee and the employer setting forth good cause for an extension of the time period and specifying the duration of the extension.
(d) The department shall send the citation assessing a penalty or closure letter to both the employer and the employee by service of process or using a method by which the citation assessing a penalty or closure letter can be tracked or the delivery can be confirmed to their last known addresses. Before using an electronic method for the first time under this section, the department must provide the employer and the employee the option to receive communication through a nonelectronic method.
(e) If the department's investigation finds that the employee's allegation cannot be substantiated, the department must issue a closure letter to the employee and employer detailing such finding.
(f) If the department determines the employer violated this section, the department must assess a civil penalty for each coercive act as follows:
(i) For the first violation, a civil penalty not to exceed $1,000;
(ii) For the second violation, a civil penalty not to exceed $5,000; and
(iii) For any subsequent violation, a civil penalty not to exceed $10,000.
(4) Each act of coercion against each affected employee constitutes a separate violation of chapter 236, Laws of 2025.
(5) The department shall deposit all civil penalties paid under this section in the wage recovery account created under RCW 49.48.231.
(6)(a) The penalties payable pursuant to this section shall be adjusted for inflation every three years, beginning July 1, 2028, based upon changes in the consumer price index during that time period.
(b) For purposes of this subsection, "consumer price index" means, for any calendar year, that year's average consumer price index for the Seattle, Washington area for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor.
(7) Any personal information about the employee or the employee's family members, including names, in a complaint or investigation is confidential and may be disclosed only to the employer. Any personal information may not be disclosed to any other person or entity without the written permission of the employee.
(8) If, during an investigation of any other complaint, the department discovers information that suggests an employer has coerced an employee based on immigration status, the department may investigate and take appropriate enforcement action without requiring the employee to file a new or separate complaint.
(9)(a) A person, firm, or corporation aggrieved by a citation assessing a civil penalty issued by the department under this section may appeal the citation to the director by filing a notice of appeal with the director within 30 days of the department's issuance of the citation. A citation assessing a civil penalty not appealed within 30 days is final and binding, and not subject to further appeal.
(b) A notice of appeal filed with the director under this section stays the effectiveness of the citation assessing a civil penalty pending final review of the appeal by the director as provided for in chapter 34.05 RCW.
(c) Upon receipt of a notice of appeal, the director shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order. The hearing and review procedures must be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation assessing a civil penalty shall be de novo. Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within 30 days after service of the initial order. The director will conduct administrative review in accordance with chapter 34.05 RCW.
(d) The director shall issue all final orders after appeal of the initial order. The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.
(e) Orders that are not appealed within the period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.
(f) An employer who fails to allow adequate inspection of records in an investigation by the department under this section within a reasonable time period may not use such records in any appeal under such rules to challenge the correctness of any determination by the department of penalties assessed.
(10) The collections procedures under RCW 49.48.086 apply to this section.
(11) For the purposes of this section, "department" means the department of labor and industries.
[ 2026 c 77 s 20; 2026 c 53 s 10; 2025 c 236 s 2. ]
NOTES:
Reviser's note: This section was amended by 2026 c 53 s 10 and by 2026 c 77 s 20, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Rules—2025 c 236: "The department of labor and industries may adopt rules to implement this act." [ 2025 c 236 s 3.]
Effective date—2025 c 236: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2025." [ 2025 c 236 s 4.]
(1) Employers associated with a material recovery facility that annually manages 25,000 tons or more of covered materials under chapter 70A.208 RCW must ensure that workers at the facility receive minimum industry standard compensation, beginning October 1, 2028.
(2) Employers are not required to establish "usual benefit" programs. However, if an employer chooses not to provide such benefits, wages paid must be at the full minimum industry standard rate.
(3)(a) If more than one collective bargaining agreement exists that covers similar or equivalent work in the same county, the higher rate applies.
(b) If no collective bargaining agreement exists that covers similar or equivalent work in the same county, the rate in the county with a collective bargaining agreement that is closest geographically applies.
(4) The minimum industry standard compensation requirements of this section constitute a wage payment requirement as defined in RCW 49.48.082. The department of labor and industries may otherwise enforce this provision as a wage under RCW 49.48.040 through 49.48.080 and the applicable provisions of chapter 49.52 RCW.
(5)(a) The director may initiate an investigation without an employee's complaint to ensure compliance with this section. The department of labor and industries may also initiate an investigation on behalf of one or more employees when the director has reason to believe that a violation has occurred or will occur.
(b) The department of labor and industries may conduct a consolidated investigation for any alleged violation identified under this section, or associated rules, when there are common questions of law or fact. If the department of labor and industries consolidates such matters into a single investigation, the department of labor and industries must provide notice to the employer.
(c) The department of labor and industries may request that an employer perform a self-audit of any records relating to this section, which must be provided within a reasonable time. Reasonable timelines will be specified in the self-audit request. The department of labor and industries must determine reasonable time based on the number of affected employees and the period of time covered by the self-audit. The records examined by the employer in order to perform the self-audit must be made available to the department of labor and industries upon request.
(d) Upon request of the department of labor and industries, an employer must notify affected employees in writing that the department is conducting an investigation. The department of labor and industries may require the employer to include a general description of each investigation as part of the notification, including the allegations and whether the notified employee may be affected. The employer may consult with the department of labor and industries to provide the information for the description of the notification of investigation.
(e) Upon receiving a complaint, the department of labor and industries may request or subpoena the records of the material recovery facility.
(f) In addition to any enforcement authority provided in this section or applicable rules, the department of labor and industries may enforce any violation under this section or applicable rules by filing an action in the superior court for the county in which the violation is alleged to have occurred. If the department of labor and industries prevails, the department is entitled to reasonable attorneys' fees and costs, in the amount to be determined by the court.
(6) The department of labor and industries may adopt rules to implement this section.
(7) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Minimum industry standard compensation" means a wage and usual benefits package equal to or greater than the combined hourly wage and usual benefits package set by a collective bargaining agreement that covers similar or equivalent work in a county.
(b) "Rate of contribution" means the effective annual rate of usual benefit contributions for all hours, public and private, worked during the year by an employee (commonly referred to as "annualization" of benefits). The only exemption to the annualization requirements is for defined contribution pension plans that have immediate participation and vesting.
(c)(i) "Usual benefits" includes the amount of:
(A) The rate of contribution irrevocably made by an employer to a trustee or to a third person pursuant to a fund, plan, or program; and
(B) The rate of costs to the employer, which may be reasonably anticipated in providing benefits to workers pursuant to an enforceable commitment to carry out a financially responsible plan or program that was communicated in writing to the workers affected, for medical or hospital care, pensions on retirement or death, compensation for all injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the employer is not required by other federal, state, or local law to provide any of these benefits.
(ii) To be deemed a "usual benefit," both of the following requirements must be satisfied:
(A) Employer payments for the usual benefit are made only in conformance with all applicable federal and state laws, including the requirements of the employment retirement income security act of 1974, as amended, and of the internal revenue service; and
(B) Employee payments toward the usual benefit, through self-contribution, payroll deduction, or otherwise, do not constitute a credit to the employer for minimum industry standard compensation purposes.
[ 2025 c 316 s 304. ]
(1) All existing rights and remedies available under state or local law for enforcement of the minimum wage shall be applicable to enforce all of the rights established under chapter 2, Laws of 2017.
(2)(a) If the department of social and health services contracts with an individual provider for personal care services or respite care services, the state shall pay individual providers, as defined in RCW 74.39A.240, in accordance with the minimum wage, overtime, and paid sick leave requirements of this chapter, except as provided in subsection (4) of this section.
(b) A consumer directed employer contracting with the state is an employer of individual providers for the purposes of this chapter. Individual providers are employees of the consumer directed employer.
(c) Neither the department of social and health services nor the consumer directed employer may avail itself of any state law minimum wage or overtime exemption, except as provided in subsection (4) of this section.
(3) The definitions in this subsection apply to this section:
(a) "Authorized hours" means the number of paid hours of care included in the client's plan of care as determined by the department of social and health services.
(b) "Client" has the same meaning as in RCW 74.39A.009.
(c) "Consumer directed employer" has the same meaning as in RCW 74.39A.009.
(d) "Family member" includes, but is not limited to, a parent, child, sibling, aunt, uncle, niece, nephew, cousin, grandparent, grandchild, grandniece, grandnephew, or such relatives when related by marriage, adoption, or domestic partnership.
(e) "Household member" means an individual provider who lives with the client and did so before the employment relationship between the client and individual provider began.
(f) "Individual provider" has the same meaning as in RCW 74.39A.240.
(g) "Personal care services" has the same meaning as in RCW 74.39A.009.
(4)(a) Hours worked by an individual provider in excess of the number of authorized hours in the client's plan of care are not compensable if:
(i) The individual provider is a family member or household member of the client, as defined by this section; and
(ii) The client's plan of care is reasonable.
(b) This subsection (4) does not apply to hours worked to address temporary emergencies or an unexpected health or safety event of the client that cannot be postponed.
(c) A client's plan of care is reasonable under (a)(ii) of this subsection if all of the following are true:
(i) The plan of care includes the same number of paid hours it would have if the individual provider were not a family member or household member of the client;
(ii) The plan of care does not reflect unequal treatment of an individual provider or their client because of their familial or household relationship. Unequal treatment includes the plan of care including fewer paid hours than it would have if the client's individual provider were not a family or household member of the client; the plan of care including fewer paid hours because the client's individual provider shares in the benefit of a personal care service or task provided to the client; the plan of care including fewer paid hours because the client lives in a multiclient household and two or more clients benefit from the same personal care service or task being performed; or the plan of care including fewer paid hours because of paid or unpaid assistance provided to a client by that client's paid provider; and
(iii) The department of social and health services does not otherwise require an increase in the hours of unpaid services performed by the family or household member individual provider in order to reduce the number of hours of paid services.
(d) A determination that a plan of care is reasonable for purposes of this section does not mean that the amount or type of services or paid hours to be provided are or are not appropriate for the client under chapter 74.39A RCW.
(5) The department of social and health services retains its core responsibility to manage long-term in-home care services under chapters 74.39A and 74.41 RCW and its authority to set a client's benefit level as required by RCW 74.09.520(3). However, to limit an individual provider's compensable hours as described in subsection (4)(a) of this section, a plan of care must satisfy the requirements of subsection (4)(a) and (c) of this section.
(6) The director of labor and industries may adopt rules to implement this section.
[ 2024 c 224 s 1; 2017 c 2 s 6 (Initiative Measure No. 1433, approved November 8, 2016). ]
NOTES:
Retroactive application—Applicability—2024 c 224: "(1) This act is curative and remedial. It applies retroactively and prospectively to all actions filed under RCW 49.46.800, regardless of when they were filed, except for the actions referenced in subsection (2) of this section.
(2) Subsection (1) of this section does not apply to the following actions: Liang v. State of Washington, No. 20-2-02506-34 (Thurston Cnty. Superior Court); SEIU 775 v. Washington State Dep't of Soc. And Health Servs., No. 97216-8 (Washington Supreme Court); or SEIU 775 v. Washington State Dep't of Soc. And Health Servs., No. 99659-8 (Washington Supreme Court)." [ 2024 c 224 s 2.]
Intent—Effective date—2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005.
The state department of labor and industries must adopt and implement rules to carry out and enforce chapter 2, Laws of 2017, including but not limited to procedures for notification to employees and reporting regarding sick leave, and protecting employees from retaliation for the lawful use of sick leave and exercising other rights under this chapter. The department's rules for enforcement of rights under chapter 2, Laws of 2017 shall be at least equal to enforcement of the minimum wage.
[ 2017 c 2 s 10 (Initiative Measure No. 1433, approved November 8, 2016). ]
NOTES:
Intent—Effective date—2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005.
The provisions of chapter 2, Laws of 2017 are to be liberally construed to effectuate the intent, policies, and purposes of chapter 2, Laws of 2017. Nothing in chapter 2, Laws of 2017 precludes local jurisdictions from enacting additional local fair labor standards that are more favorable to employees, including but not limited to more generous minimum wage or paid sick leave requirements.
[ 2017 c 2 s 11 (Initiative Measure No. 1433, approved November 8, 2016). ]
NOTES:
Intent—Effective date—2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005.
Chapter 2, Laws of 2017 shall be codified in chapter 49.46 RCW and is subject to RCW 49.46.040 (Investigation, etc.) and RCW 49.46.070 (Recordkeeping).
[ 2017 c 2 s 12 (Initiative Measure No. 1433, approved November 8, 2016). ]
NOTES:
Intent—Effective date—2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005.
This chapter may be known and cited as the "Washington Minimum Wage Act."
[ 1961 ex.s. c 18 s 6; 1959 c 294 s 14. ]
This 1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect September 1, 1975.
[ 1975 1st ex.s. c 289 s 5. ]
(1)(a) When any employer pays an employee's wages with any instrument defined by RCW 62A.3-104 that is subsequently returned for nonsufficient funds, the employer shall reimburse the employee for a fee charged by the employee's financial institution for the dishonored instrument so long as the employee presents the instrument within 30 days of its receipt.
(b) The employer shall not be liable to reimburse any fees incurred by the employee if the employer presents written confirmation by the employer's financial institution that the instrument was returned for nonsufficient funds due to an error.
(2) When any employee shall cease to work for an employer, whether by discharge or by voluntary withdrawal, the wages due him or her on account of his or her employment shall be paid to him or her at the end of the established pay period: PROVIDED, HOWEVER, That this subsection shall not apply when workers are engaged in an employment that normally involves working for several employers in the same industry interchangeably, and the several employers or some of them cooperate to establish a plan for the weekly payment of wages at a central place or places and in accordance with a unified schedule of paydays providing for at least one payday each week; but this subsection shall not apply to any such plan until ten days after notice of their intention to set up such a plan shall have been given to the director of labor and industries by the employers who cooperate to establish the plan; and having once been established, no such plan can be abandoned except after notice of their intention to abandon such plan has been given to the director of labor and industries by the employers intending to abandon the plan: PROVIDED FURTHER, That the duty to pay an employee forthwith shall not apply if the labor-management agreement under which the employee has been employed provides otherwise.
(3) It shall be unlawful for any employer to withhold or divert any portion of an employee's wages unless the deduction is:
(a) Required by state or federal law; or
(b) Except as prohibited under RCW 49.48.160, specifically agreed upon orally or in writing by the employee and employer; or
(c) For medical, surgical, or hospital care or service, pursuant to any rule or regulation: PROVIDED, HOWEVER, That the deduction is openly, clearly, and in due course recorded in the employer's books and records.
(4) Subsection (3) of this section shall not be construed to affect the right of any employer or former employer to sue upon or collect any debt owed to said employer or former employer by his or her employees or former employees.
[ 2022 c 28 s 1; 2020 c 84 s 3; 2010 c 8 s 12047; 1971 ex.s. c 55 s 1; 1947 c 181 s 1; 1905 c 112 s 1; 1888 c 128 s 1; Rem. Supp. 1947 s 7594. ]
NOTES:
Saving—1888 c 128: "This act is not to be construed as affecting any bona fide contract heretofore entered into contrary to its provisions and existing at the date of the passage hereof, and continuing by reason of limitation of said contract being still in force." [ 1888 c 128 s 4; no RRS.]
Effective date—1888 c 128: "This act is to take effect on and after its approval." [ 1888 c 128 s 5; no RRS.]
General repealer—1888 c 128: "All laws or parts of laws in conflict with this act be and the same are hereby repealed." [ 1888 c 128 s 6; no RRS.]
The foregoing annotations apply to RCW 49.48.010 through 49.48.030.
Any person, firm, or corporation which violates any of the provisions of RCW 49.48.010 through 49.48.030 and 49.48.060 shall be guilty of a misdemeanor.
[ 1971 ex.s. c 55 s 2; 1933 ex.s. c 20 s 1; 1888 c 128 s 2; RRS s 7595. ]
NOTES:
Wages—Deductions—Rebates, authorized withholding: RCW 49.52.060.
In any action in which any person is successful in recovering judgment for wages or salary owed to him or her, reasonable attorney's fees, in an amount to be determined by the court, shall be assessed against said employer or former employer: PROVIDED, HOWEVER, That this section shall not apply if the amount of recovery is less than or equal to the amount admitted by the employer to be owing for said wages or salary.
[ 2010 c 8 s 12048; 1971 ex.s. c 55 s 3; 1888 c 128 s 3; RRS s 7596. ]
(1) The department of labor and industries may:
(a) Upon obtaining information indicating an employer may be committing a violation under this chapter and chapters 39.12 and 49.46 RCW and associated rules, conduct investigations to ensure compliance with this chapter and chapters 39.12 and 49.46 RCW and associated rules;
(b) Order the payment of all amounts owed the workers under this chapter and chapters 39.12 and 49.46 RCW, and associated rules and institute actions necessary for the collection of the amounts determined owed; and
(c) Take assignments of claims under this chapter and chapters 39.12 and 49.46 RCW, and associated rules and prosecute actions for the collection of amounts owed of persons who are financially unable to employ counsel when in the judgment of the director of the department the claims are valid and enforceable in the courts.
(2) When the department orders the payment of all amounts owed under subsection (1)(b) of this section in an administrative order, including interest of one percent per month on all wages owed, the department may also assess penalties under RCW 49.48.083(3). The amounts and interest owed must be calculated from the first date amounts were owed to the employee, except that the department may not order the employer to pay any amounts and interest that were owed more than three years before the date the department obtained information indicating an employer may have committed violations under this chapter and chapters 39.12 and 49.46 RCW or associated rules. Appeals to administrative orders issued under this section are conducted pursuant to RCW 49.48.084. Collections of the administrative orders issued under this section are conducted pursuant to RCW 49.48.086.
(3) The director of the department or any authorized representative may, for the purpose of carrying out RCW 49.48.040 through 49.48.080: (a) Issue subpoenas to compel the attendance of witnesses or parties and the production of books, papers, or records; (b) administer oaths and examine witnesses under oath; (c) take the verification of proof of instruments of writing; and (d) take depositions and affidavits. If assignments for wage claims are taken, court costs shall not be payable by the department for prosecuting such suits.
(4) The director shall have a seal inscribed "Department of Labor and Industries—State of Washington" and all courts shall take judicial notice of such seal. Obedience to subpoenas issued by the director or authorized representative shall be enforced by the courts in any county.
(5) The director or authorized representative shall have free access to all places and works of labor. Any employer or any agent or employee of such employer who refuses the director or authorized representative admission therein, or who, when requested by the director or authorized representative, willfully neglects or refuses to furnish the director or authorized representative any statistics or information pertaining to his or her lawful duties, which statistics or information may be in his or her possession or under the control of the employer or agent, shall be guilty of a misdemeanor.
[ 2026 c 176 s 1; 1987 c 172 s 1; 1935 c 96 s 1; RRS s 7596-1. ]
Nothing herein contained shall be construed to limit the authority of the prosecuting attorney of any county to prosecute actions, both civil and criminal, for such violations of RCW 49.48.040 through 49.48.080 as may come to his or her knowledge, or to enforce the provisions hereof independently and without specific direction of the director of labor and industries.
[ 2010 c 8 s 12049; 1935 c 96 s 2; RRS s 7596-2. ]
(1) If upon investigation by the director, after taking assignments of any wage claim under RCW 49.48.040 or after receiving a wage complaint as defined in RCW 49.48.082 from an employee, it appears to the director that the employer is representing to his or her employees that he or she is able to pay wages for their services and that the employees are not being paid for their services, the director may require the employer to give a bond in such sum as the director deems reasonable and adequate in the circumstances, with sufficient surety, conditioned that the employer will for a definite future period not exceeding six months conduct his or her business and pay his or her employees in accordance with the laws of the state of Washington.
(2) If within 10 days after demand for such bond the employer fails to provide the same, the director may commence a suit against the employer in the superior court of appropriate jurisdiction to compel him or her to furnish such bond or cease doing business until he or she has done so. The employer shall have the burden of proving the amount thereof to be excessive.
(3) If the court finds that there is just cause for requiring such bond and that the same is reasonable, necessary, or appropriate to secure the prompt payment of the wages of the employees of such employer and his or her compliance with one or more wage payment requirements as defined in RCW 49.48.082, the court shall enjoin such employer from doing business in this state until the requirement is met, or shall make other, and may make further, orders appropriate to compel compliance with the requirement.
(4) Upon being informed of a wage claim against an employer or former employer, the director shall, if such claim appears to be just, immediately notify the employer or former employer, of such claim using an electronic or nonelectronic method. Before using an electronic method for the first time under this subsection, the department must provide the employer or the former employer the option to receive communication through a nonelectronic method. If the employer or former employer fails to pay the claim or make satisfactory explanation to the director of his or her failure to do so, within 30 days thereafter, the employer or former employer shall be liable to a penalty of 10 percent of that portion of the claim found to be justly due. The director shall have a cause of action against the employer or former employer for the recovery of such penalty, and the same may be included in any subsequent action by the director on said wage claim, or may be exercised separately after adjustment of such wage claim without court action. This subsection does not apply to wage complaints made under RCW 49.48.083.
[ 2026 c 77 s 21. Prior: 2010 c 42 s 5; 2010 c 8 s 12050; 1971 ex.s. c 55 s 4; 1935 c 96 s 3; RRS s 7596-3. ]
It shall be the duty of the director of labor and industries to inquire diligently for any violations of RCW 49.48.040 through 49.48.080, and to institute the actions for penalties herein provided, and to enforce generally the provisions of RCW 49.48.040 through 49.48.080.
[ 1935 c 96 s 4; RRS s 7596-4. ]
(1) The director of labor and industries, or the director's designee, may enter into reciprocal agreements with the labor department or corresponding agency of any other state or with the person, board, officer, or commission authorized to act on behalf of such department or agency, for the collection in such other states of claims or judgments for wages and other demands based upon claims assigned to the director.
(2) The director, or the director's designee, may, to the extent provided for by any reciprocal agreement entered into by law or with an agency of another state as herein provided, maintain actions in the courts of such other state for the collection of claims for wages, judgments, and other demands and may assign such claims, judgments, and demands to the labor department or agency of such other state for collection to the extent that such an assignment may be permitted or provided for by the law of such state or reciprocal agreement.
(3) The director, or the director's designee, may, upon the written consent of the labor department or corresponding agency of any other state or of the person, board, officer, or commission of such state authorized to act on behalf of such labor department or corresponding agency, maintain actions in the courts of Washington upon assigned claims for wages, judgments, and demands arising in such other state in the same manner and to the same extent that such actions by the director are authorized when arising in Washington. Such actions may be maintained only in cases where such other state by law or reciprocal agreement extends a like comity to cases arising in Washington.
[ 1985 c 48 s 1. ]
Nothing in RCW 49.48.040 through 49.48.080 shall apply to the payment of wages or compensation of employees directly employed by any county, incorporated city or town, or other municipal corporation. Nor shall anything herein apply to employees, directly employed by the state, any department, bureau, office, board, commission or institution hereof.
[ 1935 c 96 s 5; RRS s 7596-5. ]
The definitions in this section apply throughout this section and RCW 49.48.083 through 49.48.086:
(1) "Citation" means a written determination by the department that a wage payment requirement has been violated.
(2) "Department" means the department of labor and industries.
(3) "Determination of compliance" means a written determination by the department that wage payment requirements have not been violated.
(4) "Director" means the director of the department of labor and industries, or the director's authorized representative.
(5) "Employee" has the meaning provided in: (a) RCW 49.46.010 for purposes of a wage payment requirement set forth in RCW 49.46.020 or 49.46.130; and (b) RCW 49.12.005 for purposes of a wage payment requirement set forth in RCW 49.48.010, 49.52.050, or 49.52.060.
(6) "Employer" has the meaning provided in RCW 49.46.010 for purposes of a wage payment requirement set forth in RCW 49.46.020, 49.46.130, 49.48.010, 49.52.050, or 49.52.060.
(7) "Notice of assessment" means a written notice by the department that, based on a citation, the employer shall pay the amounts assessed under RCW 49.48.083.
(8) "Repeat willful violator" means any employer that has been the subject of a final and binding citation and notice of assessment for a willful violation of a wage payment requirement within three years of the date of issue of the most recent citation and notice of assessment for a willful violation of a wage payment requirement.
(9) "Successor" means any person to whom an employer quitting, selling out, exchanging, or disposing of a business sells or otherwise conveys in bulk and not in the ordinary course of the employer's business, more than 50 percent of the property, whether real or personal, tangible or intangible, of the employer's business.
(10) "Wage" has the meaning provided in RCW 49.46.010.
(11) "Wage complaint" means a complaint from an employee to the department that asserts that an employer has violated one or more wage payment requirements and that is reduced to writing.
(12) "Wage payment requirement" means a wage payment requirement set forth in RCW 49.46.020, 49.46.130, 49.48.010, 49.52.050, 49.52.060, or 49.46.380, and any related rules adopted by the department.
(13) "Willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute, as evaluated under the standards applicable to wage payment violations under RCW 49.52.050(2).
[ 2025 c 316 s 305. Prior: 2010 c 42 s 1; 2006 c 89 s 1. ]
NOTES:
Captions not law—2006 c 89: "Captions used in this act are not any part of the law." [ 2006 c 89 s 8.]
(1)(a) If an employee files a wage complaint with the department, the department ((shall))may investigate the wage complaint. In determining which complaints will be investigated, the department must establish a written process by which wage complaints will be prioritized based on factors including, but not limited to, the harm to the affected employee, the severity of the complaint, the number of employees potentially affected, and the probability of retaliation. The department's enforcement priorities must be made publicly available.
(b) Unless otherwise resolved, when the department accepts a complaint, the department shall issue either a citation and notice of assessment or a determination of compliance no later than 60 days after the date on which the department ((received))accepted the wage complaint. The department may extend the time period by providing advance written notice to the employee and the employer setting forth good cause for an extension of the time period and specifying the duration of the extension.
(c) The department may not investigate any alleged violation of a wage payment requirement that occurred more than three years before the date that the employee filed the wage complaint.
(d) The department shall send the citation and notice of assessment or the determination of compliance to both the employer and the employee by service of process or using a method by which the mailing can be tracked or the delivery can be confirmed to their last known addresses.
(e) During an investigation, if the department discovers information suggesting additional violations of any requirements related to compensation under this chapter, or any associated rule, the department may expand its investigation and take appropriate enforcement action to ensure compliance, without any additional complaints filed. The department may also initiate an investigation on behalf of one or more employees for a violation of any requirement related to compensation under this chapter or any associated rule, when the department has reason to believe a violation has occurred or will occur.
(f) The department may conduct a consolidated investigation for any alleged violation of a requirement related to compensation under this chapter or associated rule when there are common questions of law or fact involving employees of the same employer.
(2) If the department determines that an employer has violated a wage payment requirement and issues to the employer a citation and notice of assessment, the department may order the employer to pay employees all wages owed, including interest of one percent per month on all wages owed, to the employee. The wages and interest owed must be calculated from the first date wages were owed to the employee, except that the department may not order the employer to pay any wages and interest that were owed more than three years before the date the wage complaint was filed with the department.
(3) If the department determines that the violation of the wage payment requirement was a willful violation, the department also may order the employer to pay the department a civil penalty as specified in (a) of this subsection. The department shall assess a civil penalty against any repeat willful violator or any willful violator where the employer previously settled or otherwise resolved a wage complaint more than once in the preceding 12 months or three times in the preceding 24 months.
(a)(i) A civil penalty for a willful violation of a wage payment requirement shall be not less than ((one thousand dollars))$1,500 or an amount equal to ((ten))10 percent of the total amount of unpaid wages, whichever is greater. ((The maximum civil penalty for a willful violation of a wage payment requirement shall be twenty thousand dollars))Beginning in 2030, and every three years thereafter, the department shall increase the base penalty amount by the cumulative rate of inflation, rounded to the nearest 50 dollars, using the same process provided in RCW 49.46.020.
(ii) The department shall, by rule, create a matrix of criteria for the imposition of penalties. In creating the matrix, the department must consider the appropriateness of the penalty with respect to the number of affected employees of the employer subject to the penalty, the gravity of the violation, the size of the employer's business, the good faith of the employer, the source or cause of any error, the promptness of remedy, the employer's history of previous complaints and violations, including enhancements for repeat willful violations, or other factors the department considers relevant.
(b) The department may not assess a civil penalty if the employer reasonably relied on: (i) A rule related to any wage payment requirement; (ii) a written order, ruling, approval, opinion, advice, determination, or interpretation of the director; or (iii) an interpretive or administrative policy issued by the department and filed with the office of the code reviser. In accordance with the department's retention schedule obligations under chapter 40.14 RCW, the department shall maintain a complete and accurate record of all written orders, rulings, approvals, opinions, advice, determinations, and interpretations for purposes of determining whether an employer is immune from civil penalties under (b)(ii) of this subsection.
(c) The department ((shall))may waive any civil penalty assessed against an employer under this section if ((the))all of the following conditions are met: The employer is not a repeat willful violator, the employer has not previously settled or otherwise resolved a wage complaint more than once in the preceding 12 months or three times in the preceding 24 months, and the director determines that the employer has provided payment to the employee of all wages and interest that the department determined that the employer owed to the employee, including interest, within ((ten))10 business days of the employer's receipt of the citation and notice of assessment from the department.
(d) The department may ((waive or)) reduce at any time a civil penalty assessed under this section if the director determines that the employer paid all wages and interest owed to an employee.
(e) ((The))Until June 11, 2026, the department shall deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033. Beginning on June 11, 2026, the department shall deposit all civil penalties paid under this chapter in the wage recovery account created under RCW 49.48.231.
(4) Upon payment by an employer, and acceptance by an employee, of all wages and interest assessed by the department in a citation and notice of assessment issued to the employer, the fact of such payment by the employer, and of such acceptance by the employee, shall: (a) Constitute a full and complete satisfaction by the employer of all specific wage payment requirements addressed in the citation and notice of assessment; and (b) bar the employee from initiating or pursuing any court action or other judicial or administrative proceeding based on the specific wage payment requirements addressed in the citation and notice of assessment. The citation and notice of assessment shall include a notification and summary of the specific requirements of this subsection.
(5) The applicable statute of limitations for civil actions is tolled ((during the department's investigation of))for an employee's wage complaint against an employer once filed with the department. For the purposes of this subsection, ((the department's investigation))a complaint filed with the department begins on the date the employee files the wage complaint with the department and ends when: (a) The wage complaint is finally determined through a final and binding citation and notice of assessment or determination of compliance; ((or)) (b) the department notifies the employer and the employee in writing that the wage complaint has been otherwise resolved or that the employee has elected to terminate the department's administrative action under RCW 49.48.085; or (c) the department notifies the worker the wage complaint will not be accepted.
(6) For all wage complaints filed on or after January 1, 2024, if the department offers the employer the option to resolve a wage complaint without a citation and notice of assessment, and the employer chooses to accept the offer, any settlement must include interest of one percent per month on all amounts owed. The employee may request a waiver or reduction of interest as part of the settlement process.
PDFRCW 49.48.083
Wage complaints—Duty of department to investigate—Citations and notices of assessment—Civil penalties (as amended by 2026 c 77).
(1) If an employee files a wage complaint with the department, the department shall investigate the wage complaint. Unless otherwise resolved, the department shall issue either a citation and notice of assessment or a determination of compliance no later than 60 days after the date on which the department received the wage complaint. The department may extend the time period by providing advance ((written)) notice to the employee and the employer setting forth good cause for an extension of the time period and specifying the duration of the extension. The department may not investigate any alleged violation of a wage payment requirement that occurred more than three years before the date that the employee filed the wage complaint. The department shall send the citation and notice of assessment or the determination of compliance to both the employer and the employee ((by service of process or)) using ((a))an electronic or nonelectronic method by which the ((mailing))citation and notice of assessment or the determination of compliance can be tracked or the delivery can be confirmed to their last known addresses. Before using an electronic method for the first time under this subsection, the department must provide the employer and the employee the option to receive communication through a nonelectronic method.
(2) If the department determines that an employer has violated a wage payment requirement and issues to the employer a citation and notice of assessment, the department may order the employer to pay employees all wages owed, including interest of one percent per month on all wages owed, to the employee. The wages and interest owed must be calculated from the first date wages were owed to the employee, except that the department may not order the employer to pay any wages and interest that were owed more than three years before the date the wage complaint was filed with the department.
(3) If the department determines that the violation of the wage payment requirement was a willful violation, the department also may order the employer to pay the department a civil penalty as specified in (a) of this subsection.
(a) A civil penalty for a willful violation of a wage payment requirement shall be not less than ((one thousand dollars))$1,000 or an amount equal to ((ten))10 percent of the total amount of unpaid wages, whichever is greater. The maximum civil penalty for a willful violation of a wage payment requirement shall be ((twenty thousand dollars))$20,000.
(b) The department may not assess a civil penalty if the employer reasonably relied on: (i) A rule related to any wage payment requirement; (ii) a written order, ruling, approval, opinion, advice, determination, or interpretation of the director; or (iii) an interpretive or administrative policy issued by the department and filed with the office of the code reviser. In accordance with the department's retention schedule obligations under chapter 40.14 RCW, the department shall maintain a complete and accurate record of all written orders, rulings, approvals, opinions, advice, determinations, and interpretations for purposes of determining whether an employer is immune from civil penalties under (b)(ii) of this subsection.
(c) The department shall waive any civil penalty assessed against an employer under this section if the employer is not a repeat willful violator, and the director determines that the employer has provided payment to the employee of all wages that the department determined that the employer owed to the employee, including interest, within ((ten))10 business days of the employer's receipt of the citation and notice of assessment from the department.
(d) The department may waive or reduce at any time a civil penalty assessed under this section if the director determines that the employer paid all wages and interest owed to an employee.
(e) The department shall deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.
(4) Upon payment by an employer, and acceptance by an employee, of all wages and interest assessed by the department in a citation and notice of assessment issued to the employer, the fact of such payment by the employer, and of such acceptance by the employee, shall: (a) Constitute a full and complete satisfaction by the employer of all specific wage payment requirements addressed in the citation and notice of assessment; and (b) bar the employee from initiating or pursuing any court action or other judicial or administrative proceeding based on the specific wage payment requirements addressed in the citation and notice of assessment. The citation and notice of assessment shall include a notification and summary of the specific requirements of this subsection.
(5) The applicable statute of limitations for civil actions is tolled during the department's investigation of an employee's wage complaint against an employer. For the purposes of this subsection, the department's investigation begins on the date the employee files the wage complaint with the department and ends when: (a) The wage complaint is finally determined through a final and binding citation and notice of assessment or determination of compliance; or (b) the department notifies the employer and the employee in writing that the wage complaint has been otherwise resolved or that the employee has elected to terminate the department's administrative action under RCW 49.48.085.
(6) For all wage complaints filed on or after January 1, 2024, if the department offers the employer the option to resolve a wage complaint without a citation and notice of assessment, and the employer chooses to accept the offer, any settlement must include interest of one percent per month on all amounts owed. The employee may request a waiver or reduction of interest as part of the settlement process.
[ 2026 c 77 s 22; 2023 c 243 s 1; 2011 c 301 s 16; 2010 c 42 s 2; 2006 c 89 s 2.]
PDFRCW 49.48.083
Wage complaints—Duty of department to investigate—Citations and notices of assessment—Civil penalties (as amended by 2026 c 176).
(1)(a) If an employee files a wage complaint with the department, the department ((shall))may investigate the wage complaint. In determining which complaints will be investigated, the department must establish a written process by which wage complaints will be prioritized based on factors including, but not limited to, the harm to the affected employee, the severity of the complaint, the number of employees potentially affected, and the probability of retaliation. The department's enforcement priorities must be made publicly available.
(b) Unless otherwise resolved, when the department ((shall issue))accepts a complaint, the department shall issue either a citation and notice of assessment or a determination of compliance no later than 60 days after the date on which the department ((received))accepted the wage complaint. The department may extend the time period by providing advance written notice to the employee and the employer setting forth good cause for an extension of the time period and specifying the duration of the extension. The department may not investigate any alleged violation of a wage payment requirement that occurred more than three years before the date that the employee filed the wage complaint. The department shall send the citation and notice of assessment or the determination of compliance to both the employer and the employee by service of process or using a method by which the mailing can be tracked or the delivery can be confirmed to their last known addresses.
(2) If the department determines that an employer has violated a wage payment requirement and issues to the employer a citation and notice of assessment, the department may order the employer to pay employees all wages owed, including interest of one percent per month on all wages owed, to the employee. The wages and interest owed must be calculated from the first date wages were owed to the employee, except that the department may not order the employer to pay any wages and interest that were owed more than three years before the date the wage complaint was filed with the department.
(3) If the department determines that the violation of the wage payment requirement was a willful violation, the department also may order the employer to pay the department a civil penalty as specified in (a) of this subsection.
(a) A civil penalty for a willful violation of a wage payment requirement shall be not less than ((one thousand dollars))$1,000 or an amount equal to ((ten))10 percent of the total amount of unpaid wages, whichever is greater. The maximum civil penalty for a willful violation of a wage payment requirement ((shall be twenty thousand dollars))is $20,000.
(b) The department may not assess a civil penalty if the employer reasonably relied on: (i) A rule related to any wage payment requirement; (ii) a written order, ruling, approval, opinion, advice, determination, or interpretation of the director; or (iii) an interpretive or administrative policy issued by the department and filed with the office of the code reviser. In accordance with the department's retention schedule obligations under chapter 40.14 RCW, the department shall maintain a complete and accurate record of all written orders, rulings, approvals, opinions, advice, determinations, and interpretations for purposes of determining whether an employer is immune from civil penalties under (b)(ii) of this subsection.
(c) The department shall waive any civil penalty assessed against an employer under this section if the employer is not a repeat willful violator, and the director determines that the employer has provided payment to the employee of all wages that the department determined that the employer owed to the employee, including interest, within ((ten))10 business days of the employer's receipt of the citation and notice of assessment from the department.
(d) The department may waive or reduce at any time a civil penalty assessed under this section if the director determines that the employer paid all wages and interest owed to an employee.
(e) The department shall deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.
(4) Upon payment by an employer, and acceptance by an employee, of all wages and interest assessed by the department in a citation and notice of assessment issued to the employer, the fact of such payment by the employer, and of such acceptance by the employee, shall: (a) Constitute a full and complete satisfaction by the employer of all specific wage payment requirements addressed in the citation and notice of assessment; and (b) bar the employee from initiating or pursuing any court action or other judicial or administrative proceeding based on the specific wage payment requirements addressed in the citation and notice of assessment. The citation and notice of assessment shall include a notification and summary of the specific requirements of this subsection.
(5) The applicable statute of limitations for civil actions is tolled ((during the department's investigation of))for an employee's wage complaint against an employer once filed with the department. For the purposes of this subsection, ((the department's investigation begins))a complaint is filed with the department on the date the employee files the wage complaint with the department and ends when: (a) The wage complaint is finally determined through a final and binding citation and notice of assessment or determination of compliance; ((or)) (b) the department notifies the employer and the employee in writing that the wage complaint has been otherwise resolved or that the employee has elected to terminate the department's administrative action under RCW 49.48.085; or (c) the department notifies the worker the wage complaint will not be accepted.
(6) For all wage complaints filed on or after January 1, 2024, if the department offers the employer the option to resolve a wage complaint without a citation and notice of assessment, and the employer chooses to accept the offer, any settlement must include interest of one percent per month on all amounts owed. The employee may request a waiver or reduction of interest as part of the settlement process.
[ 2026 c 176 s 2; 2023 c 243 s 1; 2011 c 301 s 16; 2010 c 42 s 2; 2006 c 89 s 2.]
[ 2026 c 53 s 1; 2023 c 243 s 1; 2011 c 301 s 16; 2010 c 42 s 2; 2006 c 89 s 2. ]
NOTES:
Reviser's note: RCW 49.48.083 was amended three times during the 2026 legislative session, without reference to one another. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Captions not law—2006 c 89: See note following RCW 49.48.082.
(1) A person, firm, or corporation aggrieved by a citation and notice of assessment or a determination of compliance issued by the department under RCW 49.48.083 or the assessment of civil penalty due to a determination of status as a repeat willful violator may appeal the citation and notice of assessment, the determination of compliance, or the assessment of civil penalty to the director by filing a notice of appeal with the director within thirty days of the department's issuance of the citation and notice of assessment, the determination of compliance, or the assessment of civil penalty. A citation and notice of assessment, a determination of compliance, or an assessment of a civil penalty not appealed within thirty days is final and binding, and not subject to further appeal.
(2) A notice of appeal filed with the director under this section shall stay the effectiveness of the citation and notice of assessment, the determination of compliance, or the assessment of civil penalty pending final review of the appeal by the director as provided for in chapter 34.05 RCW.
(3) Upon receipt of a notice of appeal, the director shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order. The hearing and review procedures shall be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation and notice of assessment, an appealed determination of compliance, or an appealed assessment of civil penalty shall be de novo. Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within thirty days after service of the initial order. The director shall conduct administrative review in accordance with chapter 34.05 RCW.
(4) The director shall issue all final orders after appeal of the initial order. The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.
(5) Orders that are not appealed within the time period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.
(6) An employer who fails to allow adequate inspection of records in an investigation by the department under this chapter within a reasonable time period may not use such records in any appeal under this section to challenge the correctness of any determination by the department of wages owed or penalty assessed.
[ 2010 c 42 s 3; 2006 c 89 s 3. ]
NOTES:
Captions not law—2006 c 89: See note following RCW 49.48.082.
(1) An employee who has filed a wage complaint with the department may elect to terminate the department's administrative action, thereby preserving any private right of action, by providing written notice to the department within ten business days after the employee's receipt of the department's citation and notice of assessment.
(2) If the employee elects to terminate the department's administrative action: (a) The department shall immediately discontinue its action against the employer; (b) the department shall vacate a citation and notice of assessment already issued by the department to the employer; and (c) the citation and notice of assessment, and any related findings of fact or conclusions of law by the department, and any payment or offer of payment by the employer of the wages, including interest, assessed by the department in the citation and notice of assessment, shall not be admissible in any court action or other judicial or administrative proceeding.
(3) Nothing in this section shall be construed to limit or affect: (a) The right of any employee to pursue any judicial, administrative, or other action available with respect to an employer; (b) the right of the department to pursue any judicial, administrative, or other action available with respect to an employee that is identified as a result of a wage complaint; or (c) the right of the department to pursue any judicial, administrative, or other action available with respect to an employer in the absence of a wage complaint. For purposes of this subsection, "employee" means an employee other than an employee who has filed a wage complaint with the department and who thereafter has elected to terminate the department's administrative action as provided in subsection (1) of this section.
[ 2006 c 89 s 4. ]
NOTES:
Captions not law—2006 c 89: See note following RCW 49.48.082.
(1) After a final order is issued under RCW 49.48.084, if an employer defaults in the payment of: (a) Any wages determined by the department to be owed to an employee, including interest; or (b) any civil penalty ordered by the department under RCW 49.48.083, the director may file with the clerk of any county within the state a warrant in the amount of the payment plus any filing fees. The clerk of the county in which the warrant is filed shall immediately designate a superior court cause number for the warrant, and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of the employer mentioned in the warrant, the amount of payment due on it plus any filing fees, and the date when the warrant was filed. The aggregate amount of the warrant as docketed becomes a lien upon the title to, and interest in, all real and personal property of the employer against whom the warrant is issued, the same as a judgment in a civil case docketed in the office of the clerk. The sheriff shall proceed upon the warrant in all respects and with like effect as prescribed by law with respect to execution or other process issued against rights or property upon judgment in a court of competent jurisdiction. The warrant so docketed is sufficient to support the issuance of writs of garnishment in favor of the state in a manner provided by law in case of judgment, wholly or partially unsatisfied. The clerk of the court is entitled to a filing fee which will be added to the amount of the warrant. A copy of the warrant shall be mailed to the employer within three days of filing with the clerk.
(2)(a) The director may issue to any person, firm, corporation, other entity, municipal corporation, political subdivision of the state, a public corporation, or any agency of the state, a notice and order to withhold and deliver property of any kind when he or she has reason to believe that there is in the possession of the person, firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or agency of the state, property that is or will become due, owing, or belonging to an employer upon whom a notice of assessment has been served by the department for payments or civil penalties due to the department. The effect of a notice and order is continuous from the date the notice and order is first made until the liability out of which the notice and order arose is satisfied or becomes unenforceable because of lapse of time. The department shall release the notice and order when the liability out of which the notice and order arose is satisfied or becomes unenforceable by reason of lapse of time and shall notify the person against whom the notice and order was made that the notice and order has been released.
(b) The notice and order to withhold and deliver must be served by the sheriff of the county or by the sheriff's deputy, by certified mail, return receipt requested, or by the director. A person, firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or agency of the state upon whom service has been made shall answer the notice within twenty days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the notice and order. Upon service of the notice and order, if the party served possesses any property that may be subject to the claim of the department, the party shall promptly deliver the property to the director. The director shall hold the property in trust for application on the employer's indebtedness to the department, or for return without interest, in accordance with a final determination of a petition for review. In the alternative, the party shall furnish a good and sufficient surety bond satisfactory to the director conditioned upon final determination of liability. If a party served and named in the notice fails to answer the notice within the time prescribed in this section, the court may render judgment by default against the party for the full amount claimed by the director in the notice, together with costs. If a notice is served upon an employer and the property subject to it is wages, the employer may assert in the answer all exemptions provided for by chapter 6.27 RCW to which the wage earner is entitled.
(c) As an alternative to the methods of service described in this section, the department may electronically serve a financial institution with a notice and order to withhold and deliver by providing a list of its outstanding warrants, except those for which a payment agreement is in good standing, to the department of revenue. The department of revenue may include the warrants provided by the department in a notice and order to withhold and deliver served under RCW 82.32.235(3). A financial institution that is served with a notice and order to withhold and deliver under this subsection (2)(c) must answer the notice within the time period applicable to service under RCW 82.32.235(3). The department and the department of revenue may adopt rules to implement this subsection (2)(c).
(3)(a) In addition to the procedure for collection of wages owed, including interest, and civil penalties as set forth in this section, the department may recover wages owed, including interest, and civil penalties assessed under RCW 49.48.083 in a civil action brought in a court of competent jurisdiction of the county where the violation is alleged to have occurred.
(b) The department may use the procedures under this section to foreclose wage liens established under chapter 60.90 RCW. When the department is foreclosing on a wage lien, the date the wage lien was originally filed shall be the date by which priority is determined, regardless of the date the warrant is filed under this section. If a claimant has timely notified the department that the claimant will pursue foreclosure on their own, without the department's assistance, the department is not required to file a warrant under this section and is relieved from any liability related to foreclosing on the claimant's wage lien.
(4) Whenever any employer quits business, sells out, exchanges, or otherwise disposes of the employer's business or stock of goods, any person who becomes a successor to the business becomes liable for the full amount of any outstanding citation and notice of assessment or penalty against the employer's business under this chapter if, at the time of the conveyance of the business, the successor has: (a) Actual knowledge of the fact and amount of the outstanding citation and notice of assessment or (b) a prompt, reasonable, and effective means of accessing and verifying the fact and amount of the outstanding citation and notice of assessment from the department. If the citation and notice of assessment or penalty is not paid in full by the employer within ten days of the date of the sale, exchange, or disposal, the successor is liable for the payment of the full amount of the citation and notice of assessment or penalty, and payment thereof by the successor must, to the extent thereof, be deemed a payment upon the purchase price. If the payment is greater in amount than the purchase price, the amount of the difference becomes a debt due the successor from the employer.
(5) This section does not affect other collection remedies that are otherwise provided by law.
[ 2021 c 102 s 18; 2014 c 210 s 1; 2010 c 42 s 4; 2006 c 89 s 5. ]
NOTES:
Short title—Effective date—2021 c 102: See RCW 60.90.900 and 60.90.902.
Captions not law—2006 c 89: See note following RCW 49.48.082.
The director may adopt rules to carry out the purposes of RCW 49.48.082 through 49.48.086.
[ 2006 c 89 s 6. ]
NOTES:
Captions not law—2006 c 89: See note following RCW 49.48.082.
No assignment of, or order for, wages to be earned in the future to secure a loan of less than three hundred dollars, shall be valid against an employer of the person making said assignment or order unless said assignment or order is accepted in writing by the employer, and said assignment or order, and the acceptance of the same, have been filed and recorded with the county auditor of the county where the party making said assignment or order resides, if a resident of the state, or in which he or she is employed, if not a resident of the state.
[ 2010 c 8 s 12051; 1909 c 32 s 1; RRS s 7597. ]
No assignment of, or order for, wages to be earned in the future shall be valid, when made by a married person, unless the written consent of the other spouse to the making of such assignment or order is attached thereto.
[ 1972 ex.s. c 108 s 7; 1909 c 32 s 2; RRS s 7598. ]
For the purposes of RCW 49.48.120 the word "employer" shall include every person, firm, partnership, corporation, the state of Washington, and all municipal corporations.
[ 1939 c 139 s 1; RRS s 1464-1. Formerly RCW 49.48.120, part. ]
(1) If at the time of the death of any person, his or her employer is indebted to him or her for work, labor, and services performed, and no executor or administrator of his or her estate has been appointed, the employer shall upon the request of the surviving spouse pay the indebtedness in an amount as may be due not exceeding the sum of ten thousand dollars, to the surviving spouse, or if the decedent leaves no surviving spouse, then to the decedent's child or children, or if no children, then to the decedent's father or mother.
(2) In the event the decedent's employer is the state of Washington or a municipal corporation, as defined in RCW 39.50.010, then there shall be no limit to the amount of the indebtedness that can be paid under subsection (1) of this section.
(3) If the decedent and the surviving spouse have entered into a community property agreement that meets the requirements of RCW 26.16.120, and the right to the indebtedness became the sole property of the surviving spouse upon the death of the decedent, the employer shall pay to the surviving spouse the total of the indebtedness, or that portion which is governed by the community property agreement, upon presentation of the agreement accompanied by an affidavit or declaration of the surviving spouse stating that the agreement was executed in good faith between the parties and had not been rescinded by the parties before the decedent's death.
(4) In all cases, the employer shall require proof of the claimant's relationship to the decedent by affidavit or declaration, and shall require the claimant to acknowledge receipt of the payment in writing.
(5) Any payments made by an employer pursuant to the provisions of RCW 49.48.115 and this section shall operate as a full and complete discharge of the employer's indebtedness to the extent of the payment, and no employer shall thereafter be liable to the decedent's estate, or the decedent's executor or administrator thereafter appointed.
(6) The employer may also pay the indebtedness upon presentation of an affidavit as provided in RCW 11.62.010.
[ 2019 c 89 s 1; 2018 c 57 s 1; 2003 c 122 s 1; 1981 c 333 s 2; 1974 ex.s. c 117 s 42; 1967 c 210 s 1; 1939 c 139 s 2; RRS s 1464-2. FORMER PART OF SECTION: 1939 c 139 s 1; RRS s 1464-1 now codified as RCW 49.48.115. ]
NOTES:
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 49.48.160 through 49.48.190.
(1) "Commission" means compensation paid a sales representative by a principal in an amount based on a percentage of the dollar amount of certain orders for or sales of the principal's product. Commission includes bonus payments under an incentive compensation plan or other agreement between a principal and sales representative.
(2) "Principal" means a person, whether or not the person has a permanent or fixed place of business in this state, who:
(a) Manufactures, produces, imports, or distributes a product for sale to customers who purchase the product for resale;
(b) Uses a sales representative to solicit orders for the product; and
(c) Compensates the sales representative in whole or in part by commission.
(3) "Sales representative" means a person who solicits, on behalf of a principal, orders for the purchase at wholesale of the principal's product, but does not include a person who places orders for his or her own account for resale, or purchases for his or her own account for resale, or sells or takes orders for the direct sale of products to the ultimate consumer.
[ 2020 c 84 s 1; 2010 c 8 s 12052; 1992 c 177 s 1. ]
NOTES:
Severability—1992 c 177: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1992 c 177 s 7.]
(1) A contract between a principal and a sales representative under which the sales representative is to solicit wholesale orders within this state must be in writing and must set forth the method by which the sales representative's commission is to be computed and paid. The principal shall provide the sales representative with a copy of the contract. A provision in the contract establishing venue for an action arising under the contract in a state other than this state, or establishing conditions for payment of a commission contrary to the provisions of this section, is void.
(2) When no written contract has been entered into, any agreement between a sales representative and a principal is deemed to incorporate the provisions of RCW 49.48.150 through 49.48.190.
(3)(a) During the course of the contract, a sales representative shall be paid the earned commission and all other moneys earned or payable in accordance with the agreed terms of the contract, but no later than thirty days after receipt of payment by the principal for products or goods sold on behalf of the principal by the sales representative.
(b) Upon termination of a contract, whether or not the agreement is in writing, all earned commissions due to the sales representative shall be paid within thirty days after receipt of payment by the principal for products or goods sold on behalf of the principal by the sales representative, including earned commissions not due when the contract is terminated.
(c) Where a sales representative's efforts prior to termination of a contract results in a sale, regardless of when the sale occurs, the termination may not affect whether a commission is considered earned.
(4) Failure to pay an earned commission is a wage payment violation under RCW 49.52.050.
[ 2020 c 84 s 2; 1992 c 177 s 2. ]
NOTES:
Severability—1992 c 177: See note following RCW 49.48.150.
A principal shall pay wages and commissions at the usual place of payment unless the sales representative requests that the wages and commissions be sent through registered mail. If, in accordance with a request by the sales representative, the sales representative's wages and commissions are sent through the mail, the wages and commissions are deemed to have been paid as of the date of their registered postmark.
[ 1992 c 177 s 3. ]
NOTES:
Severability—1992 c 177: See note following RCW 49.48.150.
A principal who is not a resident of this state and who enters into a contract subject to RCW 49.48.150 through 49.48.190 is considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal.
[ 1992 c 177 s 4. ]
NOTES:
Severability—1992 c 177: See note following RCW 49.48.150.
(1) RCW 49.48.150 through 49.48.190 supplement but do not supplant any other rights and remedies enjoyed by sales representatives.
(2) A provision of RCW 49.48.150 through 49.48.190 may not be waived, whether by express waiver or by attempt to make a contract or agreement subject to the laws of another state. A waiver of a provision of RCW 49.48.150 through 49.48.190 is void.
[ 1992 c 177 s 5. ]
NOTES:
Severability—1992 c 177: See note following RCW 49.48.150.
(1) Debts due the state or a county or city for the overpayment of wages to their respective employees may be recovered by the employer by deductions from subsequent wage payments as provided in RCW 49.48.210, or by civil action. If the overpayment is recovered by deduction from the employee's subsequent wages, each deduction shall not exceed: (a) Five percent of the employee's disposable earnings in a pay period other than the final pay period; or (b) the amount still outstanding from the employee's disposable earnings in the final pay period. The deductions from wages shall continue until the overpayment is fully recouped.
(2) Nothing in this section or RCW 49.48.210 or 49.48.220 prevents: (a) An employee from making payments in excess of the amount specified in subsection (1)(a) of this section to an employer; or (b) an employer and employee from agreeing to a different overpayment amount than that specified in the notice in RCW 49.48.210(1) or to a method other than a deduction from wages for repayment of the overpayment amount.
[ 2004 c 7 s 1; 2003 c 77 s 1. ]
NOTES:
Severability—2004 c 7: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2004 c 7 s 3.]
(1) Except as provided in subsection (10) of this section, when an employer determines that an employee was overpaid wages, the employer shall provide written notice to the employee. The notice shall include the amount of the overpayment, the basis for the claim, a demand for payment within twenty calendar days of the date on which the employee received the notice, and the rights of the employee under this section.
(2) The notice may be served upon the employee in the manner prescribed for the service of a summons in a civil action, or be mailed by certified mail, return receipt requested, to the employee at his or her last known address.
(3) Within twenty calendar days after receiving the notice from the employer that an overpayment has occurred, the employee may request, in writing, that the employer review its finding that an overpayment has occurred. The employee may choose to have the review conducted through written submission of information challenging the overpayment or through a face-to-face meeting with the employer. If the request is not made within the twenty-day period as provided in this subsection, the employee may not further challenge the overpayment and has no right to further agency review, an adjudicative proceeding, or judicial review.
(4) Upon receipt of an employee's written request for review of the overpayment, the employer shall review the employee's challenge to the overpayment. Upon completion of the review, the employer shall notify the employee in writing of the employer's decision regarding the employee's challenge. The notification must be sent by certified mail, return receipt requested, to the employee at his or her last known address.
(5) If the employee is dissatisfied with the employer's decision regarding the employee's challenge to the overpayment, the employee may request an adjudicative proceeding governed by the administrative procedure act, chapter 34.05 RCW or, in the case of a county or city employee, an adjudicative proceeding provided pursuant to ordinance or resolution of the county or city. The employee's application for an adjudicative proceeding must be in writing, state the basis for contesting the overpayment notice, and include a copy of the employer's notice of overpayment. The application must be served on and received by the employer within twenty-eight calendar days of the employee's receipt of the employer's decision following review of the employee's challenge. Notwithstanding RCW 34.05.413(3), agencies may not vary the requirements of this subsection (5) by rule or otherwise. The employee must serve the employer by certified mail, return receipt requested.
(6) If the employee does not request an adjudicative proceeding within the twenty-eight-day period, the amount of the overpayment provided in the notice shall be deemed final and the employer may proceed to recoup the overpayment as provided in this section and RCW 49.48.200.
(7) Where an adjudicative proceeding has been requested, the presiding or reviewing officer shall determine the amount, if any, of the overpayment received by the employee.
(8) If the employee fails to attend or participate in the adjudicative proceeding, upon a showing of valid service, the presiding or reviewing officer may enter an administrative order declaring the amount claimed in the notice sent to the employee after the employer's review of the employee's challenge to the overpayment to be assessed against the employee and subject to collection action by the employer as provided in RCW 49.48.200.
(9) Failure to make an application for a review by the employer as provided in subsections (3) and (4) of this section or an adjudicative proceeding within twenty-eight calendar days of the date of receiving notice of the employer's decision after review of the overpayment shall result in the establishment of a final debt against the employee in the amount asserted by the employer, which debt shall be collected as provided in RCW 49.48.200.
(10) When an employer determines that an employee covered by a collective bargaining agreement was overpaid wages, the employer shall provide written notice to the employee. The notice shall include the amount of the overpayment, the basis for the claim, and the rights of the employee under the collective bargaining agreement. Any dispute relating to the occurrence or amount of the overpayment shall be resolved using the grievance procedures contained in the collective bargaining agreement.
(11) As used in this section or RCW 49.48.210 [ 49.48.200] and 49.48.220:
(a) "City" means city or town;
(b) "Employer" means the state of Washington or a county or city, and any of its agencies, institutions, boards, or commissions; and
(c) "Overpayment" means a payment of wages for a pay period that is greater than the amount earned for a pay period.
[ 2004 c 7 s 2; 2003 c 77 s 2. ]
NOTES:
Severability—2004 c 7: See note following RCW 49.48.200.
The office of financial management shall adopt the rules necessary to implement chapter 77, Laws of 2003.
[ 2003 c 77 s 3. ]
(1)(a) Subject to the availability of funds appropriated for this purpose, the wage recovery program is created and administered by the department. The purpose of the wage recovery program is to allow the department to disburse funds to unpaid low-wage employees, prior to the department issuing a citation and notice of assessment or collecting unpaid wages and interest from an employer, if the employee would otherwise experience immediate economic harm due to the nonpayment of wages.
(b) The department may adopt rules to administer the program.
(2) Beginning July 1, 2028, or when the account created under RCW 49.48.231 contains at least $130,000, whichever is later, an employee is eligible to recover from the wage recovery program if each of the following conditions is satisfied:
(a) The employee has filed a wage complaint with the department under RCW 49.48.083 and the department has investigated and determined that the wage complaint has merit;
(b) The employee has assigned the employee's wage complaint to the department as required under this section;
(c) The employee requested to be considered a recipient of funds from the wage recovery program;
(d) The employee's earnings during the preceding 12 months were less than the maximum amount established by the department by rule and according to the process provided by rule;
(e) The employee attests that without relief from the wage recovery program, the employee will suffer immediate economic harm; and
(f) The employee, as a condition of receiving funds under the wage recovery program, has waived the ability to appeal the citation and any notice of assessment as well as any private right of action.
(3)(a) To help prevent immediate economic harm to the employee, the department should attempt to disburse funds after the department has determined the complaint has merit and at the earliest possible point in the investigation process, as determined by the department.
(b) In determining an eligible employee's need for funds to prevent immediate economic harm, the department may identify other factors for consideration, such as resources available to the employee, the employee's current employment status, and family size.
(c) The department may determine the priority of payments made between eligible employees and whether to issue funds for eligible employees. Factors to consider in prioritizing applications for funds from the program should include, but are not limited to, the severity of the potential economic harm to the employee, whether the department is likely to recover the unpaid wages and interest from the employer, and availability of funds to be distributed throughout the year given the seasonality of some industries.
(4)(a) As a condition of receiving a disbursement of funds under the wage recovery program, the employee must assign to the department the employee's right to any claim on wages and interest owed by the employer.
(b) An employee receiving funds from the wage recovery program may not pursue collection, or authorize another entity other than the department to pursue collection on the employee's behalf.
(c) When an employer pays the department wages and interest for a wage complaint assigned to the department, the department shall deposit into the wage recovery account created under RCW 49.48.231 the amounts necessary to reimburse the account for the disbursements made to the employee, plus interest. The department shall pay any remaining payment of wages and interest by the employer on the claim to the employee.
(5) An eligible employee may receive up to 85 percent of wages the employee is anticipated to be owed at the time of disbursement from the fund, up to a maximum of $2,500, from the account.
(6) Total payments made under the wage recovery program for any fiscal year may not be greater than 80 percent of the account balance, calculated at the end of the previous fiscal year.
(7)(a) Eligibility for payment under the wage recovery program does not create a right to payment. Payments under this section are discretionary. This section does not create an entitlement to payment or services. This section does not create a right of action.
(b) The department is not criminally or civilly liable and may not have any penalty or cause of action of any nature arise against it regarding the provision or lack of provision of funds for payments under this section.
(8) As part of its annual report submitted under RCW 49.12.180, the department shall include a report of the wage recovery program, including the following information:
(a) Amounts available in the account for disbursement at the beginning of the year and at the end of the year;
(b) Amounts paid out from the account;
(c) The number of employees and wage complaints that resulted in payments made from the account;
(d) The types and frequency of immediate economic harm identified by the employee through attestation;
(e) The total amount of wages and interest owed to employees in notices of assessment where the program issued a payment;
(f) The average payment made to employees under the program;
(g) The total amount of penalties assessed in notices of assessment where there were payments made under the program;
(h) The total recovery from employers of amounts paid from the account;
(i) The total outstanding recovery from employers of amounts paid from the account;
(j) The total collection of all wages, interest, and penalties assessed in notices of assessment from employers where there was payment from the account;
(k) The number of notices of assessment where the wages and interest ultimately assessed were less than the amount paid from the account to the employee;
(l) The number of employer appeals of notices of assessment where there was payment from the account;
(m) The number of appeals where the final decision resulted in a lower wage owed to the employee than the amount paid out of the account to the employee;
(n) The number of appeals where an employee who received payment from the account failed to participate;
(o) The number of payments from the account subject to the 85 percent disbursement cap.
[ 2026 c 53 s 2. ]
The wage recovery account is created in the custody of the state treasurer. All receipts from civil penalties collected under this chapter and chapter 49.46 RCW, and all moneys recovered from wage complaints assigned to the department as authorized under this section must be deposited into the account. Expenditures from the account may be used only for disbursements to employees in accordance with RCW 49.48.230. Only the director of or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2026 c 53 s 3. ]
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 131. ]
All moneys collected by any employer from his or her or its employees and all money to be paid by any employer as his or her contribution for furnishing, either directly, or through contract, or arrangement with a hospital association, corporation, firm, or individual, of medicine, medical or surgical treatment, nursing, hospital service, ambulance service, dental service, burial service, or any or all of the above enumerated services, or any other necessary service, contingent upon sickness, accident, or death, are hereby declared to be a trust fund for the purposes for which the same are collected. The trustees (or their administrator, representative, or agent under direction of the trustees) of such fund are authorized to take such action as is deemed necessary to ensure that the employer contributions are made including, but not limited to filing actions at law, and filing liens against moneys due to the employer from the performance of labor or furnishing of materials to which the employees contributed their services. Such trust fund is subject to the provisions of *chapter 48.52 RCW.
[ 2010 c 8 s 12053; 1975 c 34 s 1; 1927 c 307 s 1; RRS s 7614-1. ]
NOTES:
*Reviser's note: Chapter 48.52 RCW was repealed by 1979 ex.s. c 34 s 1.
In case any employer collecting moneys from his or her employees or making contributions to any type of benefit plan for any or all of the purposes specified in RCW 49.52.010, shall enter into a contract or arrangement with any hospital association, corporation, firm, or individual, to furnish any such service to its employees, the association, corporation, firm, or individual contracting to furnish such services, shall have a lien upon such trust fund prior to all other liens except taxes. The lien hereby created shall attach from the date of the arrangement or contract to furnish such services and may be foreclosed in the manner provided by law for the foreclosure of other liens on personal property.
[ 2010 c 8 s 12054; 1975 c 34 s 2; 1927 c 307 s 2; RRS s 7614-2. ]
All moneys realized by any employer from the employer's employees either by collection or by deduction from the wages or pay of employees intended or to be used for the furnishing to workers engaged in extrahazardous work, their families or dependents, of medical, surgical or hospital care and treatment, or for nursing, ambulance service, burial or any or all of the above enumerated services, or any service incidental to or furnished or rendered because of sickness, disease, accident or death, and all moneys owing by any employer therefor, shall be and remain a fund for the purposes for which such moneys are intended to be used, and shall not constitute or become any part of the assets of the employer making such collections or deductions: PROVIDED, HOWEVER, That RCW 49.52.030 and 49.52.040 shall not apply to moneys collected or deducted as aforesaid for, or owing by employers to the state medical aid fund. Such moneys shall be paid over promptly to the physician or surgeon or hospital association or other parties to which such moneys are due and for the purposes for which such collections or deductions were made.
[ 1989 c 12 s 16; 1929 c 136 s 1; RRS s 7713-1. ]
If any such employer shall default in any such payment to any physician, surgeon, hospital, hospital association or any other parties to whom any such payment is due, the sum so due may be collected by an action at law in the name of the physician, surgeon, hospital, hospital association or any other party to whom such payment is owing, or their assigns and against such defaulting employer, and in addition to such action, such claims shall have the same priority and lien rights as granted to the state for claims due the accident and medical aid funds by section 7682 of Remington's Compiled Statutes of Washington, 1922 [RCW 51.16.150 through 51.16.170], and acts amendatory thereto, which priority and lien rights shall be enforced in the same manner and under the same conditions as provided in said section 7682 [RCW 51.16.150 through 51.16.170]: PROVIDED, HOWEVER, That the said claims for physicians, surgeons, hospitals and hospital associations and others shall be secondary and inferior to any claims of the state and to any claims for labor. Such right of action shall be in addition to any other right of action or remedy.
[ 1929 c 136 s 2; RRS s 7713-2. ]
Any employer or officer, vice principal or agent of any employer, whether said employer be in private business or an elected public official, who
(1) Shall collect or receive from any employee a rebate of any part of wages theretofore paid by such employer to such employee; or
(2) Wilfully and with intent to deprive the employee of any part of his or her wages, shall pay any employee a lower wage than the wage such employer is obligated to pay such employee by any statute, ordinance, or contract; or
(3) Shall wilfully make or cause another to make any false entry in any employer's books or records purporting to show the payment of more wages to an employee than such employee received; or
(4) Being an employer or a person charged with the duty of keeping any employer's books or records shall wilfully fail or cause another to fail to show openly and clearly in due course in such employer's books and records any rebate of or deduction from any employee's wages; or
(5) Shall wilfully receive or accept from any employee any false receipt for wages;
Shall be guilty of a misdemeanor.
[ 2010 c 8 s 12055; 1941 c 72 s 1; 1939 c 195 s 1; Rem. Supp. 1941 s 7612-21. ]
NOTES:
Severability—1939 c 195: "If any section, subsection, sentence or clause of this act shall be adjudged unconstitutional, such adjudication shall not affect the validity of the act as a whole or of any section, subsection, sentence or clause thereof not adjudged unconstitutional." [ 1939 c 195 s 5; RRS s 7612-25.] This applies to RCW 49.52.050 through 49.52.080.
The provisions of RCW 49.52.050 shall not make it unlawful for an employer to withhold or divert any portion of an employee's wages when required or empowered so to do by state or federal law or when a deduction has been expressly authorized in writing in advance by the employee for a lawful purpose accruing to the benefit of such employee nor shall the provisions of RCW 49.52.050 make it unlawful for an employer to withhold deductions for medical, surgical, or hospital care or service, pursuant to any rule or regulation: PROVIDED, That the employer derives no financial benefit from such deduction and the same is openly, clearly and in due course recorded in the employer's books.
[ 1939 c 195 s 2; RRS s 7612-22. ]
NOTES:
Penalty for coercion as to purchase of goods, meals, etc.: RCW 49.48.020.
Public employment, payroll deductions: RCW 41.04.020, 41.04.030, 41.04.035, and 41.04.036.
Wages to be paid in lawful money or negotiable order, penalty: RCW 49.48.010.
Any employer and any officer, vice principal or agent of any employer who shall violate any of the provisions of RCW 49.52.050 (1) and (2) shall be liable in a civil action by the aggrieved employee or his or her assignee to judgment for twice the amount of the wages unlawfully rebated or withheld by way of exemplary damages, together with costs of suit and a reasonable sum for attorney's fees: PROVIDED, HOWEVER, That the benefits of this section shall not be available to any employee who has knowingly submitted to such violations.
[ 2010 c 8 s 12056; 1939 c 195 s 3; RRS s 7612-23. ]
The violations by an employer or any officer, vice principal, or agent of any employer of any of the provisions of subdivisions (3), (4), and (5) of RCW 49.52.050 shall raise a presumption that any deduction from or underpayment of any employee's wages connected with such violation was wilful.
[ 1939 c 195 s 4; RRS s 7612-24. ]
Every person, whether as a representative of an awarding or public body or officer, or as a contractor or subcontractor doing public work, or agent or officer thereof, who takes or receives, or conspires with another to take or receive, for his or her own use or the use of any other person acting with him or her any part or portion of the wages paid to any laborer, worker, or mechanic, including a piece worker and working subcontractor, in connection with services rendered upon any public work within this state, whether such work is done directly for the state, or public body or officer thereof, or county, city and county, city, town, township, district or other political subdivision of the said state or for any contractor or subcontractor engaged in such public work for such an awarding or public body or officer, shall be guilty of a gross misdemeanor.
[ 2010 c 8 s 12057; 1935 c 29 s 1; RRS s 10320-1. ]
NOTES:
Prevailing wages must be paid on public works: RCW 39.12.020.
In all assignments of property made by any person to trustees or assignees on account of the inability of the person at the time of the assignment to pay his or her debts, or in proceedings in insolvency, the wages of the miners, mechanics, salespersons, servants, clerks, or laborers employed by such persons to the amount of one hundred dollars, each, and for services rendered within sixty days previously, are preferred claims, and must be paid by such trustees or assignees before any other creditor or creditors of the assignor.
[ 2010 c 8 s 12058; Code 1881 s 1972; 1877 p 223 s 34; RRS s 1204. ]
NOTES:
Construction—1877 p 224: "In construing the provisions of this act, words used in the masculine gender include the feminine and neuter, the singular number includes the plural and the plural the singular; the word person includes a corporation as well as a natural person, and the word writing includes printing." [ 1877 p 224 s 37.]
Construction—1877 p 224: "This act establishes the law of this territory respecting the subject to which it relates and its provisions and all proceedings under it are to be liberally construed with a view to effect its object." [ 1877 p 224 s 39.]
Repeal and saving—1877 p 224: "All acts relating to any kind or class of liens provided for in this act are hereby repealed, but no action or proceeding commenced before this act takes effect, and no right accrued is affected by such repeal but the proceedings therein must conform to the requirements of this act as far as applicable." [ 1877 p 224 s 38.]
Effective date—1877 p 224: "This act shall take effect and be in force from and after its passage and the approval thereof by the governor." (Approved, November 8th, 1877.) [ 1877 p 224 s 40.]
In case of the death of any employer, the wages of each miner, mechanic, salesperson, clerk, servant, and laborer for services rendered within sixty days next preceding the death of the employer, not exceeding one hundred dollars, rank in priority next after the funeral expenses, expenses of the last sickness, the charges and expenses of administering upon the estate and the allowance to the widow and infant children, and must be paid before other claims against the estate of the deceased person.
[ 2010 c 8 s 12059; Code 1881 s 1973; 1877 p 223 s 35; RRS s 1205. ]
In cases of executions, attachments, and writs of similar nature issued against any person, except for claims for labor done, any miners, mechanics, salespersons, servants, clerks, and laborers who have claims against the defendant for labor done, may give notice of their claims and the amount thereof, sworn to by the person making the claim to the creditor and the officer executing either of such writs at any time before the actual sale of property levied on, and unless such claim is disputed by the debtor or a creditor, such officer must pay to such person out of the proceeds of the sale, the amount each is entitled to receive for services rendered within sixty days next preceding the levy of the writ, not exceeding one hundred dollars. If any or all the claims so presented and claiming preference under this chapter, are disputed by either the debtor or a creditor, the person presenting the same must commence an action within ten days from the recovery thereof, and must prosecute his or her action with due diligence, or be forever barred from any claim of priority of payment thereof; and the officer shall retain possession of so much of the proceeds of the sale as may be necessary to satisfy such claim, until the determination of such action; and in case judgment be had for the claim or any part thereof, carrying costs, the costs taxable therein shall likewise be a preferred claim with the same rank as the original claim.
[ 2010 c 8 s 12060; Code 1881 s 1974; 1877 p 223 s 36; RRS s 1206. ]
In distraint or insolvency proceedings affecting the assets of an employer, claims for labor, salaries or wages not to exceed six hundred dollars to each claimant which have been earned within three months before the date of the distraint or commencement of the proceeding shall be paramount and superior to any claim preferred or presented by an agency of the state: PROVIDED, That this section shall not apply to any compensation payable to an employer or to an officer, director, or stockholder of a corporate employer.
[ 1967 ex.s. c 86 s 1. ]
(1) The legislature finds that despite existing equal pay laws, there continues to be a gap in wages and advancement opportunities among workers in Washington, especially women and workers in other protected classes. Income disparities limit the ability of these workers to provide for their families, leading to higher rates of poverty among women and children and workers in other protected classes. The legislature finds that in order to promote fairness among workers, employees must be compensated equitably. Further, policies that encourage retaliation or discipline towards workers who discuss or inquire about compensation prevent workers from moving forward.
(2) The legislature intends to update the existing Washington state equal pay act, not modified since 1943, to address income disparities, employer discrimination, and retaliation practices, and to reflect the equal status of all workers in Washington state.
(3) The legislature finds that:
(a) The long-held business practice of inquiring about salary history has contributed to persistent earning inequalities;
(b) Historically, women have been offered lower initial pay than men for the same jobs even where their levels of education and experience are the same or comparable; and
(c) Lower starting salaries translate into lower pay, less family income, and more children and families in poverty.
(4) The legislature therefore intends to follow multiple other states and take the additional step towards gender equality by prohibiting an employer from seeking the wage or salary history of an applicant for employment in certain circumstances. Further, the legislature intends to require an employer to provide wage and salary information to applicants and employees.
[ 2024 c 353 s 1; 2019 c 345 s 1; 2018 c 116 s 1. ]
NOTES:
Effective date—2024 c 353: See note following RCW 49.58.020.
Short title—2019 c 345: "This chapter may be known and cited as the Washington equal pay and opportunities act." [ 2019 c 345 s 5.]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Compensation" means discretionary and nondiscretionary wages and benefits provided by an employer to an employee as a result of the employment relationship.
(2) "Department" means the department of labor and industries.
(3) "Director" means the director of the department of labor and industries, or the director's designated representative.
(4) "Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.
(5) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.
(6) "Protected class" means a person's age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, as those terms are defined in RCW 49.60.040.
[ 2024 c 353 s 2; 2018 c 116 s 2. ]
NOTES:
Effective date—2024 c 353: See note following RCW 49.58.020.
(1) Any employer in this state who discriminates in any way in providing compensation based on a person's gender or membership in a protected class between similarly employed employees of the employer is guilty of a misdemeanor. If any employee receives less compensation because of discrimination on account of the person's gender or membership in a protected class in violation of this section, that employee is entitled to the remedies in RCW 49.58.060 and 49.58.070. In such action, however, the employer shall be credited with any compensation which has been paid to the employee upon account.
(2) For purposes of this section, employees are similarly employed if the individuals work for the same employer, the performance of the job requires similar skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed.
(3)(a) Discrimination within the meaning of this section does not include a differential in compensation based in good faith on a bona fide job-related factor or factors that:
(i) Are consistent with business necessity;
(ii) Are not based on or derived from a gender-based differential and are not based on or derived from the employee being a member of a protected class; and
(iii) Account for the entire differential. More than one factor may account for the differential.
(b) Such bona fide factors include, but are not limited to:
(i) Education, training, or experience;
(ii) A seniority system;
(iii) A merit system;
(iv) A system that measures earnings by quantity or quality of production; or
(v) A bona fide regional difference in compensation levels.
(c) A differential in compensation based in good faith on a local government ordinance providing for a minimum wage different from state law does not constitute discrimination under this section.
(d) An individual's previous wage or salary history is not a defense under this section.
(e) The employer carries the burden of proof on these defenses.
(4) A person may file a complaint or bring an action under this chapter asserting discrimination based on the person's membership in more than one protected class.
[ 2024 c 353 s 3; 2018 c 116 s 3; 1943 c 254 s 1; Rem. Supp. 1943 s 7636-1. Formerly RCW 49.12.175, 49.12.210. ]
NOTES:
Effective date—2024 c 353: "This act takes effect July 1, 2025." [ 2024 c 353 s 6.]
(1) The legislature finds that equality of opportunity for advancement is key to reducing income disparities based on gender and memberships in protected classes. The legislature further finds that using gender or membership in a protected class as a factor in advancement contributes to pay inequity.
(2) An employer may not, on the basis of a person's gender or other membership in a protected class, limit or deprive an employee of career advancement opportunities that would otherwise be available.
(3) A differential in career advancement based on a bona fide job-related factor or factors that meet the criteria in RCW 49.58.020(3)(a) (i) through (iii) does not constitute discrimination within the meaning of this section. Such bona fide factors include, but are not limited to, the factors specified in RCW 49.58.020(3)(b) (i) through (iv).
(4)(a) If it is determined that an employer committed a pattern of violations of this section as to an employee or committed a violation of this section through application of a formal or informal employer policy or practice, the employee is entitled to the remedies in this section and in RCW 49.58.070.
(b) Upon complaint by an employee, the director must investigate to determine if there has been compliance with this section and the rules adopted to implement this section. The director, upon complaint, may also initiate an investigation on behalf of one or more employees for a violation of this section and the rules adopted to implement this section. The director may require the testimony of witnesses and production of documents as part of an investigation.
(c) If the director determines that a violation occurred, the director shall attempt to resolve the violation by conference and conciliation.
(d) If no agreement is reached to resolve the violation and the director determines that the employer committed a pattern of violations of this section as to an employee or committed a violation of this section through application of a formal or informal employer policy or practice, the director may issue a citation and notice of assessment and order:
(i) The employer to pay to the employee actual damages, statutory damages equal to the actual damages or $5,000, whichever is greater, and interest of one percent per month on all compensation owed;
(ii) The employer to pay to the department the costs of investigation and enforcement; and
(iii) Any other appropriate relief.
(e) In addition to the citation and notice of assessment, if the director determines that the employer committed a pattern of violations of this section as to an employee or committed a violation of this section through application of a formal or informal employer policy or practice, the director may order payment to the department of a civil penalty. The violation as to each affected employee constitutes a separate violation.
(i) For a first violation, the civil penalty may not exceed $500.
(ii) For a repeat violation, the civil penalty may not exceed $1,000 or 10 percent of the damages, whichever is greater.
(f) RCW 49.58.060 (3), (4), and (5) applies to this section.
(5) Subject to subsection (4)(a) of this section, a person may file a complaint or bring an action under this chapter asserting discrimination based on the person's membership in more than one protected class.
[ 2024 c 353 s 4; 2018 c 116 s 4. ]
NOTES:
Effective date—2024 c 353: See note following RCW 49.58.020.
(1) An employer may not:
(a) Require nondisclosure by an employee of his or her wages as a condition of employment; or
(b) Require an employee to sign a waiver or other document that prevents the employee from disclosing the amount of the employee's wages.
(2) An employer may not discharge or in any other manner retaliate against an employee for:
(a) Inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee;
(b) Asking the employer to provide a reason for the employee's wages or lack of opportunity for advancement; or
(c) Aiding or encouraging an employee to exercise his or her rights under this section.
(3) An employer may prohibit an employee who has access to compensation information of other employees or applicants as part of such employee's essential job functions from disclosing the wages of the other employees or applicants to individuals who do not otherwise have access to such information, unless the disclosure is in response to a complaint or charge, in furtherance of an investigation, or consistent with the employer's legal duty to provide the information and the disclosure is part of the employee's essential job functions. An employee described in this subsection otherwise has the protections of this section, including to disclose the employee's wages without retaliation.
(4) This section does not require an employee to disclose the employee's compensation.
(5) This section does not permit an employee to violate the requirements in chapter 49.17 RCW and rules adopted under that chapter.
[ 2018 c 116 s 5. ]
An employer may not retaliate, discharge, or otherwise discriminate against an employee because the employee has filed any complaint, or instituted or caused to be instituted any proceeding under this chapter, or has testified or is about to testify in any such proceeding, or because of the exercise by such employee on behalf of himself or herself or others of any right afforded by this chapter.
[ 2018 c 116 s 6. ]
(1) Upon complaint by an employee, the director must investigate to determine if there has been compliance with RCW 49.58.020, 49.58.040, and 49.58.050, and the rules adopted under this chapter. The director, upon complaint, may also initiate an investigation on behalf of one or more employees for a violation of RCW 49.58.020, 49.58.040, and 49.58.050, and the rules adopted under this chapter. The director may require the testimony of witnesses and production of documents as part of an investigation.
(2) If the director determines that a violation occurred, the director shall attempt to resolve the violation by conference and conciliation.
(a) If no agreement is reached to resolve the violation, the director may issue a citation and notice of assessment and order the employer to pay to the complainant actual damages; statutory damages equal to the actual damages or five thousand dollars, whichever is greater; interest of one percent per month on all compensation owed; payment to the department of the costs of investigation and enforcement; and any other appropriate relief.
(b) In addition to the citation and notice of assessment, the director may order payment to the department of a civil penalty. For purposes of a civil penalty for violation of RCW 49.58.020 and 49.58.050, the violation as to each affected employee constitutes a separate violation.
(i) For a first violation, the civil penalty may not exceed five hundred dollars.
(ii) For a repeat violation, the civil penalty may not exceed one thousand dollars or ten percent of the damages, whichever is greater.
(3) An appeal from the director's determination may be taken in accordance with chapter 34.05 RCW. An employee who prevails is entitled to costs and reasonable attorneys' fees.
(4) The department must deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.
(5) Any wages and interest owed must be calculated from four years from the last violation before the complaint.
[ 2018 c 116 s 7. ]
(1) Subject to subsection (2) of this section, an employee may bring a civil action against an employer for violation of RCW 49.58.020 and 49.58.030 through 49.58.050 for actual damages; statutory damages equal to the actual damages or five thousand dollars, whichever is greater; interest of one percent per month on all compensation owed; and costs and reasonable attorneys' fees. The court may also order reinstatement and injunctive relief. The employee must bring a civil action within three years of the date of the alleged violation of this chapter regardless of whether the employee pursued an administrative complaint. Filing a civil action under this chapter shall terminate the director's processing of the complaint under RCW 49.58.030 or 49.58.060. Recovery of any wages and interest owed must be calculated from four years from the last violation prior to the date of filing the civil action.
(2) An employee alleging a violation of RCW 49.58.030 is entitled to relief only if the court determines that the employer committed a pattern of violations as to the employee or committed a violation through application of a formal or informal employer policy or practice.
[ 2018 c 116 s 8. ]
A violation of this chapter occurs when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation decision or other practice, or when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.
[ 2018 c 116 s 9. ]
The department may adopt rules to implement this chapter.
[ 2025 c 115 s 2; 2018 c 116 s 11. ]
(1) An employer may not:
(a) Seek the wage or salary history of an applicant for employment from the applicant or a current or former employer; or
(b) Require that an applicant's prior wage or salary history meet certain criteria, except as provided in subsection (2) of this section.
(2) An employer may confirm an applicant's wage or salary history:
(a) If the applicant has voluntarily disclosed the applicant's wage or salary history; or
(b) After the employer has negotiated and made an offer of employment with compensation to the applicant.
(3) An individual is entitled to the remedies in RCW 49.58.060 and 49.58.070 for violations of this section. Recovery of any wages and interest must be calculated from the first date wages were owed to the employee.
[ 2019 c 345 s 2. ]
NOTES:
Short title—2019 c 345: See note following RCW 49.58.005.
(1) Required disclosures in postings.
(a) The employer must disclose in each posting for each job opening: (i) The wage scale or salary range, except where the employer is offering only a fixed wage amount for the opening, the employer must disclose the fixed wage amount rather than a scale or range; and (ii) a general description of all of the benefits and other compensation to be offered to the hired applicant. For the purposes of this section, "posting" means any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party, and includes any postings done electronically, or with a printed hard copy, that includes qualifications for desired applicants. "Posting" does not include a solicitation for recruiting job applicants that is digitally replicated and published without an employer's consent.
(b) For any postings from July 27, 2025, through July 27, 2027, an employer must be afforded an opportunity to correct a violation of this subsection (1) before a job applicant may seek remedies under subsection (4) or (5) of this section. Any person may provide written notice to an employer alleging that the employer's posting does not comply with this subsection (1). If an employer receives notice from any person as to a particular posting, this constitutes adequate notice for the duration of that posting for any job applicant seeking remedies under subsection (4) or (5) of this section. If the employer corrects the posting within five business days of receiving the written notice and, where applicable, contacts any applicable third-party posting entity with a demand to correct the posting, then neither the department nor the court may assess or award penalties, damages, or other relief under this section for the violation. This subsection (1)(b) does not apply after July 27, 2027.
(2) Required disclosures for internal transfers and promotions.
Upon request of an employee offered an internal transfer to a new position or promotion, the employer must provide the wage scale or salary range for the employee's new position, except where the employer is offering only a fixed wage amount for the new position or promotion, the employer must disclose the fixed wage amount rather than a scale or range.
(3) Application.
This section only applies to employers with 15 or more employees.
(4) Administrative remedies.
(a) The director shall investigate if a job applicant or employee files a complaint with the department alleging a violation of this section. If the director determines that a violation occurred, the director shall attempt to resolve the violation by conference and conciliation. If no agreement is reached to resolve the violation, the director may issue a citation and notice of assessment and may order the employer to pay each affected job applicant or employee statutory damages of no less than $100 and no more than $5,000 per violation. If ordering statutory damages, the department shall consider the following when determining the amount of those damages: Whether the violation was committed willfully or the violation is a repeat violation; the size of the employer; the amount necessary to deter future noncompliance; the purposes of this chapter; and any other factor deemed appropriate by the department. In addition to statutory damages, the director may:
(i) Order payment of the department's costs of investigation and enforcement to the department;
(ii) Assess a civil penalty of up to $500 for a first violation or up to $1,000 for a repeat violation; and
(iii) Order actual damages, reinstatement, injunctive relief, or other appropriate relief for an employee injured by a violation of subsection (2) of this section.
(b) An appeal from the director's finding or determination may be made in accordance with chapter 34.05 RCW. An employee or job applicant who prevails is entitled to costs and reasonable attorneys' fees.
(c) The department shall deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.
(5) Private civil action.
(a) A job applicant or employee may bring a civil action against an employer for a violation of this section. A prevailing job applicant or employee is entitled to statutory damages of no less than $100 and no more than $5,000 per violation, plus reasonable attorneys' fees and costs. In determining the amount of statutory damages, the court shall consider the following: Whether the violation was committed willfully or the violation is a repeat violation; the size of the employer; the amount necessary to deter future noncompliance; the purposes of this chapter; and any other factor deemed appropriate by the court. The court may also order actual damages, reinstatement, injunctive relief, and other appropriate remedies for an employee injured by a violation of subsection (2) of this section.
(b) The job applicant or employee shall bring a civil action within three years of the date of the alleged violation of this section regardless of whether the job applicant or employee pursued an administrative complaint. Filing a civil action under this subsection terminates the director's processing of the complaint under subsection (4) of this section. A job applicant or employee may be awarded damages by the department under subsection (4) of this section or the court under subsection (5) of this section, but not both.
(6) Exclusive remedies.
The administrative remedies and private right of action under this section constitute the exclusive remedies for violations of this section. The remedies under RCW 49.58.060 and 49.58.070 are not available for violations of this section.
(7) Rules.
The department may adopt rules for purposes of implementing and enforcing this section.
[ 2025 c 383 s 1; 2022 c 242 s 1; 2019 c 345 s 3. ]
NOTES:
Effective date—2022 c 242: "This act takes effect January 1, 2023." [ 2022 c 242 s 2.]
Short title—2019 c 345: See note following RCW 49.58.005.
(1) Unless driving is one of the essential job functions or is related to a legitimate business purpose for a position, it is unlawful for an employer to:
(a) Require a valid driver's license as a condition of employment; or
(b) Include a statement in a posting for a job opening for the position that an applicant must have a valid driver's license.
(2)(a) The director must investigate complaints regarding compliance with this section and any related rules adopted under this chapter. The director may require the testimony of witnesses and production of documents as part of an investigation.
(b) If the director determines a violation occurred, the director may issue a citation and notice of assessment and order the employer to pay to the complainant actual damages; statutory damages equal to the actual damages or $5,000, whichever is greater; interest of one percent per month on all compensation owed; payment to the department of the costs of investigation and enforcement; and any other appropriate relief.
(c) In addition to the citation and notice of assessment, the director may order payment to the department of a civil penalty.
(i) For a first violation, the civil penalty may not exceed $500.
(ii) For a repeat violation, the civil penalty may not exceed $1,000 or 10 percent of the damages, whichever is greater.
(d) If the investigation finds that the complainant's allegation cannot be substantiated, the department shall issue a closure letter to the complainant and the employer detailing such finding.
(3) An appeal from the director's determination may be taken in accordance with chapter 34.05 RCW. An employee who prevails is entitled to costs and reasonable attorneys' fees.
(4) The department must deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.
(5) Any wages and interest owed must be calculated from four years from the last violation before the complaint.
[ 2025 c 115 s 1. ]
The department must develop educational materials and conduct outreach to inform individuals and businesses of the new provisions related to discrimination based on membership in a protected class.
[ 2024 c 353 s 5. ]
NOTES:
Effective date—2024 c 353: See note following RCW 49.58.020.
This chapter shall be known as the "law against discrimination." It is an exercise of the police power of the state for the protection of the public welfare, health, and peace of the people of this state, and in fulfillment of the provisions of the Constitution of this state concerning civil rights. The legislature hereby finds and declares that practices of discrimination against any of its inhabitants because of race, creed, color, national origin, citizenship or immigration status, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability are a matter of state concern, that such discrimination threatens not only the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state. A state agency is herein created with powers with respect to elimination and prevention of discrimination in employment, in credit and insurance transactions, in places of public resort, accommodation, or amusement, and in real property transactions because of race, creed, color, national origin, citizenship or immigration status, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability; and the commission established hereunder is hereby given general jurisdiction and power for such purposes.
[ 2020 c 52 s 1; 2007 c 187 s 1; 2006 c 4 s 1; 1997 c 271 s 1; 1995 c 259 s 1; 1993 c 510 s 1; 1985 c 185 s 1; 1973 1st ex.s. c 214 s 1; 1973 c 141 s 1; 1969 ex.s. c 167 s 1; 1957 c 37 s 1; 1949 c 183 s 1; Rem. Supp. 1949 s 7614-20. ]
NOTES:
Effective date—1995 c 259: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [ 1995 c 259 s 7.]
Severability—1993 c 510: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 510 s 26.]
Severability—1969 ex.s. c 167: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1969 ex.s. c 167 s 10.]
Severability—1957 c 37: "If any provision of this act or the application of such provision to any person or circumstance shall be held invalid, the remainder of such act or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby." [ 1957 c 37 s 27.]
Severability—1949 c 183: "If any provision of this act or the application of such provision to any person or circumstance shall be held invalid, the remainder of such act or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby." [ 1949 c 183 s 13.]
Community renewal law—Discrimination prohibited: RCW 35.81.170.
The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof. Nothing contained in this chapter shall be deemed to repeal any of the provisions of any other law of this state relating to discrimination because of race, color, creed, national origin, citizenship or immigration status, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability, other than a law which purports to require or permit doing any act which is an unfair practice under this chapter. However, to the extent that distinction or differential treatment on the basis of citizenship or immigration status is authorized by federal or state law, regulation, or government contract, it is not an unfair practice. Nor shall anything herein contained be construed to deny the right to any person to institute any action or pursue any civil or criminal remedy based upon an alleged violation of his or her civil rights. This chapter shall not be construed to endorse any specific belief, practice, behavior, or orientation. Inclusion of sexual orientation in this chapter shall not be construed to modify or supersede state law relating to marriage.
[ 2020 c 52 s 2; 2007 c 187 s 2; 2006 c 4 s 2; 1993 c 510 s 2; 1973 1st ex.s. c 214 s 2; 1973 c 141 s 2; 1957 c 37 s 2; 1949 c 183 s 12; Rem. Supp. 1949 s 7614-30. ]
NOTES:
Severability—1993 c 510: See note following RCW 49.60.010.
(1) The right to be free from discrimination because of race, creed, color, national origin, citizenship or immigration status, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability is recognized as and declared to be a civil right. This right shall include, but not be limited to:
(a) The right to obtain and hold employment without discrimination;
(b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;
(c) The right to engage in real estate transactions without discrimination, including discrimination against families with children;
(d) The right to engage in credit transactions without discrimination;
(e) The right to engage in insurance transactions or transactions with health maintenance organizations without discrimination: PROVIDED, That a practice which is not unlawful under RCW 48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair practice for the purposes of this subparagraph;
(f) The right to engage in commerce free from any discriminatory boycotts or blacklists. Discriminatory boycotts or blacklists for purposes of this section shall be defined as the formation or execution of any express or implied agreement, understanding, policy or contractual arrangement for economic benefit between any persons which is not specifically authorized by the laws of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by a foreign government or foreign person in order to restrict, condition, prohibit, or interfere with or in order to exclude any person or persons from any business relationship on the basis of race, color, creed, religion, sex, honorably discharged veteran or military status, sexual orientation, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, or national origin, citizenship or immigration status, or lawful business relationship: PROVIDED HOWEVER, That nothing herein contained shall prohibit the use of boycotts as authorized by law pertaining to labor disputes and unfair labor practices; and
(g) The right of a mother to breastfeed her child in any place of public resort, accommodation, assemblage, or amusement.
(2) Any person deeming himself or herself injured by any act in violation of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys' fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).
(3) Except for any unfair practice committed by an employer against an employee or a prospective employee, or any unfair practice in a real estate transaction which is the basis for relief specified in the amendments to RCW 49.60.225 contained in chapter 69, Laws of 1993, any unfair practice prohibited by this chapter which is committed in the course of trade or commerce as defined in the Consumer Protection Act, chapter 19.86 RCW, is, for the purpose of applying that chapter, a matter affecting the public interest, is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce.
[ 2020 c 52 s 4; 2009 c 164 s 1; 2007 c 187 s 3; 2006 c 4 s 3; 1997 c 271 s 2; 1995 c 135 s 3. Prior: 1993 c 510 s 3; 1993 c 69 s 1; 1984 c 32 s 2; 1979 c 127 s 2; 1977 ex.s. c 192 s 1; 1974 ex.s. c 32 s 1; 1973 1st ex.s. c 214 s 3; 1973 c 141 s 3; 1969 ex.s. c 167 s 2; 1957 c 37 s 3; 1949 c 183 s 2; Rem. Supp. 1949 s 7614-21. ]
NOTES:
Intent—1995 c 135: See note following RCW 29A.08.760.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 69 s 17.]
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
Severability—1957 c 37: See note following RCW 49.60.010.
Severability—1949 c 183: See note following RCW 49.60.010.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Aggrieved person" means any person who: (a) Claims to have been injured by an unfair practice in a real estate transaction; or (b) believes that he or she will be injured by an unfair practice in a real estate transaction that is about to occur.
(2) "Any place of public resort, accommodation, assemblage, or amusement" includes, but is not limited to, any place, licensed or unlicensed, kept for gain, hire, or reward, or where charges are made for admission, service, occupancy, or use of any property or facilities, whether conducted for the entertainment, housing, or lodging of transient guests, or for the benefit, use, or accommodation of those seeking health, recreation, or rest, or for the burial or other disposition of human remains, or for the sale of goods, merchandise, services, or personal property, or for the rendering of personal services, or for public conveyance or transportation on land, water, or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports, or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation, or public purposes, or public halls, public elevators, and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or educational institution, or schools of special instruction, or nursery schools, or day care centers or children's camps: PROVIDED, That nothing contained in this definition shall be construed to include or apply to any institute, bona fide club, or place of accommodation, which is by its nature distinctly private, including fraternal organizations, though where public use is permitted that use shall be covered by this chapter; nor shall anything contained in this definition apply to any educational facility, columbarium, crematory, mausoleum, or cemetery operated or maintained by a bona fide religious or sectarian institution: PROVIDED FURTHER, That this definition, as it relates to "service animal trainers" and "service animal trainees" as those terms are defined in this section, shall not include those places of public accommodation conducted for housing or lodging of transient guests.
(3) "Commission" means the Washington state human rights commission.
(4) "Complainant" means the person who files a complaint in a real estate transaction.
(5) "Covered multifamily dwelling" means: (a) Buildings consisting of four or more dwelling units if such buildings have one or more elevators; and (b) ground floor dwelling units in other buildings consisting of four or more dwelling units.
(6) "Credit transaction" includes any open or closed end credit transaction, whether in the nature of a loan, retail installment transaction, credit card issue or charge, or otherwise, and whether for personal or for business purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such credit is extended in the regular course of any trade or commerce, including but not limited to transactions by banks, savings and loan associations or other financial lending institutions of whatever nature, stock brokers, or by a merchant or mercantile establishment which as part of its ordinary business permits or provides that payment for purchases of property or service therefrom may be deferred.
(7)(a) "Disability" means the presence of a sensory, mental, or physical impairment that:
(i) Is medically cognizable or diagnosable; or
(ii) Exists as a record or history; or
(iii) Is perceived to exist whether or not it exists in fact.
(b) A disability exists whether it is temporary or permanent, common or uncommon, mitigated or unmitigated, or whether or not it limits the ability to work generally or work at a particular job or whether or not it limits any other activity within the scope of this chapter.
(c) For purposes of this definition, "impairment" includes, but is not limited to:
(i) Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or
(ii) Any mental, developmental, traumatic, or psychological disorder, including but not limited to cognitive limitation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(d) Only for the purposes of qualifying for reasonable accommodation in employment, an impairment must be known or shown through an interactive process to exist in fact and:
(i) The impairment must have a substantially limiting effect upon the individual's ability to perform his or her job, the individual's ability to apply or be considered for a job, or the individual's access to equal benefits, privileges, or terms or conditions of employment; or
(ii) The employee must have put the employer on notice of the existence of an impairment, and medical documentation must establish a reasonable likelihood that engaging in job functions without an accommodation would aggravate the impairment to the extent that it would create a substantially limiting effect.
(e) For purposes of (d) of this subsection, a limitation is not substantial if it has only a trivial effect.
(8) "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog that is trained for the purpose of assisting hearing impaired persons.
(9) "Dwelling" means any building, structure, or portion thereof that is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land that is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
(10) "Employee" does not include any individual employed by his or her parents, spouse, or child, or in the domestic service of any person.
(11) "Employer" includes any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons, and does not include any religious or sectarian organization not organized for private profit.
(12) "Employment agency" includes any person undertaking with or without compensation to recruit, procure, refer, or place employees for an employer.
(13) "Families with children status" means one or more individuals who have not attained the age of eighteen years being domiciled with a parent or another person having legal custody of such individual or individuals, or with the designee of such parent or other person having such legal custody, with the written permission of such parent or other person. Families with children status also applies to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years.
(14) "Full enjoyment of" includes the right to purchase any service, commodity, or article of personal property offered or sold on, or by, any establishment to the public, and the admission of any person to accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement, without acts directly or indirectly causing persons of any particular race, creed, color, sex, sexual orientation, national origin, or with any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, to be treated as not welcome, accepted, desired, or solicited.
(15) "Honorably discharged veteran or military status" means a person who is:
(a) A veteran, as defined in RCW 41.04.007; or
(b) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.
(16) "Labor organization" includes any organization which exists for the purpose, in whole or in part, of dealing with employers concerning grievances or terms or conditions of employment, or for other mutual aid or protection in connection with employment.
(17) "Marital status" means the legal status of being married, single, separated, divorced, or widowed.
(18) "National origin" includes "ancestry."
(19) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons; it includes any owner, lessee, proprietor, manager, agent, or employee, whether one or more natural persons; and further includes any political or civil subdivisions of the state and any agency or instrumentality of the state or of any political or civil subdivision thereof.
(20) "Premises" means the interior or exterior spaces, parts, components, or elements of a building, including individual dwelling units and the public and common use areas of a building.
(21) "Race" is inclusive of traits historically associated or perceived to be associated with race including, but not limited to, hair texture and protective hairstyles. For purposes of this subsection, "protective hairstyles" includes, but is not limited to, such hairstyles as afros, braids, locks, and twists.
(22) "Real estate transaction" includes the sale, appraisal, brokering, exchange, purchase, rental, or lease of real property, transacting or applying for a real estate loan, or the provision of brokerage services.
(23) "Real property" includes buildings, structures, dwellings, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein.
(24) "Respondent" means any person accused in a complaint or amended complaint of an unfair practice in a real estate transaction.
(25) "Service animal" means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by the service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks. This subsection does not apply to RCW 49.60.222 through 49.60.227 with respect to housing accommodations or real estate transactions.
(26) "Service animal trainee" means any dog or miniature horse that is undergoing training to become a service animal.
(27) "Service animal trainer" means an individual exercising care, custody, and control over a service animal trainee during a course of training designed to develop the service animal trainee into a service animal.
(28) "Sex" means gender.
(29) "Sexual orientation" means heterosexuality, homosexuality, bisexuality, and gender expression or identity. As used in this definition, "gender expression or identity" means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth.
[ 2024 c 161 s 1. Prior: 2020 c 85 s 1; 2018 c 176 s 2; prior: 2009 c 187 s 3; prior: 2007 c 317 s 2; 2007 c 187 s 4; 2006 c 4 s 4; 1997 c 271 s 3; 1995 c 259 s 2; prior: 1993 c 510 s 4; 1993 c 69 s 3; prior: 1985 c 203 s 2; 1985 c 185 s 2; 1979 c 127 s 3; 1973 c 141 s 4; 1969 ex.s. c 167 s 3; 1961 c 103 s 1; 1957 c 37 s 4; 1949 c 183 s 3; Rem. Supp. 1949 s 7614-22. ]
NOTES:
Declaration—Finding—Purpose—Effective date—2018 c 176: See notes following RCW 49.60.215.
Finding—2007 c 317: "The legislature finds that the supreme court, in its opinion in McClarty v. Totem Electric, 157 Wn.2d 214, 137 P.3d 844 (2006), failed to recognize that the law against discrimination affords to state residents protections that are wholly independent of those afforded by the federal Americans with disabilities act of 1990, and that the law against discrimination has provided such protections for many years prior to passage of the federal act." [ 2007 c 317 s 1.]
Retroactive application—2007 c 317: "This act is remedial and retroactive, and applies to all causes of action occurring before July 6, 2006, and to all causes of action occurring on or after July 22, 2007." [ 2007 c 317 s 3.]
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
Construction—1961 c 103: "Nothing herein shall be construed to render any person or corporation liable for breach of preexisting contracts by reason of compliance by such person or corporation with this act." [ 1961 c 103 s 4.]
Severability—1957 c 37: See note following RCW 49.60.010.
Severability—1949 c 183: See note following RCW 49.60.010.
There is created the "Washington state human rights commission," which shall be composed of five members to be appointed by the governor with the advice and consent of the senate, one of whom shall be designated as chairperson by the governor.
[ 1985 c 185 s 3; 1981 c 338 s 9; 1957 c 37 s 5; 1955 c 270 s 2. Prior: 1949 c 183 s 4, part; Rem. Supp. 1949 s 7614-23, part. ]
From and after August 9, 1971 the "Washington State Board Against Discrimination" shall be known and designated as the "Washington State Human Rights Commission".
[ 1971 ex.s. c 52 s 2. ]
One of the original members of the commission shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, one for a term of five years, but their successors shall be appointed for terms of five years each, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom the individual succeeds.
A member shall be eligible for reappointment.
A vacancy in the commission shall be filled within thirty days, the remaining members to exercise all powers of the commission.
Any member of the commission may be removed by the governor for inefficiency, neglect of duty, misconduct or malfeasance in office, after being given a written statement of the charges and an opportunity to be heard thereon.
[ 1985 c 185 s 4; 1955 c 270 s 3. Prior: 1949 c 183 s 4, part; Rem. Supp. 1949 s 7614-23, part. ]
Each member of the commission shall be compensated in accordance with RCW 43.03.250 and, while in session or on official business, shall receive reimbursement for travel expenses incurred during such time in accordance with RCW 43.03.050 and 43.03.060.
[ 1985 c 185 s 5; 1984 c 287 s 98; 1975-'76 2nd ex.s. c 34 s 145; 1955 c 270 s 4. Prior: 1949 c 183 s 4, part; Rem. Supp. 1949 s 7614-23, part. ]
NOTES:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
The commission shall adopt an official seal, which shall be judicially noticed.
[ 1985 c 185 s 6; 1955 c 270 s 5. Prior: (i) 1949 c 183 s 4, part; Rem. Supp. 1949 s 7614-23, part. (ii) 1949 c 183 s 6, part; Rem. Supp. 1949 s 7614-25, part. ]
The principal office of the commission shall be in the city of Olympia, but it may meet and exercise any or all of its powers at any other place in the state, and may establish such district offices as it deems necessary.
[ 1985 c 185 s 7; 1957 c 37 s 6; 1955 c 270 s 6. Prior: (i) 1949 c 183 s 4, part; Rem. Supp. 1949 s 7614-23, part. (ii) 1949 c 183 s 6, part; Rem. Supp. 1949 s 7614-25, part. ]
Subject to RCW 40.07.040, the commission, each biennium, shall report to the governor, describing the investigations, proceedings, and hearings it has conducted and their outcome, the decisions it has rendered, the recommendations it has issued, and the other work performed by it, and shall make such recommendations for further legislation as may appear desirable. The commission may present its reports to the legislature; the commission's reports shall be made available upon request.
[ 1987 c 505 s 55; 1985 c 185 s 8; 1977 c 75 s 74; 1955 c 270 s 7. Prior: 1949 c 183 s 4, part; Rem. Supp. 1949 s 7614-23, part. ]
The commission shall formulate policies to effectuate the purposes of this chapter and may make recommendations to agencies and officers of the state or local subdivisions of government in aid of such policies and purposes.
[ 1985 c 185 s 9; 1949 c 183 s 5; Rem. Supp. 1949 s 7614-24. ]
The commission shall have the functions, powers, and duties:
(1) To appoint an executive director and chief examiner, and such investigators, examiners, clerks, and other employees and agents as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
(2) To obtain upon request and utilize the services of all governmental departments and agencies.
(3) To adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.
(4) To receive, impartially investigate, and pass upon complaints alleging unfair practices as defined in this chapter.
(5) To issue such publications and results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination because of sex, sexual orientation, race, creed, color, national origin, citizenship or immigration status, marital status, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability.
(6) To make such technical studies as are appropriate to effectuate the purposes and policies of this chapter and to publish and distribute the reports of such studies.
(7) To cooperate and act jointly or by division of labor with the United States or other states, with other Washington state agencies, commissions, and other government entities, and with political subdivisions of the state of Washington and their respective human rights agencies to carry out the purposes of this chapter. However, the powers which may be exercised by the commission under this subsection permit investigations and complaint dispositions only if the investigations are designed to reveal, or the complaint deals only with, allegations which, if proven, would constitute unfair practices under this chapter. The commission may perform such services for these agencies and be reimbursed therefor.
(8) To foster good relations between minority and majority population groups of the state through seminars, conferences, educational programs, and other intergroup relations activities.
[ 2020 c 52 s 5; 2007 c 187 s 5; 2006 c 4 s 5; 1997 c 271 s 4. Prior: 1993 c 510 s 6; 1993 c 69 s 4; 1985 c 185 s 10; 1973 1st ex.s. c 214 s 4; 1973 c 141 s 7; 1971 ex.s. c 81 s 1; 1957 c 37 s 7; 1955 c 270 s 8; prior: 1949 c 183 s 6, part; Rem. Supp. 1949 s 7614-25, part. ]
NOTES:
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Effective date—1971 ex.s. c 81: "The effective date of this act shall be July 1, 1971." [ 1971 ex.s. c 81 s 6.]
Human rights commission to investigate unlawful use of refueling services for individuals with disabilities: RCW 49.60.360.
The commission has power to create such advisory agencies and conciliation councils, local, regional, or statewide, as in its judgment will aid in effectuating the purposes of this chapter. The commission may empower them to study the problems of discrimination in all or specific fields of human relationships or in specific instances of discrimination because of sex, race, creed, color, national origin, citizenship or immigration status, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability; to foster through community effort or otherwise good will, cooperation, and conciliation among the groups and elements of the population of the state, and to make recommendations to the commission for the development of policies and procedures in general and in specific instances, and for programs of formal and informal education which the commission may recommend to the appropriate state agency.
Such advisory agencies and conciliation councils shall be composed of representative citizens, serving without pay, but with reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended, and the commission may make provision for technical and clerical assistance to such agencies and councils and for the expenses of such assistance. The commission may use organizations specifically experienced in dealing with questions of discrimination.
[ 2020 c 52 s 6; 2007 c 187 s 6; 2006 c 4 s 6; 1997 c 271 s 5; 1993 c 510 s 7; 1985 c 185 s 11; 1975-'76 2nd ex.s. c 34 s 146; 1973 1st ex.s. c 214 s 5; 1973 c 141 s 8; 1971 ex.s. c 81 s 2; 1955 c 270 s 9. Prior: 1949 c 183 s 6, part; Rem. Supp. 1949 s 7614-25, part. ]
NOTES:
Severability—1993 c 510: See note following RCW 49.60.010.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Effective date—1971 ex.s. c 81: See note following RCW 49.60.120.
The commission has power to hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and in connection therewith, to require the production for examination of any books or papers relating to any matter under investigation or in question before the commission. The commission may make rules as to the issuance of subpoenas by individual members, as to service of complaints, decisions, orders, recommendations and other process or papers of the commission, its member, agent, or agency, either personally or by registered mail, return receipt requested, or by leaving a copy thereof at the principal office or place of business of the person required to be served. The return post office receipt, when service is by registered mail, shall be proof of service of the same.
[ 1985 c 185 s 12; 1955 c 270 s 10. Prior: 1949 c 183 s 6, part; Rem. Supp. 1949 s 7614-25, part. ]
No person shall be excused from attending and testifying or from producing records, correspondence, documents or other evidence in obedience to the subpoena of the commission or of any individual member, on the ground that the testimony or evidence required of the person may tend to incriminate or subject the person to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which the person is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence, except that such person so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. The immunity herein provided shall extend only to natural persons so compelled to testify.
[ 1985 c 185 s 13; 1955 c 270 s 11. Prior: 1949 c 183 s 6, part; Rem. Supp. 1949 s 7614-25, part. ]
In case of contumacy or refusal to obey a subpoena issued to any person, the superior court of any county within the jurisdiction of which the investigation, proceeding, or hearing is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the commission shall have jurisdiction to issue to such person an order requiring such person to appear before the commission, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof.
[ 1985 c 185 s 14; 1955 c 270 s 12. Prior: 1949 c 183 s 6, part; Rem. Supp. 1949 s 7614-25, part. ]
Witnesses before the commission, its member, agent, or agency, shall be paid the same fees and mileage that are paid witnesses in the courts of this state. Witnesses whose depositions are taken and the person taking the same shall be entitled to same fees as are paid for like services in the courts of the state.
[ 1985 c 185 s 15; 1955 c 270 s 13. Prior: 1949 c 183 s 6, part; Rem. Supp. 1949 s 7614-25, part. ]
NOTES:
Courts of record—Witnesses: Chapter 2.40 RCW.
Discovery and depositions: Title 5 RCW; see also Rules of Court, CR 26 through 37.
(1) No person may require an individual to take an HIV or hepatitis C test, as a condition of hiring, promotion, or continued employment unless the absence of HIV or hepatitis C infection is a bona fide occupational qualification for the job in question.
(2) No person may discharge or fail or refuse to hire any individual, or segregate or classify any individual in any way which would deprive or tend to deprive that individual of employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the results of an HIV test or hepatitis C test unless the absence of HIV or hepatitis C infection is a bona fide occupational qualification of the job in question.
(3) The absence of HIV or hepatitis C infection as a bona fide occupational qualification exists when performance of a particular job can be shown to present a significant risk, as defined by the board of health by rule, of transmitting HIV or hepatitis C infection to other persons, and there exists no means of eliminating the risk by restructuring the job.
(4) For the purpose of this chapter, any person who is actually infected with HIV or hepatitis C, but is not disabled as a result of the infection, shall not be eligible for any benefits under the affirmative action provisions of chapter 49.74 RCW solely on the basis of such infection.
(5) Employers are immune from civil action for damages arising out of transmission of HIV or hepatitis C to employees or to members of the public unless such transmission occurs as a result of the employer's gross negligence.
[ 2020 c 76 s 19; 2003 c 273 s 2; 1988 c 206 s 903. ]
(1) For the purposes of determining whether an unfair practice under this chapter has occurred, claims of discrimination based on actual or perceived HIV or hepatitis C infection shall be evaluated in the same manner as other claims of discrimination based on sensory, mental, or physical disability; or the use of a trained dog guide or service animal by a disabled person.
(2) Subsection (1) of this section shall not apply to transactions with insurance entities, health service contractors, or health maintenance organizations subject to RCW 49.60.030(1)(e) or 49.60.178 to prohibit fair discrimination on the basis of actual HIV or actual hepatitis C infection status when bona fide statistical differences in risk or exposure have been substantiated.
(3) For the purposes of this chapter:
(a) "HIV" means the human immunodeficiency virus, and includes all HIV and HIV-related viruses which damage the cellular branch of the human immune system and leave the infected person immunodeficient; and
(b) "Hepatitis C" means the hepatitis C virus of any genotype.
[ 2003 c 273 s 3; 1997 c 271 s 6; 1993 c 510 s 8; 1988 c 206 s 902. ]
NOTES:
Severability—1993 c 510: See note following RCW 49.60.010.
It shall be an unfair practice to use the sex, race, creed, color, national origin, citizenship or immigration status, marital status, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability of any person, or the use of a trained dog guide or service animal by a person with a disability, concerning an application for credit in any credit transaction to determine the creditworthiness of an applicant.
[ 2020 c 52 s 7; 2007 c 187 s 7; 2006 c 4 s 7; 1997 c 271 s 7; 1993 c 510 s 9; 1979 c 127 s 4; 1977 ex.s. c 301 s 14; 1973 c 141 s 9; 1959 c 68 s 1. ]
NOTES:
Severability—1993 c 510: See note following RCW 49.60.010.
Fairness in lending act: RCW 30A.04.500 through 30A.04.515.
(1) It is an unfair practice for any person whether acting for himself, herself, or another in connection with any credit transaction because of race, creed, color, national origin, citizenship or immigration status, sex, marital status, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability:
(a) To deny credit to any person;
(b) To increase the charges or fees for or collateral required to secure any credit extended to any person;
(c) To restrict the amount or use of credit extended or to impose different terms or conditions with respect to the credit extended to any person or any item or service related thereto;
(d) To attempt to do any of the unfair practices defined in this section.
(2) Nothing in this section shall prohibit any party to a credit transaction from considering the credit history of any individual applicant.
(3) Further, nothing in this section shall prohibit any party to a credit transaction from considering the application of the community property law to the individual case or from taking reasonable action thereon.
[ 2020 c 52 s 8; 2007 c 187 s 8; 2006 c 4 s 8; 1997 c 271 s 8; 1993 c 510 s 10; 1979 c 127 s 5; 1973 c 141 s 5. ]
NOTES:
Severability—1993 c 510: See note following RCW 49.60.010.
(1) It is an unfair practice for any person whether acting for himself, herself, or another in connection with an insurance transaction or transaction with a health maintenance organization to cancel or fail or refuse to issue or renew insurance or a health maintenance agreement to any person because of sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with disabilities: PROVIDED, That a practice which is not unlawful under RCW 48.30.300, 48.44.220, 48.46.370, or 48.43.0128 does not constitute an unfair practice for the purposes of this section. For the purposes of this section, "insurance transaction" is defined in RCW 48.01.060, health maintenance agreement is defined in RCW 48.46.020, and "health maintenance organization" is defined in RCW 48.46.020.
(2) The fact that such unfair practice may also be a violation of chapter 48.30, 48.43, 48.44, or 48.46 RCW does not constitute a defense to an action brought under this section.
(3) The insurance commissioner, under RCW 48.30.300 and 48.43.0128, and the human rights commission, under chapter 49.60 RCW, shall have concurrent jurisdiction under this section and shall enter into a working agreement as to procedure to be followed in complaints under this section.
[ 2021 c 280 s 1; 2020 c 52 s 9; 2006 c 4 s 9; 1997 c 271 s 9; 1993 c 510 s 11; 1984 c 32 s 1; 1979 c 127 s 6; 1974 ex.s. c 32 s 2; 1973 c 141 s 6. ]
NOTES:
Short title—2021 c 280: "This act shall be known and cited as the Gender-Affirming Treatment Act." [ 2021 c 280 s 5.]
Severability—1993 c 510: See note following RCW 49.60.010.
It is an unfair practice for any employer:
(1) To refuse to hire any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved: PROVIDED, That this section shall not be construed to require an employer to establish employment goals or quotas based on sexual orientation.
(2) To discharge or bar any person from employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
(3) To discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That it shall not be an unfair practice for an employer to segregate washrooms or locker facilities on the basis of sex, or to base other terms and conditions of employment on the sex of employees where the commission by regulation or ruling in a particular instance has found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes.
(4) To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language.
[ 2020 c 52 s 10; 2007 c 187 s 9; 2006 c 4 s 10; 1997 c 271 s 10; 1993 c 510 s 12; 1985 c 185 s 16; 1973 1st ex.s. c 214 s 6; 1973 c 141 s 10; 1971 ex.s. c 81 s 3; 1961 c 100 s 1; 1957 c 37 s 9. Prior: 1949 c 183 s 7, part; Rem. Supp. 1949 s 7614-26, part. ]
NOTES:
Severability—1993 c 510: See note following RCW 49.60.010.
Effective date—1971 ex.s. c 81: See note following RCW 49.60.120.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
Employment rights of persons serving in uniformed services: RCW 73.16.032.
Labor—Prohibited practices: Chapter 49.44 RCW.
Unfair practices in employment because of age of employee or applicant: RCW 49.44.090.
It is an unfair practice for any labor union or labor organization:
(1) To deny membership and full membership rights and privileges to any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
(2) To expel from membership any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
(3) To discriminate against any member, employer, employee, or other person to whom a duty of representation is owed because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
[ 2020 c 52 s 11; 2007 c 187 s 10; 2006 c 4 s 11; 1997 c 271 s 11; 1993 c 510 s 13; 1985 c 185 s 17; 1973 1st ex.s. c 214 s 8; 1973 c 141 s 11; 1971 ex.s. c 81 s 4; 1961 c 100 s 2; 1957 c 37 s 10. Prior: 1949 c 183 s 7, part; Rem. Supp. 1949 s 7614-26, part. ]
NOTES:
Severability—1993 c 510: See note following RCW 49.60.010.
Effective date—1971 ex.s. c 81: See note following RCW 49.60.120.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
It is an unfair practice for any employment agency to fail or refuse to classify properly or refer for employment, or otherwise to discriminate against, an individual because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or to print or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification or discrimination as to age, sex, race, sexual orientation, creed, color, or national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language.
[ 2020 c 52 s 12; 2007 c 187 s 11; 2006 c 4 s 12; 1997 c 271 s 12; 1993 c 510 s 14; 1973 1st ex.s. c 214 s 9; 1973 c 141 s 12; 1971 ex.s. c 81 s 5; 1961 c 100 s 3; 1957 c 37 s 11. Prior: 1949 c 183 s 7, part; Rem. Supp. 1949 s 7614-26, part. ]
NOTES:
Severability—1993 c 510: See note following RCW 49.60.010.
Effective date—1971 ex.s. c 81: See note following RCW 49.60.120.
Element of age not to affect apprenticeship agreements: RCW 49.04.910.
Fraud by employment agent: RCW 49.44.050.
No person shall be considered to have committed an unfair practice on the basis of age discrimination unless the practice violates RCW 49.44.090. It is a defense to any complaint of an unfair practice of age discrimination that the practice does not violate RCW 49.44.090.
[ 1993 c 510 s 15; 1985 c 185 s 28. ]
NOTES:
Severability—1993 c 510: See note following RCW 49.60.010.
It is an unfair practice for an employer to:
(1) Require an employee to disclose his or her sincerely held religious affiliation or beliefs, unless the disclosure is for the purpose of providing a religious accommodation at the request of the employee; or
(2) Require or authorize an employee to disclose information about the religious affiliation of another employee, unless the individual whose religious affiliation will be disclosed (a) expressly consents to the disclosure, and (b) has knowledge of the purpose for the disclosure.
[ 2018 c 303 s 2. ]
(1) It is an unfair practice for any employer, employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden by this chapter, or because he or she has filed a charge, testified, or assisted in any proceeding under this chapter.
(2) It is an unfair practice for a government agency or government manager or supervisor to retaliate against a whistleblower as defined in chapter 42.40 RCW.
(3) It is an unfair practice for any employer, employment agency, labor union, government agency, government manager, or government supervisor to discharge, expel, discriminate, or otherwise retaliate against an individual assisting with an office of fraud and accountability investigation under RCW 74.04.012, unless the individual has willfully disregarded the truth in providing information to the office.
[ 2011 1st sp.s. c 42 s 25; 1992 c 118 s 4; 1985 c 185 s 18; 1957 c 37 s 12. Prior: 1949 c 183 s 7, part; Rem. Supp. 1949 s 7614-26, part. ]
NOTES:
Findings—Intent—Effective date—2011 1st sp.s. c 42: See notes following RCW 74.08A.260.
Finding—2011 1st sp.s. c 42: See note following RCW 74.04.004.
(1) This section applies only where a domestic worker is not afforded protections from the actions of a hiring entity under RCW 49.60.180.
(2)(a) It is an unfair practice for any hiring entity to discriminate against a domestic worker in compensation because of the domestic worker's age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
(b) It is an unfair practice for any hiring entity to discharge a domestic worker from employment because of the domestic worker's age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
(3) The complaint process under RCW 49.60.230 through 49.60.280 is not available for unfair practices under this section. A domestic worker injured by a violation of this section may file a civil action under RCW 49.60.030(2).
(4) For purposes of this section:
(a) "Domestic worker" has the same meaning as defined in RCW 49.96.010, as limited by other applicable definitions in RCW 49.96.010, including but not limited to "casual labor" and "family member." "Domestic worker" does not include an employee, as defined in this chapter, who is otherwise afforded protections by RCW 49.60.180.
(b) "Hiring entity" has the same meaning as defined in RCW 49.96.010.
[ 2026 c 15 s 15. ]
NOTES:
Effective date—2026 c 15: See note following RCW 49.96.010.
(1) It shall be a civil infraction under chapter 7.80 RCW for any person to misrepresent an animal as a service animal or service animal trainee. A violation of this section occurs when a person:
(a) Expressly or impliedly represents that an animal is a service animal or service animal trainee for the purpose of securing the rights or privileges afforded disabled persons accompanied by service animals set forth in state or federal law; and
(b) Knew or should have known that the animal in question did not meet the definition of a service animal or service animal trainee.
(2)(a) An enforcement officer as defined under RCW 7.80.040 may investigate and enforce this section by making an inquiry of the person accompanied by the animal in question and issuing a civil infraction. Refusal to answer the questions allowable under (b) of this subsection shall create a presumption that the animal is not a service animal or service animal trainee and the enforcement officer may issue a civil infraction and require the person to remove the animal from the place of public accommodation.
(b) An enforcement officer or place of public accommodation shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal or service animal trainee. An enforcement officer or place of public accommodation may ask if the animal is required because of a disability and what work or task the animal has been trained or is in training to perform. An enforcement officer or place of public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, or require that the service animal demonstrate its task. Generally, an enforcement officer or place of public accommodation may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for a person with a disability, such as a dog is observed guiding a person who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to a person with an observable mobility disability.
[ 2024 c 161 s 2; 2018 c 176 s 4. ]
NOTES:
Declaration—Finding—Purpose—Effective date—2018 c 176: See notes following RCW 49.60.215.
(1) It shall be an unfair practice for any person or the person's agent or employee to:
(a) Commit an act which directly or indirectly results in any distinction, restriction, or discrimination;
(b) Require any person to pay a larger sum than the uniform rates charged other persons;
(c) Refuse or withhold from any person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement.
(2) Notwithstanding subsection (1) of this section, a person or the person's agent or employee may enforce conditions and limitations established by law and applicable to all persons, regardless of race, creed, color, national origin, citizenship or immigration status, sexual orientation, sex, honorably discharged veteran or military status, status as a mother breastfeeding her child, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That this section shall not be construed to require structural changes, modifications, or additions to make any place accessible to a person with a disability except as otherwise required by law: PROVIDED, That behavior or actions constituting a risk to property or other persons can be grounds for refusal and shall not constitute an unfair practice.
(3) A place of public accommodation must make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability in accordance with RCW 49.60.040(25) if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a facility, a place of public accommodation must act in accordance with all applicable laws and regulations.
(4) If a place of public accommodation customarily charges a person for damages that the person causes to the place, the place may charge a service animal trainer for damages that a service animal trainee causes to the place.
(5) A service animal trainer must maintain control of a service animal trainee. Except as provided in this subsection, control must be exerted by means of a harness, leash, or other tether. If the use of a harness, leash, or other tether would interfere with the ability of the animal to do the work or perform the tasks for which the animal is being trained, control may be exerted by the effective use of voice commands, signals, or other means. If an animal is not under control as required in this subsection, a place of public accommodation may consider the animal to be out of control for purposes of subsection (6) of this section.
(6)(a) Except as provided in this subsection, a place of public accommodation may not deny a service animal trainer the right to be accompanied by a service animal trainee in any area of the place that is open to the public or to business invitees. A place of public accommodation may require a service animal trainer to remove a service animal trainee if:
(i) The animal is not trained to urinate and defecate outside of the facility or only in an appropriate place; or
(ii) The animal is out of control and effective action is not taken to control the animal.
(b) A place of public accommodation may impose legitimate requirements necessary for the safe operation of the place of public accommodation. The place of public accommodation must ensure that the safety requirements are based on actual risks, not on speculation, stereotypes, or generalizations about persons with disabilities.
(c) A place of public accommodation may post signage indicating the misrepresentation of an animal as a service animal or service animal trainee may result in a civil infraction of up to $500 pursuant to chapter 7.80 RCW.
(7) A place of public accommodation must make reasonable modifications as necessary to allow an opportunity for a person with a disability who is benefited by the use of a dog guide or service animal to obtain goods, services, and the use of the advantages, facilities, and privileges of the place. For purposes of this subsection, except as provided in subsection (6) of this section, in addition to any other applicable accommodation requirement, allowing the presence of the service animal is a reasonable modification.
(8) A place of public accommodation is not required to provide care or supervision for a service animal or service animal trainee.
(9) The protection granted under this section to a person with a disability or service animal trainer does not invalidate or limit the remedies, rights, and procedures of any other federal, state, or local laws that provide equal or greater protection of the rights of a person with a disability, service animal trainer, or individuals associated with a person with a disability.
[ 2024 c 161 s 3; 2020 c 52 s 13; 2018 c 176 s 3; 2011 c 237 s 1; 2009 c 164 s 2; 2007 c 187 s 12; 2006 c 4 s 13; 1997 c 271 s 13; 1993 c 510 s 16. Prior: 1985 c 203 s 1; 1985 c 90 s 6; 1979 c 127 s 7; 1957 c 37 s 14. ]
NOTES:
Declaration—Finding—Purpose—2018 c 176: "The legislature declares that service animals that are properly trained to assist persons with disabilities play a vital role in establishing independence for such persons. There are an increasing number of occurrences where people intentionally or mistakenly represent their pet, therapy animal, or emotional support animal to be a service animal and attempt to bring the animal into a place that it would otherwise not be allowed to enter. Federal and state laws require places of public accommodation, including food establishments, to allow an animal that is presented as a service animal into a place of public accommodation; these same places of public accommodation face a dilemma when someone enters the premises and intentionally misrepresents his or her animal as a service animal. The legislature finds that the misrepresentation of an animal as a service animal trained to perform specific work or tasks constitutes a disservice both to persons who rely on the use of legitimate service animals, as well as places of public accommodation and their patrons. The purpose of this act is to penalize the intentional misrepresentation of a service animal, which delegitimizes the genuine need for the use of service animals and makes it harder for persons with disabilities to gain unquestioned acceptance of their legitimate, properly trained, and essential service animals." [ 2018 c 176 s 1.]
Effective date—2018 c 176: "This act takes effect January 1, 2019." [ 2018 c 176 s 7.]
Severability—1993 c 510: See note following RCW 49.60.010.
Denial of civil rights: RCW 9.91.010.
It is an unfair practice for any person to aid, abet, encourage, or incite the commission of any unfair practice, or to attempt to obstruct or prevent any other person from complying with the provisions of this chapter or any order issued thereunder.
[ 1957 c 37 s 13. Prior: 1949 c 183 s 7, part; Rem. Supp. 1949 s 7614-26, part. ]
(1) It is an unfair practice for any person, whether acting for himself, herself, or another, because of sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, families with children status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability:
(a) To refuse to engage in a real estate transaction with a person;
(b) To discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;
(c) To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;
(d) To refuse to negotiate for a real estate transaction with a person;
(e) To represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or to fail to bring a property listing to his or her attention, or to refuse to permit the person to inspect real property;
(f) To discriminate in the sale or rental, or to otherwise make unavailable or deny a dwelling, to any person; or to a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or to any person associated with the person buying or renting;
(g) To make, print, circulate, post, or mail, or cause to be so made or published a statement, advertisement, or sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination with respect thereto;
(h) To offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith;
(i) To expel a person from occupancy of real property;
(j) To discriminate in the course of negotiating, executing, or financing a real estate transaction whether by mortgage, deed of trust, contract, or other instrument imposing a lien or other security in real property, or in negotiating or executing any item or service related thereto including issuance of title insurance, mortgage insurance, loan guarantee, or other aspect of the transaction. Nothing in this section shall limit the effect of RCW 49.60.176 relating to unfair practices in credit transactions; or
(k) To attempt to do any of the unfair practices defined in this section.
(2) For the purposes of this chapter discrimination based on the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled includes:
(a) A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the dwelling, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the dwelling to the condition that existed before the modification, reasonable wear and tear excepted;
(b) To refuse to make reasonable accommodation in rules, policies, practices, or services when such accommodations may be necessary to afford a person with the presence of any sensory, mental, or physical disability and/or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled equal opportunity to use and enjoy a dwelling; or
(c) To fail to design and construct covered multifamily dwellings and premises in conformance with the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.) and all other applicable laws or regulations pertaining to access by persons with any sensory, mental, or physical disability or use of a trained dog guide or service animal. Whenever the requirements of applicable laws or regulations differ, the requirements which require greater accessibility for persons with any sensory, mental, or physical disability shall govern.
Nothing in (a) or (b) of this subsection shall apply to: (i) A single-family house rented or leased by the owner if the owner does not own or have an interest in the proceeds of the rental or lease of more than three such single-family houses at one time, the rental or lease occurred without the use of a salesperson, or a broker as defined in RCW 18.85.011, and the rental or lease occurred without the publication, posting, or mailing of any advertisement, sign, or statement in violation of subsection (1)(g) of this section; or (ii) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner maintains and occupies one of the rooms or units as his or her residence.
(3) Notwithstanding any other provision of this chapter, it shall not be an unfair practice or a denial of civil rights for any public or private educational institution to separate the sexes or give preference to or limit use of dormitories, residence halls, or other student housing to persons of one sex or to make distinctions on the basis of marital or families with children status.
(4) Except pursuant to subsection (2)(a) of this section, this section shall not be construed to require structural changes, modifications, or additions to make facilities accessible to a person with a disability except as otherwise required by law. Nothing in this section affects the rights, responsibilities, and remedies of landlords and tenants pursuant to chapter 59.18 or 59.20 RCW, including the right to post and enforce reasonable rules of conduct and safety for all tenants and their guests, provided that chapters 59.18 and 59.20 RCW are only affected to the extent they are inconsistent with the nondiscrimination requirements of this chapter. Nothing in this section limits the applicability of any reasonable federal, state, or local restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
(5) Notwithstanding any other provision of this chapter, it shall not be an unfair practice for any public establishment providing for accommodations offered for the full enjoyment of transient guests as defined by RCW 9.91.010(1)(c) to make distinctions on the basis of families with children status. Nothing in this section shall limit the effect of RCW 49.60.215 relating to unfair practices in places of public accommodation.
(6) Nothing in this chapter prohibiting discrimination based on families with children status applies to housing for older persons as defined by the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995. Nothing in this chapter authorizes requirements for housing for older persons different than the requirements in the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995.
(7) Nothing in this chapter shall apply to real estate transactions involving the sharing of a dwelling unit, or rental or sublease of a portion of a dwelling unit, when the dwelling unit is to be occupied by the owner or subleasor. For purposes of this section, "dwelling unit" has the same meaning as in RCW 59.18.030.
[ 2020 c 52 s 14; 2007 c 187 s 13; 2006 c 4 s 14. Prior: 1997 c 400 s 3; 1997 c 271 s 14; 1995 c 259 s 3; prior: 1993 c 510 s 17; 1993 c 69 s 5; 1989 c 61 s 1; 1979 c 127 s 8; 1975 1st ex.s. c 145 s 1; 1973 c 141 s 13; 1969 ex.s. c 167 s 4. ]
NOTES:
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
It is an unfair practice for any person, for profit, to induce or attempt to induce any person to sell or rent any real property by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, creed, color, sex, national origin, citizenship or immigration status, sexual orientation, families with children status, honorably discharged veteran or military status, or with any sensory, mental, or physical disability and/or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled.
[ 2020 c 52 s 15; 2007 c 187 s 14; 2006 c 4 s 15; 1997 c 271 s 15. Prior: 1993 c 510 s 18; 1993 c 69 s 6; 1979 c 127 s 9; 1969 ex.s. c 167 s 5. ]
NOTES:
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
It is an unlawful practice to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, rights regarding real estate transactions secured by RCW 49.60.030, 49.60.040, and 49.60.222 through 49.60.224.
[ 1993 c 69 s 7. ]
NOTES:
Severability—1993 c 69: See note following RCW 49.60.030.
(1) Every provision in a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals of a specified race, creed, color, sex, national origin, citizenship or immigration status, sexual orientation, families with children status, honorably discharged veteran or military status, or with any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled, and every condition, restriction, or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property on the basis of race, creed, color, sex, national origin, citizenship or immigration status, sexual orientation, families with children status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled is void.
(2) It is an unfair practice to insert in a written instrument relating to real property a provision that is void under this section or to honor or attempt to honor such a provision in the chain of title.
[ 2020 c 52 s 16; 2007 c 187 s 15; 2006 c 4 s 16; 1997 c 271 s 16; 1993 c 69 s 8; 1979 c 127 s 10; 1969 ex.s. c 167 s 6. ]
NOTES:
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
(1) When a reasonable cause determination has been made under RCW 49.60.240 that an unfair practice in a real estate transaction has been committed and a finding has been made that the respondent has engaged in any unfair practice under RCW 49.60.250, the administrative law judge shall promptly issue an order for such relief suffered by the aggrieved person as may be appropriate, which may include actual damages as provided by the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.), and injunctive or other equitable relief. Such order may, to further the public interest, assess a civil penalty against the respondent:
(a) In an amount up to ten thousand dollars if the respondent has not been determined to have committed any prior unfair practice in a real estate transaction;
(b) In an amount up to twenty-five thousand dollars if the respondent has been determined to have committed one other unfair practice in a real estate transaction during the five-year period ending on the date of the filing of this charge; or
(c) In an amount up to fifty thousand dollars if the respondent has been determined to have committed two or more unfair practices in a real estate transaction during the seven-year period ending on the date of the filing of this charge, for loss of the right secured by RCW 49.60.010, 49.60.030, 49.60.040, and 49.60.222 through 49.60.224, as now or hereafter amended, to be free from discrimination in real property transactions because of sex, marital status, race, creed, color, national origin, citizenship or immigration status, sexual orientation, families with children status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled. Enforcement of the order and appeal therefrom by the complainant or respondent may be made as provided in RCW 49.60.260 and 49.60.270. If acts constituting the unfair practice in a real estate transaction that is the object of the charge are determined to have been committed by the same natural person who has been previously determined to have committed acts constituting an unfair practice in a real estate transaction, then the civil penalty of up to fifty thousand dollars may be imposed without regard to the period of time within which any subsequent unfair practice in a real estate transaction occurred. All civil penalties assessed under this section shall be paid into the state treasury and credited to the general fund.
(2) Such order shall not affect any contract, sale, conveyance, encumbrance, or lease consummated before the issuance of an order that involves a bona fide purchaser, encumbrancer, or tenant who does not have actual notice of the charge filed under this chapter.
(3) Notwithstanding any other provision of this chapter, persons awarded damages under this section may not receive additional damages pursuant to RCW 49.60.250.
[ 2020 c 52 s 17; 2007 c 187 s 16; 2006 c 4 s 17; 1997 c 271 s 17; 1995 c 259 s 4. Prior: 1993 c 510 s 20; 1993 c 69 s 9; 1985 c 185 s 19; 1979 c 127 s 11; 1973 c 141 s 14; 1969 ex.s. c 167 s 7. ]
NOTES:
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
The commission and units of local government administering ordinances with provisions similar to the real estate provisions of the law against discrimination are authorized and directed to enter into cooperative agreements or arrangements for receiving and processing complaints so that duplication of functions shall be minimized and multiple hearings avoided. No complainant may secure relief from more than one instrumentality of state, or local government, nor shall any relief be granted by any state or local instrumentality if relief has been granted or proceedings are continuing in any federal agency, court, or instrumentality, unless such proceedings have been deferred pending state action.
[ 1985 c 185 s 20; 1969 ex.s. c 167 s 8. ]
NOTES:
Severability—1969 ex.s. c 167: See note following RCW 49.60.010.
(1)(a) If a written instrument contains a provision that is void by reason of RCW 49.60.224, the owner, occupant, or tenant of the property which is subject to the provision or the homeowners' association board may cause the provision to be stricken from the public records by bringing an action in the superior court in the county in which the property is located. The action shall be an in rem, declaratory judgment action whose title shall be the description of the property. The necessary party to the action shall be the owner, occupant, or tenant of the property or any portion thereof. The person bringing the action shall pay a fee set under RCW 36.18.012.
(b) If the court finds that any provisions of the written instrument are void under RCW 49.60.224, it shall enter an order striking the void provisions from the public records and eliminating the void provisions from the title or lease of the property described in the complaint.
(i) A complete copy of any document affected by the order shall be made an exhibit to the order and the order shall identify each document by recording number and date of recordation and set forth verbatim the void provisions to be struck from such document. The order shall include a certified copy of each document, upon which the court has physically redacted the void provisions.
(ii) The person bringing the action may obtain and deliver a certified copy of the order to the office of the county auditor or, in charter counties, the county official charged with the responsibility for recording instruments in the county records, in the county where the property is located.
(iii) The auditor shall record the documents prepared by the court. An image of each document so corrected shall be placed in the public records. Each corrected document shall contain the following information on the first page or a cover page prepared pursuant to RCW 65.04.047: The auditor's file number or book and page of the original document, a notation that the original document was corrected pursuant to this section, the cause number of the court action, and the date the order was entered.
(iv) The auditor or official shall update the index of each original document referenced in the order with the auditor's file number of the corrected document. Further, the index will note that the original record is no longer the primary official public record and is removed from the chain of title pursuant to the court order.
(v) The original document or image and subsequent records of such actions shall be separately maintained in the county's records and, at the auditor's or official's discretion, the original document or image may also be transferred to the secretary of state archives division to be preserved for historical or archival purposes.
(2)(a) As an alternative to the judicial procedure set forth in subsection (1) of this section, the owner of property subject to a written instrument that contains a provision that is void by reason of RCW 49.60.224 may record a restrictive covenant modification document with the county auditor, or in charter counties the county official charged with the responsibility for recording instruments in the county records, in the county in which the property is located.
(b) The modification document shall contain a recording reference to the original written instrument.
(c) The modification document must state, in part:
"The referenced original written instrument contains discriminatory provisions that are void and unenforceable under RCW 49.60.224 and federal law. This document strikes from the referenced original instrument all provisions that are void and unenforceable under law."
(d) The effective date of the modification document shall be the same as the effective date of the original written instrument.
(e) If the owner causes to be recorded a modification document that contains modifications not authorized by this section, the county auditor or recording officer shall not incur liability for recording the document. Any liability that may result is the sole responsibility of the owner who caused the recordation.
(f) No filing or recording fees or otherwise authorized surcharges shall be required for the filing of a modification document pursuant to this section.
(3) For the purposes of this section, "restrictive covenant modification document" or "modification document" means a standard form developed and designed by the Washington state association of county auditors.
[ 2021 c 256 s 4; 2018 c 65 s 1; 2006 c 58 s 3; 1995 c 292 s 18; 1993 c 69 s 10; 1987 c 56 s 2. ]
NOTES:
Findings—Intent—Application—2021 c 256: See notes following RCW 49.60.525.
Effective date—2018 c 65: "Section 1 of this act takes effect January 1, 2019." [ 2018 c 65 s 3.]
Finding—Intent—2006 c 58: See note following RCW 64.38.028.
Severability—1993 c 69: See note following RCW 49.60.030.
Intent—1987 c 56 s 2: "The legislature finds that some real property deeds and other written instruments contain discriminatory covenants and restrictions that are contrary to public policy and are void. The continued existence of these covenants and restrictions is repugnant to many property owners and diminishes the free enjoyment of their property. It is the intent of RCW 49.60.227 to allow property owners to remove all remnants of discrimination from their deeds." [ 1987 c 56 s 1.]
(1) Who may file a complaint:
(a) Any person claiming to be aggrieved by an alleged unfair practice may, personally or by his or her attorney, make, sign, and file with the commission a complaint in writing under oath or by declaration. The complaint shall state the name of the person alleged to have committed the unfair practice and the particulars thereof, and contain such other information as may be required by the commission.
(b) Whenever it has reason to believe that any person has been engaged or is engaging in an unfair practice, the commission may issue a complaint.
(c) Any employer or principal whose employees, or agents, or any of them, refuse or threaten to refuse to comply with the provisions of this chapter may file with the commission a written complaint under oath or by declaration asking for assistance by conciliation or other remedial action.
(2) Any complaint filed pursuant to this section must be filed within six months after the alleged act of discrimination, except that complaints alleging an unfair practice related to:
(a) A real estate transaction pursuant to RCW 49.60.222 through 49.60.225 must be filed within one year after the alleged unfair practice in a real estate transaction has occurred or terminated;
(b) Pregnancy discrimination pursuant to RCW 49.60.180 must be filed within one year after the alleged unfair practice; and
(c) A complaint alleging whistleblower retaliation must be filed within two years.
[ 2020 c 145 s 1; 2008 c 266 s 7. Prior: 1993 c 510 s 21; 1993 c 69 s 11; 1985 c 185 s 21; 1957 c 37 s 16; 1955 c 270 s 15; prior: 1949 c 183 s 8, part; Rem. Supp. 1949 s 7614-27, part. ]
NOTES:
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
Application—2008 c 266: See RCW 42.40.910.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
PDFRCW 49.60.230
Complaint may be filed with commission. (Effective July 1, 2027.)
(1) Who may file a complaint:
(a) Any person claiming to be aggrieved by an alleged unfair practice may, personally or by his or her attorney, make, sign, and file with the commission a complaint in writing under oath or by declaration. The complaint shall state the name of the person alleged to have committed the unfair practice and the particulars thereof, and contain such other information as may be required by the commission.
(b) Whenever it has reason to believe that any person has been engaged or is engaging in an unfair practice, the commission may issue a complaint.
(c) Any employer or principal whose employees, or agents, or any of them, refuse or threaten to refuse to comply with the provisions of this chapter may file with the commission a written complaint under oath or by declaration asking for assistance by conciliation or other remedial action.
(2) Any complaint filed pursuant to this section must be filed within six months after the alleged act of discrimination, except that complaints alleging an unfair practice related to:
(a) A real estate transaction pursuant to RCW 49.60.222 through 49.60.225 must be filed within one year after the alleged unfair practice in a real estate transaction has occurred or terminated;
(b) Pregnancy discrimination pursuant to RCW 49.60.180 must be filed within one year after the alleged unfair practice; and
(c) A complaint alleging whistleblower retaliation must be filed within two years.
(3) The complaint process under this section is not available for unfair practices under RCW 49.60.212.
[ 2026 c 15 s 14; 2020 c 145 s 1; 2008 c 266 s 7. Prior: 1993 c 510 s 21; 1993 c 69 s 11; 1985 c 185 s 21; 1957 c 37 s 16; 1955 c 270 s 15; prior: 1949 c 183 s 8, part; Rem. Supp. 1949 s 7614-27, part.]
Effective date—2026 c 15: See note following RCW 49.96.010.
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
Application—2008 c 266: See RCW 42.40.910.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
(1)(a) Except as provided for in (c) of this subsection, after the filing of any complaint, the chairperson of the commission shall refer it to the appropriate section of the commission's staff for prompt review and evaluation of the complaint. If the facts as stated in the complaint do not constitute an unfair practice under this chapter, a finding of no reasonable cause may be made without further investigation. If the facts as stated could constitute an unfair practice under this chapter, a full investigation and ascertainment of the facts shall be conducted.
(b) If the complainant has limitations related to language proficiency or cognitive or other disability, as part of the review and evaluation under (a) of this subsection, the commission's staff must contact the complainant directly and make appropriate inquiry of the complainant as to the facts of the complaint.
(c) After the filing of a complaint alleging an unfair practice in a real estate transaction pursuant to RCW 49.60.222 through 49.60.225, the chairperson of the commission shall refer it to the appropriate section of the commission's staff for prompt investigation and ascertainment of the facts alleged in the complaint.
(2) The investigation shall be limited to the alleged facts contained in the complaint. The results of the investigation shall be reduced to written findings of fact, and a finding shall be made that there is or that there is not reasonable cause for believing that an unfair practice has been or is being committed. A copy of the findings shall be provided to the complainant and to the person named in such complaint, hereinafter referred to as the respondent.
(3) If the finding is made that there is reasonable cause for believing that an unfair practice has been or is being committed, the commission's staff shall immediately endeavor to eliminate the unfair practice by conference, conciliation, and persuasion.
If an agreement is reached for the elimination of such unfair practice as a result of such conference, conciliation, and persuasion, the agreement shall be reduced to writing and signed by the respondent, and an order shall be entered by the commission setting forth the terms of said agreement. No order shall be entered by the commission at this stage of the proceedings except upon such written agreement, except that during the period beginning with the filing of complaints alleging an unfair practice with respect to real estate transactions pursuant to RCW 49.60.222 through 49.60.225, and ending with the filing of a finding of reasonable cause or a dismissal by the commission, the commission staff shall, to the extent feasible, engage in conciliation with respect to such complaint. Any conciliation agreement arising out of conciliation efforts by the commission shall be an agreement between the respondent and the complainant and shall be subject to the approval of the commission. Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the commission determines that disclosure is not required to further the purposes of this chapter.
If no such agreement can be reached, a finding to that effect shall be made and reduced to writing, with a copy thereof provided to the complainant and the respondent.
(4) The commission may adopt rules, including procedural time requirements, for processing complaints alleging an unfair practice with respect to real estate transactions pursuant to RCW 49.60.222 through 49.60.225 and which may be consistent with the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.), but which in no case shall exceed or be more restrictive than the requirements or standards of such act.
[ 2010 c 85 s 1; 1995 c 259 s 5. Prior: 1993 c 510 s 22; 1993 c 69 s 12; 1985 c 185 s 22; 1981 c 259 s 1; 1957 c 37 s 17; 1955 c 270 s 16; prior: 1949 c 183 s 8, part; Rem. Supp. 1949 s 7614-27, part. ]
NOTES:
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
RCW 49.60.240 through 49.60.280 applicable to complaints concerning unlawful use of refueling services for individuals with disabilities: RCW 49.60.360.
(1) When the commission has completed the investigation of a complaint alleging workplace reprisal or retaliatory action against a whistleblower as defined in chapter 70.87 RCW, the commission must notify the complainant of the completion of the investigation. The commission must issue written findings of fact and a finding that there is or there is not reasonable cause for believing an unfair practice has been or is being committed as required by RCW 49.60.240 within ninety days of notification of the completed investigation.
(2) If the individual filing a complaint alleging workplace reprisal or retaliatory action against a whistleblower under chapter 70.87 RCW is represented by a labor union, the commission must notify the union of the complaint and the results of the investigation.
(3) If, after a finding is made that there is reasonable cause for believing that an unfair practice has been or is being committed against a whistleblower under chapter 70.87 RCW, no agreement is reached for the elimination of the unfair practice within six months, a finding to that effect must be made and reduced to writing, with a copy provided to the complainant, the complainant's labor union, and the respondent. The commission, in the exercise of discretion, may grant additional time to seek agreement for the elimination of the unfair practice based on extenuating facts and circumstances.
[ 2014 c 49 s 1. ]
(1) In case of failure to reach an agreement for the elimination of such unfair practice, and upon the entry of findings to that effect, the entire file, including the complaint and any and all findings made, shall be certified to the chairperson of the commission. The chairperson of the commission shall thereupon request the appointment of an administrative law judge under Title 34 RCW to hear the complaint and shall cause to be issued and served in the name of the commission a written notice, together with a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of the complaint at a hearing before the administrative law judge, at a time and place to be specified in such notice.
(2) The place of any such hearing may be the office of the commission or another place designated by it. The case in support of the complaint shall be presented at the hearing by counsel for the commission: PROVIDED, That the complainant may retain independent counsel and submit testimony and be fully heard. No member or employee of the commission who previously made the investigation or caused the notice to be issued shall participate in the hearing except as a witness, nor shall the member or employee participate in the deliberations of the administrative law judge in such case. Any endeavors or negotiations for conciliation shall not be received in evidence.
(3) The respondent shall file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard. The respondent has the right to cross-examine the complainant.
(4) The administrative law judge conducting any hearing may permit reasonable amendment to any complaint or answer. Testimony taken at the hearing shall be under oath and recorded.
(5) If, upon all the evidence, the administrative law judge finds that the respondent has engaged in any unfair practice, the administrative law judge shall state findings of fact and shall issue and file with the commission and cause to be served on such respondent an order requiring such respondent to cease and desist from such unfair practice and to take such affirmative action, including, (but not limited to) hiring, reinstatement or upgrading of employees, with or without back pay, an admission or restoration to full membership rights in any respondent organization, or to take such other action as, in the judgment of the administrative law judge, will effectuate the purposes of this chapter, including action that could be ordered by a court, except that damages for humiliation and mental suffering shall not exceed twenty thousand dollars, and including a requirement for report of the matter on compliance. Relief available for violations of RCW 49.60.222 through 49.60.224 shall be limited to the relief specified in RCW 49.60.225.
(6) If a determination is made that retaliatory action, as defined in RCW 42.40.050, has been taken against a whistleblower, as defined in RCW 42.40.020, the administrative law judge may, in addition to any other remedy, require restoration of benefits, back pay, and any increases in compensation that would have occurred, with interest; impose a civil penalty upon the retaliator of up to five thousand dollars; and issue an order to the state employer to suspend the retaliator for up to thirty days without pay. At a minimum, the administrative law judge shall require that a letter of reprimand be placed in the retaliator's personnel file. No agency shall issue any nondisclosure order or policy, execute any nondisclosure agreement, or spend any funds requiring information that is public under the public records act, chapter 42.56 RCW, be kept confidential; except that nothing in this section shall affect any state or federal law requiring information be kept confidential. All penalties recovered shall be paid into the state treasury and credited to the general fund.
(7) The final order of the administrative law judge shall include a notice to the parties of the right to obtain judicial review of the order by appeal in accordance with the provisions of RCW 34.05.510 through 34.05.598, and that such appeal must be served and filed within thirty days after the service of the order on the parties.
(8) If, upon all the evidence, the administrative law judge finds that the respondent has not engaged in any alleged unfair practice, the administrative law judge shall state findings of fact and shall similarly issue and file an order dismissing the complaint.
(9) An order dismissing a complaint may include an award of reasonable attorneys' fees in favor of the respondent if the administrative law judge concludes that the complaint was frivolous, unreasonable, or groundless.
(10) The commission shall establish rules of practice to govern, expedite, and effectuate the foregoing procedure.
(11) Instead of filing with the commission, a complainant may pursue arbitration conducted by the American arbitration association or another arbitrator mutually agreed by the parties, with the cost of arbitration shared equally by the complainant and the respondent.
[ 2008 c 266 s 8. Prior: 1993 c 510 s 23; 1993 c 69 s 14; 1992 c 118 s 5; 1989 c 175 s 115; 1985 c 185 s 23; 1983 c 293 s 1; 1981 c 259 s 2; 1957 c 37 s 18; 1955 c 270 s 17; prior: 1949 c 183 s 8, part; Rem. Supp. 1949 s 7614-27, part. ]
NOTES:
Findings—Intent—2008 c 266: See note following RCW 42.40.020.
Application—2008 c 266: See RCW 42.40.910.
Severability—1993 c 510: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1981 c 259: "Sections 2, 3, 4 and 5 of this 1981 act shall take effect upon the enactment of House Bill 101, 1981 Regular Session." [ 1981 c 259 s 7.] Sections 2, 3, 4, and 5 of 1981 c 259 consist of amendments to RCW 49.60.250, 49.60.260, and 49.60.270 and the enactment of RCW 49.60.330, respectively. House Bill 101 was enacted as chapter 67, Laws of 1981. It was signed by the governor on April 25, 1981. Since chapter 67, Laws of 1981 took effect on July 1, 1982, the apparent intent is for sections 2, 3, 4, and 5 of 1981 c 259 to take effect on that date. For effective date of 1981 c 67, see note following RCW 34.12.010.
Assignment of administrative law judge for human rights commission proceedings: RCW 34.12.037.
(1) The commission or any person entitled to relief of a final order may petition the court within the county wherein any unfair practice occurred or wherein any person charged with an unfair practice resides or transacts business for the enforcement of any final order which is not complied with and is issued by the commission or an administrative law judge under the provisions of this chapter and for appropriate temporary relief or a restraining order, and shall certify and file in court the final order sought to be enforced. Within five days after filing such petition in court, the commission or any person entitled to relief of a final order shall cause a notice of the petition to be sent by certified mail to all parties or their representatives.
(2) If within sixty days after the date the administrative law judge's order concerning an unfair practice in a real estate transaction is entered, no petition has been filed under subsection (1) of this section and the commission has not sought enforcement of the final order under this section, any person entitled to relief under the final order may petition for a decree enforcing the order in the superior courts of the state of Washington for the county in which the unfair practice in a real estate transaction under RCW 49.60.222 through 49.60.224 is alleged to have occurred.
(3) From the time the petition is filed, the court shall have jurisdiction of the proceedings and of the questions determined thereon, and shall have the power to grant such temporary relief or restraining order as it deems just and suitable.
(4) If the petition shows that there is a final order issued by the commission or administrative law judge under RCW 49.60.240 or 49.60.250 and that the order has not been complied with in whole or in part, the court shall issue an order directing the person who is alleged to have not complied with the administrative order to appear in court at a time designated in the order, not less than ten days from the date thereof, and show cause why the administrative order should not be enforced according to the terms. The commission or any person entitled to relief of any final order shall immediately serve the noncomplying party with a copy of the court order and the petition.
(5) The administrative order shall be enforced by the court if the person does not appear, or if the person appears and the court finds that:
(a) The order is regular on its face;
(b) The order has not been complied with; and
(c) The person's answer discloses no valid reason why the order should not be enforced, or that the reason given in the person's answer could have been raised by review under RCW 34.05.510 through 34.05.598, and the person has given no valid excuse for failing to use that remedy.
(6) The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to appellate review by the supreme court or the court of appeals, on appeal, by either party, irrespective of the nature of the decree or judgment. The review shall be taken and prosecuted in the same manner and form and with the same effect as is provided in other cases.
[ 1995 c 259 s 6; 1993 c 69 s 15; 1989 c 175 s 116; 1988 c 202 s 47; 1985 c 185 s 24; 1981 c 259 s 3; 1971 c 81 s 118; 1957 c 37 s 21. Prior: 1949 c 183 s 9, part; Rem Supp. 1949 s 7614-27A, part. ]
NOTES:
Rules of court: Cf. RAP 2.2, 18.22.
Effective date—1995 c 259: See note following RCW 49.60.010.
Severability—1993 c 69: See note following RCW 49.60.030.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1988 c 202: See note following RCW 2.24.050.
Effective date—1981 c 259: See note following RCW 49.60.250.
Any respondent or complainant, including the commission, aggrieved by a final order of an administrative law judge may obtain judicial review of such order as provided under the administrative procedure act, chapter 34.05 RCW. From the time a petition for review is filed, the court has jurisdiction to grant to any party such temporary relief or restraining order as it deems just and suitable. If the court affirms the order, it shall enter a judgment and decree enforcing the order as affirmed.
[ 1985 c 185 s 25; 1981 c 259 s 4; 1957 c 37 s 22. Prior: 1949 c 183 s 9, part; Rem. Supp. 1949 s 7614-27A, part. ]
NOTES:
Effective date—1981 c 259: See note following RCW 49.60.250.
Petitions filed under RCW 49.60.260 and 49.60.270 shall be heard expeditiously and determined upon the transcript filed, without requirement of printing. Hearings in the court under this chapter shall take precedence over all other matters, except matters of the same character.
[ 1957 c 37 s 23. Prior: 1949 c 183 s 9, part; Rem. Supp. 1949 s 7614-27A, part. ]
Any person who wilfully resists, prevents, impedes, or interferes with the commission or any of its members or representatives in the performance of duty under this chapter, or who wilfully violates an order of the commission, is guilty of a misdemeanor; but procedure for the review of the order shall not be deemed to be such wilful conduct.
[ 1985 c 185 s 26; 1961 c 100 s 4; 1957 c 37 s 26; 1949 c 183 s 10; Rem. Supp. 1949 s 7614-28. ]
In any case in which the commission shall issue an order against any political or civil subdivision of the state, or any agency, or instrumentality of the state or of the foregoing, or any officer or employee thereof, the commission shall transmit a copy of such order to the governor of the state. The governor shall take such action to secure compliance with such order as the governor deems necessary.
[ 1985 c 185 s 27; 1949 c 183 s 11; Rem. Supp. 1949 s 7614-29. ]
Any county or any city classified as a first-class city under RCW 35.01.010 with over one hundred twenty-five thousand population may enact resolutions or ordinances consistent with this chapter to provide administrative and/or judicial remedies for any form of discrimination proscribed by this chapter. The imposition of such administrative remedies shall be subject to judicial review. The superior courts shall have jurisdiction to hear all matters relating to violation and enforcement of such resolutions or ordinances, including petitions for preliminary relief, the award of such remedies and civil penalties as are consistent with this chapter, and enforcement of any order of a county or city administrative law judge or hearing examiner pursuant to such resolution or ordinance. Any local resolution or ordinance not inconsistent with this chapter may provide, after a finding of reasonable cause to believe that discrimination has occurred, for the filing of an action in, or the removal of the matter to, the superior court.
[ 1993 c 69 s 16; 1983 c 5 s 2; 1981 c 259 s 5. ]
NOTES:
Severability—1993 c 69: See note following RCW 49.60.030.
Effective date—1981 c 259: See note following RCW 49.60.250.
(1) Any complainant on whose behalf the reasonable cause finding was made, a respondent, or an aggrieved person may, with respect to real estate transactions pursuant to RCW 49.60.222 through 49.60.225, elect to have the claims on which reasonable cause was found decided in a civil action under RCW 49.60.030(2) in lieu of a hearing under RCW 49.60.250. This election must be made not later than twenty days after the service of the reasonable cause finding. The person making such election shall give notice of doing so to the commission and to all other complainants and respondents to whom the charge relates. Any reasonable cause finding issued by the commission pursuant to the procedures contained in this chapter shall become final twenty days after service of the reasonable cause finding unless a written notice of election is received by the commission within the twenty-day period.
(2) If an election is made under subsection (1) of this section, the commission shall authorize not later than thirty days after the election is made, and the attorney general shall commence, a civil action on behalf of the aggrieved person in a superior court of the state of Washington seeking relief under this section.
(3) Any aggrieved person with respect to the issues to be determined in a civil action under this section may intervene as of right in that civil action.
(4) In a civil action under this section, if the court finds that an unfair practice in a real estate transaction has occurred or is about to occur, the court may grant any relief that a court could grant with respect to such an unfair practice in a real estate transaction in a civil action under RCW 49.60.030(2). If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court.
(5) In any administrative proceeding under this section where the respondent is the prevailing party, a complainant who intervenes by filing a notice of independent appearance may be liable for reasonable attorneys' fees and costs only to the extent that the intervening participation in the administrative proceeding was frivolous or vexatious, or was for the purpose of harassment.
(6) In any administrative proceeding brought under RCW 49.60.225 or any court proceeding arising therefrom, or any civil action under this section, the administrative law judge or the court in its discretion may allow the prevailing party, other than the commission, reasonable attorneys' fees and costs.
[ 1993 c 69 s 13. ]
NOTES:
Severability—1993 c 69: See note following RCW 49.60.030.
(1) The superior courts of the state of Washington shall have jurisdiction upon petition of the commission, through the attorney general, to seek appropriate temporary or preliminary relief to enjoin any unfair practice in violation of RCW 49.60.222 through 49.60.225, from which prompt judicial action is necessary to carry out the purposes of this chapter.
(2) The commencement of a civil action under this section does not preclude the initiation or continuation of administrative proceedings under this chapter.
[ 1993 c 69 s 2. ]
NOTES:
Severability—1993 c 69: See note following RCW 49.60.030.
(1) Every person, firm, partnership, association, trustee, or corporation which operates a gasoline service station, or other facility which offers gasoline or other motor vehicle fuel for sale to the public from such a facility, shall provide, upon request, refueling service to disabled drivers, unaccompanied by passengers capable of safely providing refueling service, of vehicles which display a disabled person's license plate or placard issued by the department of licensing. The price charged for the motor vehicle fuel in such a case shall be no greater than that which the facility otherwise would charge the public generally to purchase motor vehicle fuel without refueling service. This section does not require a facility to provide disabled drivers with services, including but not limited to checking oil or cleaning windshields, other than refueling services.
(2) This section does not apply to:
(a) Exclusive self-service gas stations which have remotely controlled gas pumps and which never provide pump island service; and
(b) Convenience stores which sell gasoline, which have remotely controlled gas pumps and which never provide pump island service.
(3) Any person who, as a responsible managing individual setting service policy of a station or facility or as an employee acting independently against set service policy, acts in violation of this section is guilty of a misdemeanor. This subsection shall be enforced by the prosecuting attorney.
(4) The human rights commission shall, upon the filing of a verified written complaint by any person, investigate the actions of any person, firm, partnership, association, trustee, or corporation alleged to have violated this section. The complaint shall be in the form prescribed by the commission. The commission may, upon its own motion, issue complaints and conduct investigations of alleged violations of this section.
RCW 49.60.240 through 49.60.280 shall apply to complaints under this section.
(5) In addition to those matters referred pursuant to subsection (3) of this section, the prosecuting attorney may investigate and prosecute alleged violations of this section.
(6) Any person who intentionally displays a license plate or placard which is invalid, or which was not lawfully issued to that person, for the purpose of obtaining refueling service under subsection (1) of this section shall be subject to a civil fine of one hundred dollars for each such violation.
(7) A notice setting forth the provisions of this section shall be provided by the department of licensing to every person, firm, partnership, association, trustee, or corporation which operates a gasoline service station, or other facility which offers gasoline or other motor vehicle fuel for sale to the public from such a facility.
(8) A notice setting forth the provisions of this section shall be provided by the department of licensing to every person who is issued a disabled person's license plate or placard.
(9) For the purposes of this section, "refueling service" means the service of pumping motor vehicle fuel into the fuel tank of a motor vehicle.
(10) Nothing in this section limits or restricts the rights or remedies provided under chapter 49.60 RCW.
[ 1994 c 262 s 17; 1985 c 309 s 1. Formerly RCW 70.84.090. ]
(1) A person who negligently or maliciously kills or injures a dog guide or service animal is liable for a penalty of one thousand dollars, to be paid to the user of the animal. The penalty shall be in addition to and not in lieu of any other remedies or penalties, civil or criminal, provided by law.
(2) A user or owner of a dog guide or service animal, whose animal is negligently or maliciously injured or killed, is entitled to recover reasonable attorneys' fees and costs incurred in pursuing any civil remedy.
(3) The commission has no duty to investigate any negligent or malicious acts referred to under this section.
[ 1997 c 271 s 23; 1988 c 89 s 1. Formerly RCW 70.84.100. ]
A county, city, or town shall honor a request by a blind person or hearing impaired person not to be charged a fee to license his or her dog guide, or a request by a physically disabled person not to be charged a fee to license his or her service animal.
[ 1997 c 271 s 24; 1989 c 41 s 1. Formerly RCW 70.84.120. ]
The Washington state human rights commission shall adopt rules implementing chapter 271, Laws of 1997 no later than March 1, 1998.
[ 1997 c 271 s 25. ]
(1) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
(2) This section applies only to action taken after December 3, 1998.
(3) This section does not affect any law or governmental action that does not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin.
(4) This section does not affect any otherwise lawful classification that:
(a) Is based on sex and is necessary for sexual privacy or medical or psychological treatment; or
(b) Is necessary for undercover law enforcement or for film, video, audio, or theatrical casting; or
(c) Provides for separate athletic teams for each sex.
(5) This section does not invalidate any court order or consent decree that is in force as of December 3, 1998.
(6) This section does not prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state.
(7) Nothing in this section prohibits schools established under chapter 28A.715 RCW from:
(a) Implementing a policy of Indian preference in employment; or
(b) Prioritizing the admission of tribal members where capacity of the school's programs or facilities is not as large as demand.
(8) For the purposes of this section, "state" includes, but is not necessarily limited to, the state itself, any city, county, public college or university, community college, school district, special district, or other political subdivision or governmental instrumentality of or within the state.
(9) The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Washington antidiscrimination law.
(10) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law, the United States Constitution, or the Washington state Constitution, the section shall be implemented to the maximum extent that federal law, the United States Constitution, and the Washington state Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.
[ 2013 c 242 s 7; (2019 c 160 s 3, Referendum Measure No. 88 failed to become law); 1999 c 3 s 1 (Initiative Measure No. 200, approved November 3, 1998). ]
RCW 49.60.400 shall be known and cited as the Washington State Civil Rights Act.
[ 1999 c 3 s 2 (Initiative Measure No. 200, approved November 3, 1998). ]
It is not an unfair practice when a distinction or differential treatment on the basis of citizenship or immigration status is authorized by federal or state law, regulation, rule, or government contract.
[ 2020 c 52 s 3. ]
(1) No city, town, county, or district may discriminate against any person on the basis of sex in the operation, conduct, or administration of community athletics programs for youth or adults. A third party receiving a lease or permit from a city, town, county, district, or a school district , for a community athletics program also may not discriminate against any person on the basis of sex in the operation, conduct, or administration of community athletics programs for youth or adults.
(2) The definitions in this subsection apply throughout this section.
(a) "Community athletics program" means any athletic program that is organized for the purposes of training for and engaging in athletic activity and competition and that is in any way operated, conducted, administered, or supported by a city, town, county, district, or school district other than those offered by the school and created solely for the students by the school.
(b) "District" means any metropolitan park district, park and recreation service area, or park and recreation district.
[ 2009 c 467 s 2. ]
NOTES:
Findings—Declarations—2009 c 467: "The legislature finds and declares:
On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act. This landmark legislation provides that: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance...." Title IX has expanded opportunities for males as well as females in educational programs and activities, including ensuring access to athletic opportunities for girls and women in educational institutions and to male and female staff to coaching and athletics administrative positions in educational institutions. The dramatic increases in participation rates at both the high school and college levels since Title IX was passed show that when doors are opened to women and girls, they will participate.
Further, ensuring equality in the state of Washington, the legislature passed an amendment to the state Constitution, ratified by the voters in November 1972, providing "Equality of rights and responsibilities under the law shall not be denied or abridged on account of sex." In 1975, Washington continued to be at the forefront of this issue by adopting legislation that established our own statutory version of the federal Title IX law that prohibited "inequality in the educational opportunities afforded women and girls at all levels of the public schools in Washington state."
Athletic opportunities provide innumerable benefits to participants, including greater academic success, better physical and psychological health, responsible social behaviors, and enhanced interpersonal skills. Athletic scholarships make it possible for some young people to attend college. The Washington state legislature, recognizing the importance of full participation in athletics, has passed numerous bills directed at achieving equity and eliminating discrimination in intercollegiate athletics in the state's institutions of higher education.
Despite advances in educational settings and efforts by some local agencies to expand opportunities in community athletics programs, discrimination still exists that limits these opportunities. It is the intent of the legislature to expand and support equal participation in athletics programs, and provide all sports programs equal access to facilities administered by cities, towns, counties, metropolitan park districts, park and recreation service areas, or park and recreation districts.
Nothing in this act is intended to affect the holding in the Washington state supreme court's ruling in Darrin v. Gould, 85 Wn.2d 859, 540 P.2d 882 (1975) and its progeny that held it is not acceptable to discriminate in contact sports on the basis of sex." [ 2009 c 467 s 1.]
(1) By January 1, 2010, each city, town, county, or district operating a community athletics program or issuing permission to a third party for the operation of such program on its facilities shall adopt a policy that specifically prohibits discrimination against any person on the basis of sex in the operation, conduct, or administration of community athletics programs for youth or adults.
(2) It is the responsibility of each city, town, county, or district operating a community athletics program or issuing permission to a third party for the operation of such program on its facilities to publish and disseminate this policy. At a minimum, the nondiscrimination policy should be included in any publication that includes information about the entity's own athletics programs, or about obtaining a permit for operating athletics programs and on the appropriate city, town, county, or district website.
(3) School districts issuing permission to a third party for the operation of a community athletics program on its facilities shall also follow the provisions of this section but may modify and use existing school district policies and procedures to the extent that is possible. Nothing in this section may be construed to require school districts to monitor compliance, investigate complaints, or otherwise enforce school district policies as to third parties using school district facilities.
(4) Every city, town, county, or district covered by this section should also publish the name, office address, and office telephone number of the employee or employees responsible for its efforts to comply with and carry out its responsibilities under chapter 467, Laws of 2009.
[ 2009 c 467 s 3. ]
NOTES:
Findings—Declarations—2009 c 467: See note following RCW 49.60.500.
(1) By requesting noneconomic damages under this chapter, a claimant does not place his or her health at issue or waive any health care privilege under RCW 5.60.060 or 18.83.110, or any other law, unless the claimant:
(a) Alleges a specific diagnosed physical or psychiatric injury as a proximate result of the respondents' conduct, and relies on the records or testimony of a health care provider or expert witness to seek general damages; or
(b) Alleges failure to accommodate a disability or alleges discrimination on the basis of a disability.
(2) Any waiver under subsection (1)(a) and (b) of this section is limited to health care records and communication between a claimant and his or her provider or providers:
(a) Created or occurring in the period beginning two years immediately preceding the first alleged unlawful act for which the claimant seeks damages and ending at the last date for which the claimant seeks damages, unless the court finds exceptional circumstances to order a longer period of time; and
(b) Relating specifically to the diagnosed injury, to the health care provider or providers on which the claimant relies in the action, or to the disability specifically at issue in the allegation.
[ 2020 c 254 s 1; 2018 c 70 s 1. ]
(1) Every hotel, motel, retail, or security guard entity, or property services contractor, who employs an isolated employee, must:
(a) Adopt a sexual harassment policy;
(b) Provide mandatory training to the employer's managers, supervisors, and isolated employees to:
(i) Prevent sexual assault and sexual harassment in the workplace;
(ii) Prevent sexual discrimination in the workplace;
(iii) Educate the employer's workforce regarding protection for isolated employees who report violations of a state or federal law, rule, or regulation; and
(iv) Inform isolated employees on how to use panic buttons, and inform managers and supervisors on the responsibility to respond to the use of panic buttons;
(c) Provide a list of resources for the employer's isolated employees to utilize. At a minimum, the resources must include contact information of the equal employment opportunity commission, the Washington state human rights commission, and local advocacy groups focused on preventing sexual harassment and sexual assault;
(d) Provide a panic button to each isolated employee. An employer must maintain a record of the purchase and utilization of panic buttons provided to its isolated employees under this section. Records must be provided to the department upon request. The department must publish advice and guidance for employers with fifty or fewer employees relating to this subsection (1)(d). This subsection (1)(d) does not apply to contracted security guard companies licensed under chapter 18.170 RCW; and
(e) Document completion of the mandatory training required by this subsection and provide the documentation to the department upon request.
(2)(a) A property services contractor shall submit the following to the department on an annual basis on a form or in a manner determined by the department:
(i) The date of adoption of the sexual harassment policy required in subsection (1)(a) of this section;
(ii) The number of managers, supervisors, and isolated employees trained as required by subsection (1)(b) of this section; and
(iii) The physical address of the work location or locations at which janitorial services are provided by workers of the property services contractor, and for each location: (A) The total number of workers or contractors of the property services contractor who perform janitorial services; and (B) the total hours worked.
(b) The department must make aggregate data submitted as required in this subsection (2) available upon request.
(3)(a) The department must investigate if a complaint is filed with the department alleging a violation of this section or if the department has reason to believe that an employer has committed a violation of this section.
(b) Except when a violation is otherwise resolved, the department must issue: (i) A citation assessing a civil penalty under (c) of this subsection if it finds a violation has occurred; or (ii) a closure letter detailing any findings if it finds that a violation cannot be substantiated. The notice of a citation or closure letter must be sent to the employer by service of process or using an electronic or nonelectronic method by which the citation or closure letter can be tracked or the delivery can be confirmed to the last known address. Before using an electronic method for the first time under this section, the department must provide the employer and the employee the option to receive communication through a nonelectronic method.
(c) If the department finds a violation of this section, the department may order the employer to pay the department a civil penalty of $1,000 for each willful violation. For a repeat willful violator, the citation assessing a civil penalty must be at least $2,000 for each repeat willful violation, but no greater than $10,000 for each repeat willful violation. The department may, at any time, waive or reduce a civil penalty assessed under this section if the department determines that the employer has taken corrective action to resolve the violation. Penalties collected under this section must be deposited into the supplemental pension fund established under RCW 51.44.033.
(d) An employer who fails to comply with the department's investigation of records within a reasonable time period may not use such records in any appeal to challenge the correctness of any determination by the department.
(4) For the purposes of this section:
(a) "Department" means the department of labor and industries.
(b) "Isolated employee" means an employee who:
(i)(A) Performs work in an area where two or more coworkers, supervisors, or a combination thereof are unable to immediately respond to an emergency without being summoned by the employee; or (B) spends at least 50 percent of her or his working hours without a supervisor or another coworker present; and
(ii) Is employed by an employer as a janitor, security guard, hotel or motel housekeeper, or room service attendant.
(c) "Employer" means any person, association, partnership, property services contractor, or public or private corporation, whether for-profit or not, who employs one or more persons.
(d) "Panic button" means an emergency contact device carried by an isolated employee by which the isolated employee may summon immediate on-scene assistance from another worker, a security guard, or a representative of the employer.
A panic button must:
(i) Be designed to be carried by the isolated employee;
(ii) Be simple to activate without delays caused by entering passwords or waiting for the system to turn on;
(iii) Provide an effective signal for the circumstances when activated; and
(iv) Be able to summon immediate assistance and allow responders to accurately identify the isolated employee's location.
(e) "Property services contractor" means any person or entity that employs workers: (i) To perform labor for another person to provide commercial janitorial services; or (ii) on behalf of an employer to provide commercial janitorial services. "Property services contractor" does not mean the employment security department or individuals who perform labor under an agreement for exchanging their own labor or services with each other, provided the work is performed on land owned or leased by the individuals.
(f) "Repeat willful violator" means any employer that has been the subject of a final and binding citation for a willful violation of one or more requirements under this section and all applicable rules, within three years of the date of issuance of the most recent citation for a willful violation of one or more requirements.
(g) "Security guard" means an individual who is principally employed as, or typically referred to as, a security officer or guard, regardless of whether the individual is employed by a private security company or a single employer or whether the individual is required to be licensed under chapter 18.170 RCW.
(h) "Willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute.
(5) The department must adopt rules for purposes of implementing and enforcing this section including, but not limited to, rules concerning the collection of civil penalties and establishing the processes for appeals of citations issued under this section in accordance with chapter 34.05 RCW.
[ 2026 c 77 s 23; 2025 c 47 s 1; 2019 c 392 s 1. ]
NOTES:
Effective date—2025 c 47: "This act takes effect January 1, 2026." [ 2025 c 47 s 2.]
(1)(a) Any person that owns or manages a place of public accommodation that offers a closed-captioned television receiver for use in any public area must activate closed captioning with black background, white text color, and a style and size of font that is readable to people with low vision, unless:
(i) The only receiver of television programming available in a public area is technically incapable of displaying closed captioning; or
(ii) The place of public accommodation is otherwise exempt from the closed captioning requirement under state or federal law.
(b) In a public area with multiple televisions, up to 50 percent of on-premises televisions may be exempt from displaying closed captioning. The exempted televisions must clearly display that they do not have volume or are on mute.
(c) A place of public accommodation may deactivate closed captioning on a television receiver actively displaying text at the request of a vision impaired person. The deactivation of closed captioning is for the length of time the requestor is at the place of public accommodation.
(2) If multiple television models are displayed together for sale in a public area, at least one closed-captioned television must be available for viewing.
(3) If after 90 days from July 25, 2021, a person that owns or manages a place of public accommodation fails to comply with the requirements of this section, that person shall be subject to a civil fine of up to $75 for each violation. Written notice of the violation must be provided to the person and must state that the fine will be assessed. The notice must also state that the person has an opportunity to cure the violation by complying with the requirement within 30 days after delivery of the notice. If the person demonstrates compliance within the 30-day period, the fine will not be assessed, and the violation must be dismissed. Any subsequent violation shall result in a civil fine of up to $150.
(4) For purposes of this section the following definitions apply:
(a) "Closed-captioned television receiver" means a receiver of television programming that has the ability to display closed captioning including, but not limited to, a television, digital set-top box, and other technology capable of displaying closed captioning for television programming.
(b) "Closed captioning" means a transcript or dialog of the audio portion of a television program that is displayed on either the bottom or top portion of a television receiver screen when the user activates the feature. There is no requirement for the closed-captioned transcript or dialog to be in any language other than the language of the audio programming, or a default language where a television receiver only displays one language.
(c) "Public area" means any part of a place of public accommodation that is open to the general public.
(5) A violation of this section is a violation of this chapter.
(6) The human rights commission must prepare an educational pamphlet advising employers and employees of their duty and liability under this section. The pamphlet should be made available online. Employers must provide employees with training on this section using the pamphlet.
[ 2021 c 229 s 1. ]
(1) Subject to the availability of amounts appropriated for this specific purpose, the University of Washington and Eastern Washington University shall review existing recorded covenants and deed restrictions to identify those recorded documents that include racial or other restrictions on property ownership or use against protected classes that are unlawful under RCW 49.60.224. For properties subject to such racial and other unlawful restrictions, the universities shall provide notice to the property owner and to the county auditor of the county in which the property is located. The universities shall provide information to the property owner on how such provisions can be struck pursuant to RCW 49.60.227. The universities may contract with other public and private not-for-profit higher education institutions that are regionally accredited to carry out the review and notification requirements of this section.
(2) This section expires July 1, 2027.
[ 2021 c 256 s 2. ]
NOTES:
Findings—Intent—2021 c 256: "The legislature finds that the existence of racial, religious, or ethnic-based property restrictions or covenants on a deed or chain of title for real property is like having a monument to racism on that property and is repugnant to the tenets of equality. Furthermore, such restrictions and covenants may cause mental anguish and tarnish a property owner's sense of ownership in the property because the owner feels as though they have participated in a racist act themselves.
It is the intent of the legislature that the owner, occupant, or tenant or homeowners' association board of the property which is subject to an unlawful deed restriction or covenant pursuant to RCW 49.60.224 is entitled to have discriminatory covenants and restrictions that are contrary to public policy struck from their chain of title. The legislature has presented two ways this can be accomplished through RCW 49.60.227(1) (a) and (b). If the owner, occupant, or tenant or homeowners' association board of the property elects to pursue a judicial remedy, the legislature intends that the court issue a declaratory judgment ordering the county auditor, or in charter counties the county official charged with the responsibility for recording instruments in the county records, to entirely strike the racist or otherwise discriminatory covenants from the chain of title. Striking the language does not prevent preservation of the original record, outside of the chain of title, for historical or archival purposes.
The legislature finds that striking racist, religious, and ethnic restrictions or covenants from the chain of title is no different than having an offensive statutory monument which the owner may entirely remove. So too should the owner be able to entirely remove the offensive written monument to racism or other unconstitutional discrimination." [ 2021 c 256 s 1.]
Application—2021 c 256: "This act applies to real estate transactions entered into on or after January 1, 2022." [ 2021 c 256 s 5.]
(1) After January 1, 2024, any contractor, including subcontractors, with the state for public works or for goods or services is subject to the nondiscrimination requirements of this section and any rules and regulations to implement it.
(2) Every state contract and subcontract for public works or for goods or services must contain a nondiscrimination clause prohibiting discrimination on the bases enumerated in subsection (3) of this section. The nondiscrimination clause must contain a provision requiring contractors and subcontractors to give written notice of their obligations under that clause to labor organizations with which they have a collective bargaining or other agreement.
(3) The antidiscrimination clauses required by this section must prohibit any covered contractor or subcontractor from:
(a) Refusing to hire any person because of age, sex, marital status, sexual orientation, gender identity, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved: PROVIDED, That this section shall not be construed to require an employer to establish employment goals or quotas based on sexual orientation;
(b) Discharging or barring any person from employment because of age, sex, marital status, sexual orientation, gender identity, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability;
(c) Discriminating against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, gender identity, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That it shall not be an unfair practice for an employer to segregate washrooms or locker facilities on the basis of sex, or to base other terms and conditions of employment on the sex of employees where the commission by regulation or ruling in a particular instance has found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes; or
(d) Printing or circulating, or causing to be printed or circulated, any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to age, sex, marital status, sexual orientation, gender identity, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability, the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, That nothing contained herein shall prohibit advertising in a foreign language.
(4) The department of enterprise services, in collaboration with the office of minority and women's business enterprises, the office of equity, and the commission, must develop standard template contract provisions for public works and goods and services contracts to meet the provisions of this section.
[ 2023 c 468 s 1. ]
(1) A place of public accommodation that is a motion picture theater shall provide access to fully operational and well–maintained closed captioning technology for the general public for each screening of a motion picture that is produced and available with closed captioning as required by Title III of the federal Americans with disabilities act.
(2) If a motion picture is produced with open captioning content and distributed to motion picture theaters, a motion picture theater company that controls, operates, owns, or leases five or more motion picture theaters in the state shall provide open captioning screenings of such motion picture that has at least five scheduled screenings at that theater, provided that the theater has digital projection systems that support open captioning files. Such open captioning screenings must occur within each of the time periods set forth below:
(a) Within each of the first two weeks of such a motion picture's release, the motion picture theater shall provide at least two open captioning screenings, of which at least one must begin between 5:59 p.m. and 11:01 p.m. on Fridays or between 10:59 a.m. and 11:01 p.m. on Saturdays or Sundays.
(b) Within each week after the first two weeks of such a motion picture's release, the motion picture theater shall provide at least one open captioning screening per week, which must begin between 5:59 p.m. and 10:01 p.m. on Mondays, Tuesdays, Wednesdays, or Thursdays; between 5:59 p.m. and 11:01 p.m. on Fridays; or between 10:59 a.m. and 11:01 p.m. on Saturdays or Sundays.
(3) If a motion picture is produced with open captioning content and distributed to motion picture theaters, a motion picture theater company that controls, operates, owns, or leases four or fewer motion picture theaters in the state shall, at each theater that has digital projection systems that support open captioning files:
(a) Provide an open captioning screening within eight calendar days after receiving a request; or
(b) Offer open captioning consistent with the requirements for motion picture theaters in subsection (2) of this section.
(4) Nothing in this section shall prevent a motion picture theater from offering more open captioning screenings than required by subsections (2) and (3) of this section.
(5) Motion picture theaters shall provide contact information on their websites for the purpose of receiving and fulfilling requests for open captioning screenings.
(6) If an open captioning screening of a motion picture overlaps with one or more other open captioning screenings of the same motion picture at the same motion picture theater, no more than one such motion picture screening may be counted toward the minimum number of screenings required by this section, except where it is not practicable to avoid such overlap.
(7) A motion picture theater shall advertise the date and time of open captioning screenings in the same manner as the motion picture theater advertises all other motion picture screenings and indicate which screenings will include open captioning by using the character symbol "OC."
(8) A motion picture theater shall maintain documents sufficient to demonstrate compliance with the requirements of this section for a period of at least one year.
(9) This section does not apply to drive-in theaters.
(10) For purposes of this section:
(a) "Closed captioning" means the written display of a movie's dialogue or transcript and may include nonspeech information such as music, character identities, and other sounds or sound effects by means of a personal captioning device that delivers captions to individual patrons.
(b) "Motion picture theater" means an establishment in which feature motion pictures are regularly exhibited to the public for an admission charge.
(c) "Motion picture theater company" means any individual or business entity that operates one or more motion picture theaters.
(d) "Open captioning" means the written, on-screen display of a motion picture's dialogue and nonspeech information, which may include music, the identity of the character speaking, or other sounds and sound effects.
[ 2025 c 355 s 1. ]
NOTES:
Effective date—2025 c 355: "This act takes effect January 1, 2026." [ 2025 c 355 s 2.]
Short title—2025 c 355: "This act may be known and cited as the John Waldo act." [ 2025 c 355 s 3.]
The legislature finds that:
(1) Workforce mobility is important to economic growth and development;
(2) Agreements limiting competition or hiring may be contracts of adhesion that may be unreasonable; and
(3) The provisions in this chapter facilitating workforce mobility and protecting employees and independent contractors need to be liberally construed and exceptions narrowly construed.
PDFRCW 49.62.005
Findings—Construction—Nonsolicitation agreements. (Effective June 30, 2027.)
The legislature finds that:
(1) Workforce mobility is important to economic growth and development;
(2) Agreements limiting competition or hiring restrain trade and commerce and may be contracts of adhesion that may be unreasonable; and
(3) The provisions in this chapter facilitating workforce mobility and protecting employees and independent contractors must be liberally construed and exceptions narrowly construed. In addition, nonsolicitation agreements, which prohibit an employee from actively soliciting current customers or employees away from the employer, are not prohibited; however, the definition of nonsolicitation agreement must be narrowly construed.
[ 2026 c 149 s 2; 2024 c 36 s 1; 2019 c 299 s 1.]
[ 2024 c 36 s 1; 2019 c 299 s 1. ]
NOTES:
Intent—Finding—2026 c 149: "(1) The legislature finds that noncompetition covenants hinder innovation and entrepreneurship, suppress wages, reduce job mobility, and ultimately harm consumers and the economy. In 2019 the legislature took a critical step forward by banning the use of noncompetition covenants for lower-wage earners. This did not go far enough. Research shows that noncompetition covenants restrict workers' mobility, impede efforts to correct inequities, and significantly suppress workers' wages across all sectors, including for those not subject to covenants, or subject to covenants that are unenforceable under state law. Even among supposed high-wage earners, the suggestion that these covenants are bargained is largely a legal fiction. Noncompetition covenants are often unilaterally imposed by employers and businesses without meaningful negotiation. Businesses have more specific and effective legal means to protect intellectual property, trade secrets, and clients without harming workers, contractors, and the public.
(2) The evidence is clear. Banning noncompetition covenants will incentivize innovation and entrepreneurship, increase wages, and even reduce health care costs. To that end, in 2024 the federal trade commission adopted rules banning noncompetition covenants nationwide. Unfortunately, those rules have not been fully implemented. Washington's workers and businesses should not have to wait years for federal court rulings on a nationwide ban when the state has the authority to extend these protections.
(3) The legislature hereby intends to ban noncompetition covenants for all Washington-based workers and businesses. Yet the legislature recognizes the limitations of a state ban. Workers in all jurisdictions need these same protections. But other states may be slow to act or will not act despite compelling economic interests. The state also does not intend for this act to modify or interfere with the sovereignty of tribal nations or with their exclusive jurisdiction to govern employment standards for employees working in Indian country for a business owned by a federally recognized tribe or tribal member. By joining other states that have banned noncompetition covenants, Washington will demonstrate the benefits to other states, tribes, and jurisdictions. Let the actions of this legislature to improve prosperity for all pave the way for the nation." [ 2026 c 149 s 1.]
Effective date—2026 c 149: "This act takes effect June 30, 2027." [ 2026 c 149 s 9.]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Earnings" means the compensation reflected on box one of the employee's United States internal revenue service form W-2 that is paid to an employee over the prior year, or portion thereof for which the employee was employed, annualized and calculated as of the earlier of the date enforcement of the noncompetition covenant is sought or the date of separation from employment. "Earnings" also means payments reported on internal revenue service form 1099-MISC for independent contractors.
(2) "Employee" and "employer" have the same meanings as in RCW 49.17.020.
(3) "Franchisor" and "franchisee" have the same meanings as in RCW 19.100.010.
(4) "Noncompetition covenant" includes every written or oral covenant, agreement, or contract by which an employee or independent contractor is prohibited or restrained from engaging in a lawful profession, trade, or business of any kind. A "noncompetition covenant" also includes an agreement that directly or indirectly prohibits the acceptance or transaction of business with a customer. A "noncompetition covenant" does not include: (a) A nonsolicitation agreement; (b) a confidentiality agreement; (c) a covenant prohibiting use or disclosure of trade secrets or inventions; (d) a covenant entered into by a person purchasing or selling the goodwill of a business or otherwise acquiring or disposing of an ownership interest, but only if the person signing the covenant purchases, sells, acquires, or disposes of an interest representing one percent or more of the business; or (e) a covenant entered into by a franchisee when the franchise sale complies with RCW 19.100.020(1).
(5) "Nonsolicitation agreement" means an agreement between an employer and employee that prohibits solicitation by an employee, upon termination of employment: (a) Of any employee of the employer to leave the employer; or (b) of any current customer of the employer to cease or reduce the extent to which it is doing business with the employer.
(6) "Party seeking enforcement" means the named plaintiff or claimant in a proceeding to enforce a noncompetition covenant or the defendant in an action for declaratory relief.
PDFRCW 49.62.010
Definitions. (Effective June 30, 2027.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Employee" and "employer" have the same meanings as in RCW 49.17.020.
(2) "Franchisor" and "franchisee" have the same meanings as in RCW 19.100.010.
(3)(a) "Noncompetition covenant" includes every written or oral covenant, agreement, or contract that prohibits or restrains an employee or independent contractor from engaging in a lawful profession, trade, or business of any kind.
(b) "A noncompetition covenant" also includes a covenant, agreement, or contract between a performer and a performance space, or a third party scheduling the performer for a performance space, that prohibits or restrains the performer from engaging in a lawful performance.
(c) A "noncompetition covenant" also includes an agreement that directly or indirectly prohibits the acceptance or transaction of business with a customer.
(d) A "noncompetition covenant" also includes any provision in an agreement that threatens, demands, requires, or otherwise effectuates that an individual return, repay, or forfeit any right, benefit, or compensation, as a consequence of the individual engaging in a lawful profession, trade, or business of any kind.
(e) A "noncompetition covenant" does not include: (i) A nonsolicitation agreement; (ii) a confidentiality agreement; (iii) a covenant prohibiting use or disclosure of trade secrets or inventions; (iv) a covenant entered into by a person purchasing or selling the goodwill of a business or otherwise acquiring or disposing of an ownership interest, but only if the person signing the covenant purchases, sells, acquires, or disposes of an ownership interest representing one percent or more of the business; (v) a covenant entered into by a franchisee when the franchise sale complies with RCW 19.100.020(1); or (vi) a written agreement to repay out-of-pocket educational expenses if the agreement: (A) Expires within 18 months of the employee's start date for employment; (B) limits repayment to the pro rata portion of the remaining time of the 18-month period; and (C) releases the employee from the obligation to repay if the employee's separation from employment is based on "good cause" under RCW 50.20.050.
(4) "Nonsolicitation agreement" means an agreement between an employer and employee that prohibits solicitation by an employee, upon termination of employment: (a) Of any employee of the employer to leave the employer; or (b) of any current or prospective customer, patient, or client of the employer to shift business away from *with [((with))] the employer if the employee established or substantially developed a direct relationship with the customer, patient, client, or prospect through the employee's work for the employer and the prohibition expires no later than 18 months following termination of employment. An agreement that directly or indirectly prohibits the acceptance or transaction of business with a customer, patient, or client is not a "nonsolicitation agreement."
(5) "Party seeking enforcement" means the named plaintiff or claimant in a proceeding to enforce a noncompetition covenant or the defendant in an action for declaratory relief.
[ 2026 c 149 s 3; 2024 c 36 s 2; 2019 c 299 s 2.]
[ 2024 c 36 s 2; 2019 c 299 s 2. ]
NOTES:
*Reviser's note: The word "with" was apparently not removed in 2026 c 149 s 3 in error.
Intent—Finding—Effective date—2026 c 149: See notes following RCW 49.62.005.
(1) A noncompetition covenant is void and unenforceable:
(a)(i) Unless the employer discloses the terms of the covenant in writing to the prospective employee no later than the time of the initial oral or written acceptance of the offer of employment and, if the agreement becomes enforceable only at a later date due to changes in the employee's compensation, the employer specifically discloses that the agreement may be enforceable against the employee in the future; or
(ii) If the covenant is entered into after the commencement of employment, unless the employer provides independent consideration for the covenant;
(b) Unless the employee's earnings from the party seeking enforcement, when annualized, exceed one hundred thousand dollars per year. This dollar amount must be adjusted annually in accordance with RCW 49.62.040;
(c) If the employee is terminated as the result of a layoff, unless enforcement of the noncompetition covenant includes compensation equivalent to the employee's base salary at the time of termination for the period of enforcement minus compensation earned through subsequent employment during the period of enforcement.
(2) A court or arbitrator must presume that any noncompetition covenant with a duration exceeding eighteen months after termination of employment is unreasonable and unenforceable. A party seeking enforcement may rebut the presumption by proving by clear and convincing evidence that a duration longer than eighteen months is necessary to protect the party's business or goodwill.
PDFRCW 49.62.020
When void and unenforceable. (Effective June 30, 2027.)
(1) Beginning on June 30, 2027, all noncompetition covenants are void and unenforceable regardless of when the parties entered into the noncompetition covenant.
(2) It is a violation of this chapter for an employer to enforce, attempt to enforce, or threaten to enforce against an employee or worker any noncompetition covenant, to represent that the employee or worker is subject to a noncompetition covenant, or to enter into or attempt to enter into a noncompetition covenant with an employee or worker.
(3) By October 1, 2027, an employer must make reasonable efforts to provide written notice to all current and former employees and independent contractors whose noncompetition covenant is still within its effective time period, that their noncompetition covenant is void and unenforceable.
[ 2026 c 149 s 4; 2024 c 36 s 3; 2019 c 299 s 3.]
[ 2024 c 36 s 3; 2019 c 299 s 3. ]
NOTES:
Intent—Finding—Effective date—2026 c 149: See notes following RCW 49.62.005.
(1) A noncompetition covenant is void and unenforceable against an independent contractor unless the independent contractor's earnings from the party seeking enforcement exceed two hundred fifty thousand dollars per year. This dollar amount must be adjusted annually in accordance with RCW 49.62.040.
(2) The duration of a noncompetition covenant between a performer and a performance space, or a third party scheduling the performer for a performance space, must not exceed three calendar days.
[ 2019 c 299 s 4. ]
The dollar amounts specified in RCW 49.62.020 and 49.62.030 must be adjusted annually for inflation. Annually on September 30th the department of labor and industries must adjust the dollar amounts specified in this section by calculating to the nearest cent using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index, for the twelve months prior to each September 1st as calculated by the United States department of labor. The adjusted dollar amount calculated under this section takes effect on the following January 1st.
[ 2019 c 299 s 5. ]
A provision in a noncompetition covenant signed by an employee or independent contractor who is Washington-based is void and unenforceable:
(1) If the covenant requires the employee or independent contractor to adjudicate a noncompetition covenant outside of this state;
(2) To the extent it deprives the employee or independent contractor of the protections or benefits of this chapter; or
(3) If it allows or requires the application of choice of law principles or the substantive law of any jurisdiction other than Washington state.
[ 2024 c 36 s 4; 2019 c 299 s 6. ]
(1) No franchisor may restrict, restrain, or prohibit in any way a franchisee from soliciting or hiring any employee of a franchisee of the same franchisor.
(2) No franchisor may restrict, restrain, or prohibit in any way a franchisee from soliciting or hiring any employee of the franchisor.
[ 2019 c 299 s 7. ]
(1) Subject to subsection (2) of this section, an employer may not restrict, restrain, or prohibit an employee earning less than twice the applicable state minimum hourly wage from having an additional job, supplementing their income by working for another employer, working as an independent contractor, or being self-employed.
(2)(a) This section shall not apply to any such additional services when the specific services to be offered by the employee raise issues of safety for the employee, coworkers, or the public, or interfere with the reasonable and normal scheduling expectations of the employer.
(b) This section does not alter the obligations of an employee to an employer under existing law, including the common law duty of loyalty and laws preventing conflicts of interest and any corresponding policies addressing such obligations.
[ 2019 c 299 s 8. ]
(1) Upon a violation of this chapter, the attorney general, on behalf of a person or persons, may pursue any and all relief. A person aggrieved by a noncompetition covenant may bring a cause of action to pursue any and all relief provided for in subsections (2) and (3) of this section.
(2) If a court or arbitrator determines that a noncompetition covenant violates this chapter, the violator must pay the aggrieved person the greater of his or her actual damages or a statutory penalty of five thousand dollars, plus reasonable attorneys' fees, expenses, and costs incurred in the proceeding.
(3) If a court or arbitrator reforms, rewrites, modifies, or only partially enforces any noncompetition covenant, the party seeking enforcement must pay the aggrieved person the greater of his or her actual damages or a statutory penalty of five thousand dollars, plus reasonable attorneys' fees, expenses, and costs incurred in the proceeding.
(4) A cause of action may not be brought regarding a noncompetition covenant signed prior to January 1, 2020, if the noncompetition covenant is not being enforced or explicitly leveraged.
PDFRCW 49.62.080
Violation of this chapter—Relief—Remedies. (Effective June 30, 2027.)
(1) Upon a violation of this chapter, the attorney general, on behalf of a person or persons, may pursue any and all relief. A person aggrieved by a violation of this chapter may bring a cause of action to pursue any and all relief provided for in subsection (2) of this section.
(2) If a court or arbitrator determines that a person has violated this chapter, the violator must pay the aggrieved person the greater of his or her actual damages or a statutory penalty of five thousand dollars, plus reasonable attorneys' fees, expenses, and costs incurred in the proceeding.
[ 2026 c 149 s 5; 2024 c 36 s 5; 2019 c 299 s 9.]
[ 2024 c 36 s 5; 2019 c 299 s 9. ]
NOTES:
Intent—Finding—Effective date—2026 c 149: See notes following RCW 49.62.005.
(1)(a) Subject to (b) of this subsection, this chapter displaces conflicting tort, restitutionary, contract, including contract principles relating to discharge by assent or alteration, and other laws of this state pertaining to liability for competition by employees or independent contractors with their employers or principals, as appropriate.
(b) This chapter does not amend or modify chapter 19.108 RCW.
(2) Except as otherwise provided in this chapter, this chapter does not revoke, modify, or impede the development of the common law.
PDFRCW 49.62.090
Conflict of laws. (Effective June 30, 2027.)
(1) Subject to subsection (2) of this section, this chapter displaces conflicting tort, restitutionary, contract, including contract principles relating to discharge by assent or alteration, and other laws of this state pertaining to liability for competition by employees or independent contractors with their employers or principals, as appropriate.
(2) This chapter does not amend or modify chapter 19.108 RCW.
[ 2026 c 149 s 6; 2024 c 36 s 6; 2019 c 299 s 10.]
[ 2024 c 36 s 6; 2019 c 299 s 10. ]
NOTES:
Intent—Finding—Effective date—2026 c 149: See notes following RCW 49.62.005.
This chapter applies to all proceedings commenced on or after January 1, 2020, regardless of when the cause of action arose. To this extent, this chapter applies retroactively, but in all other respects it applies prospectively.
PDFRCW 49.62.100
Application. (Effective June 30, 2027.)
(1) RCW 49.62.010, 49.62.020, 49.62.080, and 49.62.090 apply to all proceedings commenced on or after June 30, 2027, regardless of when the cause of action arose.
(2) Legal proceedings commenced before June 30, 2027, will be governed by this chapter as amended prior to June 30, 2027.
[ 2026 c 149 s 7; 2019 c 299 s 11.]
[ 2019 c 299 s 11. ]
NOTES:
Intent—Finding—Effective date—2026 c 149: See notes following RCW 49.62.005.
This chapter is an exercise of the state's police power and shall be construed liberally for the accomplishment of its purposes.
[ 2019 c 299 s 12. ]
This act takes effect January 1, 2020.
[ 2019 c 299 s 13. ]
Any trust heretofore or hereafter created for the purposes and of the type enumerated in RCW 49.64.020, whether in real or personal property or in real and personal property, may continue for such time as may be necessary to accomplish the purposes of the trust and shall not be invalid as violating any statute or rule of law against perpetuities, or against accumulations of earnings, or concerning the suspension of the power of alienation of the title to property, or otherwise limiting the duration of trusts.
[ 1955 c 158 s 1. ]
Trusts which are entitled to the exemption from limitation as to their duration provided for in RCW 49.64.010 must be:
(1) Created by an employer primarily for the benefit of some or all of the employees of such employer or the families or appointees of such employees, under any pension, profit-sharing, stock bonus, retirement, disability, death benefit or other similar types of employee-benefit plans; and
(2) Contributed to by the employer or employees or both; and
(3) Existing for the purpose of distributing to or for the benefit of some or all of such employees (either before or after their employment ceases), their families or appointees, the earnings or principal, or earnings and principal, of the trust.
[ 1955 c 158 s 2. ]
Notwithstanding the provisions of RCW 26.16.030, whenever payment or refund is made to an employee, former employee, or his or her beneficiary or estate pursuant to and in full compliance with a written retirement, death, or other employee benefit plan or savings plan, such payment or refund shall fully discharge the employer and any trustee or insurance company making such payment or refund from all adverse claims thereto unless, before such payment or refund is made, the employer or former employer, where the payment is made by the employer or former employer, has received at its principal place of business within this state, written notice by or on behalf of some other person that such other person claims to be entitled to such payment or refund or some part thereof, or where a trustee or insurance company is making the payment, such notice has been received by the trustee or insurance company at its home office or its principal place of business within this state, and if none, such notice may be made on the secretary of state: PROVIDED, HOWEVER, That nothing contained in this section shall affect any claim or right to any such payment or refund or part thereof as between all persons other than employer and the trustee or insurance company making such payment or refund.
[ 2010 c 8 s 12061; 1953 c 45 s 1. Formerly RCW 49.52.065. ]
NOTES:
Employees' benefit deductions are trust funds: RCW 49.52.010.
(1) Unless the context clearly requires otherwise, in this section "dental care assistance plan" means any plan of dental insurance offered by an insurer as defined by chapter 48.01 RCW and any agreement for dental care benefits entered into or renewed after January 1, 1989, provided by a health care service contractor as defined by chapter 48.44 RCW.
(2) Each employer, public or private, that offers its employees a dental care assistance plan and each employee benefits fund that offers its members a dental care assistance plan limiting the provider of dental care to designated providers or group of providers, shall make available to and inform its employees or members of the option of enrolling in an alternative dental care assistance plan that permits the employees or members to obtain dental care services from any licensed dental care provider of their choice. The portion of the premium paid by the employer for the limiting plan shall be comparable to, but in no case greater than, the portion of the premium paid by the employer for the other plan. If employees are members of a bona fide bargaining unit covered by a labor-management collective bargaining agreement, the selection of the options required by this section may be specified in the agreement. The provisions of this section are not mandatory if the employees are covered by Taft-Hartley health care trust, except that the labor-management trustees may contract with a dental care assistance plan if a feasibility study determines it is to the advantage of the members: PROVIDED, That this section shall only apply to employers with greater than twenty-five employees under coverage.
[ 1988 c 259 s 1. ]
It is the public policy of the state to expedite the settlement of labor disputes arising in connection with health care activities, in order that there may be no lessening, however temporary, in the quality of the care given to patients. It is the legislative purpose by this chapter to promote collective bargaining between health care activities and their employees, to protect the right of employees of health care activities to organize and select collective bargaining units of their own choosing.
It is further determined that any agreements involving union security including an all-union agreement or agency agreement must safeguard the rights of nonassociation of employees, based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member. Such employee must pay an amount of money equivalent to regular union dues and initiation fees and assessments, if any, to a nonreligious charity or to another charitable organization mutually agreed upon by the employee affected and the representative of the labor organization to which such employee would otherwise pay dues. The employee shall furnish written proof that this has been done. If the employee and representative of the labor organization do not reach agreement on the matter, the department shall designate such organization.
[ 1973 2nd ex.s. c 3 s 1; 1972 ex.s. c 156 s 1. ]
As used in this chapter:
(1) "Health care activity" includes any hospital, nursing home, institution, agency or establishment, exclusive of those operated by the state, its municipalities, or political subdivisions, having for one of its principal purposes the preservation of health or the care of sick, aged or infirm persons.
(2) "Bargaining unit" includes any group of employees of a health care activity having substantially common interests with respect to working conditions. The composition of a bargaining unit may be determined by common consent between an employer and its employees, or, in the event either party shall apply to the director of labor and industries for a determination of the composition of a bargaining unit, it shall be determined by the director of labor and industries or his delegated representative. No bargaining unit shall be found appropriate if it includes guards together with other employees.
(3) "Employee" includes any registered nurse or licensed practical nurse or service personnel performing services for wages for a health care activity. The term shall not apply to a member of a religious order assigned to a health care activity by the order as a part of his obligations to it; nor shall it apply to persons performing services in connection with healing by prayer or spiritual means alone in accordance with the tenets and practices of recognized church or religious denominations by adherents thereof; nor shall it apply to supervisors.
(4) "Employer" includes any person, agency, corporation, company or other organization engaged in the operation of a health care activity, whether for profitable or charitable purposes.
(5) "Supervisor" means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Supervisor includes registered nurses only if administrative supervision is his or her primary duty and activity.
(6) "Guard" means any individual employed as a guard to enforce against employees and other persons rules to protect property of the employer or to protect the safety of persons on the employer's premises.
(7) "Director" means the director of the department of labor and industries.
(8) "Department" means the department of labor and industries.
[ 1973 2nd ex.s. c 3 s 2; 1972 ex.s. c 156 s 2. ]
An employee association shall be deemed the properly designated representative of a bargaining unit when it can show evidence that bargaining rights have been assigned to it by a majority of the employees in the bargaining unit. Should questions arise concerning the representative status of any employee organization claiming to represent a bargaining unit of employees, upon petition by such an organization, it shall be the duty of the director, acting by himself or herself or through a designee to investigate and determine the composition of the organization. Any organization found authorized by not less than thirty percent of the employees of a bargaining unit shall be eligible to apply for an election to determine its rights to represent the unit. If more than one organization shall claim to represent any unit, the director, or his or her designee, may conduct an election by secret ballot to determine which organization shall be authorized to represent the unit. In order to be certified as a bargaining representative, an employee organization must receive, in a secret ballot election, votes from a majority of the employees who vote in the election, except that nothing in this section shall prohibit the voluntary recognition of a labor organization as a bargaining representative by an employer upon a showing of reasonable proof of majority. In any election held pursuant to this section, there shall be a choice on the ballot for employees to designate that they do not wish to be represented by any bargaining representative. No representation election shall be directed in any bargaining unit or any subdivision thereof within which, in the preceding twelve-month period, a valid election has been held. Thirty percent of the employees of an employer may file a petition for a secret ballot election to ascertain whether the employee organization which has been certified or is currently recognized by their employer as their bargaining representative is no longer their bargaining representative.
No employee organization shall be certified as the representative of employees in a bargaining unit of guards, if such organization admits to membership, or is affiliated directly or indirectly with an organization which admits to membership, employees other than guards. The determination shall be based upon a plurality of votes cast in such election, and shall remain in effect for a period of not less than one year. In determining appropriate bargaining units, the director shall limit such units to groups consisting of registered nurses, licensed practical nurses or service personnel: PROVIDED, HOWEVER, That if a majority of each such classification desires inclusion within a single bargaining unit, they may combine into a single unit.
[ 2010 c 8 s 12062; 1973 2nd ex.s. c 3 s 3; 1972 ex.s. c 156 s 3. ]
It shall be deemed an unfair labor practice, and unlawful, for any health care activity to:
(1) Interfere with, restrain or coerce employees in any manner in the exercise of their right of self-organization: PROVIDED, That the expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this chapter, if such expression contains no threat of reprisal or force or promise of benefit;
(2) Initiate, create, dominate, contribute to or interfere with the formation or administration of any employee organization having bargaining as one of its functions;
(3) Discriminate in regard to hire, terms, or conditions of employment in order to discourage membership in any employee organization having collective bargaining as one of its functions;
(4) Refuse to meet and bargain in good faith with the duly designated representatives of an appropriate bargaining unit of employees; and it shall be a requirement of good faith bargaining that the parties be willing to reduce to writing, and have their representatives sign, any agreement arrived at through negotiation and discussion.
[ 1972 ex.s. c 156 s 4. ]
It shall be an unfair labor practice and unlawful, for any employee organization or its agent to:
(1) Restrain or coerce (a) employees in the exercise of their right to refrain from self-organization, or (b) an employer in the selection of its representatives for purposes of collective bargaining or the adjustment of grievances;
(2) Cause or attempt to cause an employer to discriminate against an employee in violation of RCW 49.66.040(3) or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than his or her failure to tender the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership;
(3) Refuse to meet and bargain in good faith with an employer, provided it is the duly designated representative of the employer's employees for purposes of collective bargaining;
(4) Require of employees covered by a union security agreement the payment, as a condition precedent to becoming a member of such organization, of a fee in an amount which the director finds excessive or discriminatory under all the circumstances. In making such a finding, the director shall consider, among other relevant factors, the practices and customs of labor organizations in the particular industry, and the wages currently paid to the employees affected;
(5) Cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed;
(6) Enter into any contract or agreement, express or implied, whereby an employer or other person ceases or refrains, or agrees to cease or refrain, from handling, using, selling, transporting, or otherwise dealing in any of the products or services of any other employer or person, or to cease doing business with any other employer or person, and any such contract or agreement shall be unenforceable and void; or
(7) Engage in, or induce or encourage any individual employed by any employer or to engage in, an activity prohibited by RCW 49.66.060.
[ 2010 c 8 s 12063; 1973 2nd ex.s. c 3 s 4; 1972 ex.s. c 156 s 5. ]
No employee organization, bargaining representative, person, or employee shall authorize, sanction, engage in, or participate in a strike (including but not limited to a concerted work stoppage of any kind, concerted slowdown or concerted refusal or failure to report for work or perform work) or picketing against an employer under any circumstances, whether arising out of a recognition dispute, bargaining impasse, or otherwise: PROVIDED, That nothing in this section shall prohibit picketing or other publicity for the sole purpose of truthfully advising the public of the existence of a dispute with the employer, unless an effect of such picketing or other publicity is (a) to induce any employee of the employer or any other individual, in the course of his or her employment, not to pick up, deliver, or transfer goods, not to enter the employer's premises, or not to perform services; or (b) to induce such an employee or individual to engage in a strike.
[ 2010 c 8 s 12064; 1972 ex.s. c 156 s 6. ]
The director or any employee organization qualified to apply for an election under RCW 49.66.030 as now or hereafter amended or any employer may maintain in its name or in the name of its members legal action in any county in which jurisdiction of the employer or employee organization may be obtained, to seek relief from the commission of an unfair labor practice: PROVIDED, That such employer or employee organization exhausts the administrative remedies under rules and regulations promulgated by the department prior to seeking such court action.
The department is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders. Any party aggrieved by any remedial order is entitled to the judicial review thereof in accordance with the provisions of chapter 34.05 RCW.
[ 1973 2nd ex.s. c 3 s 5; 1972 ex.s. c 156 s 7. ]
The director shall have the power to make such rules and regulations not inconsistent with this chapter, including the establishment of procedures for the hearing and determination of charges alleging unfair labor practices, and for a determination on application by either party when an impasse has arisen, and as he or she shall determine are necessary to effectuate its purpose and to enable him or her to carry out its provisions.
[ 2010 c 8 s 12065; 1973 2nd ex.s. c 3 s 6; 1972 ex.s. c 156 s 8. ]
In the event that a health care activity and an employees' bargaining unit shall reach an impasse, the matters in dispute shall be submitted to a board of arbitration composed of three arbitrators for final and binding resolution. The board shall be selected in the following manner: Within ten days, the employer shall appoint one arbitrator and the employees shall appoint one arbitrator. The two arbitrators so selected and named shall within ten days agree upon and select the name of a third arbitrator who shall act as chair. If, upon the expiration of the period allowed therefor the arbitrators are unable to agree on the selection of a third arbitrator, such arbitrator shall be appointed at the request of either party in accordance with RCW 7.04A.110, and that person shall act as chair of the arbitration board.
[ 2010 c 8 s 12066; 2005 c 433 s 44; 1973 2nd ex.s. c 3 s 7; 1972 ex.s. c 156 s 9. ]
NOTES:
Application—Captions not law—Savings—Effective date—2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
The arbitration board, acting through its chair, shall call a hearing to be held within ten days after the date of the appointment of the chair. The board shall conduct public or private hearings. Reasonable notice of such hearings shall be given to the parties who shall appear and be heard either in person or by counsel or other representative. Hearings shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. A recording of the proceedings shall be taken. Any oral or documentary evidence and other data deemed relevant by the board may be received in evidence. The board shall have the power to administer oaths, require the attendance of witnesses, and the production of such books, papers, contracts, agreements, and documents as may be deemed by the board material to a just determination of the issues in dispute and to issue subpoenas. If any person refuses to obey such subpoena or refuses to be sworn to testify, or any witness, party, or attorney is guilty of any contempt while in attendance at any hearing held hereunder, the board may invoke the jurisdiction of any superior court and such court shall have jurisdiction to issue an appropriate order. A failure to obey such order may be punished by the court as a contempt thereof. The hearing conducted by the arbitrators shall be concluded within twenty days of the time of commencement and, within ten days after conclusion of the hearings, the arbitrator shall make written findings and a written opinion upon the issues presented, a copy of which shall be mailed or otherwise delivered to the employees' negotiating agent or its attorney or other designated representative and to the employer or the employer's attorney or designated representative. The determination of the dispute made by the board shall be final and binding upon both parties.
[ 2010 c 8 s 12067; 1972 ex.s. c 156 s 10. ]
In making its determination, the board of arbitrators shall be mindful of the legislative purpose enumerated in RCW 49.66.010 and as additional standards or guidelines to aid it in reaching a decision, it shall take into consideration the following factors:
(1) Wage rates or other conditions of employment of the health care activity in question as compared with prevailing wage rates or other conditions of employment in the local operating area involved.
(2) Wage rates or other working conditions as compared with wage rates or other working conditions maintained for the same or similar work of workers in the local area.
(3) The overall compensation of employees having regard not only to wages for time actually worked but also for time not actually worked, including vacations, holidays and other excused time and for all fringe benefits received.
(4) Interest and welfare of the public.
(5) Comparison of peculiarities of employment in regard to other comparable trades or professions, specifically:
(a) Physical qualifications.
(b) Educational qualifications.
(c) Job training and skills.
(6) Efficiency of operation of the health care activity.
[ 1972 ex.s. c 156 s 11. ]
The arbitrator so selected by the parties shall be paid at the daily rate or rates not to exceed the usual or customary rates paid to arbitrators in addition to travel expenses at the rates provided in RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. Such sums together with all expenses of the hearing shall be borne equally by the parties to the arbitration proceedings.
[ 1975-'76 2nd ex.s. c 34 s 147; 1973 2nd ex.s. c 3 s 8; 1972 ex.s. c 156 s 12. ]
NOTES:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
If any portion of this chapter, or its application to any particular health care activity or class of health care activity, should be held invalid, the remainder of the chapter, or its application to other health care activities, or other classes thereof, shall not be affected.
[ 1972 ex.s. c 156 s 13. ]
The legislature finds and declares that the proliferation of hazardous substances in the environment poses a growing threat to the public health, safety, and welfare; that the constantly increasing number and variety of hazardous substances, and the many routes of exposure to them make it difficult and expensive to monitor adequately and detect any adverse health effects attributable thereto; that individuals themselves are often able to detect and thus minimize effects of exposure to hazardous substances if they are aware of the identity of the substances and the early symptoms of unsafe exposure; and that individuals have an inherent right to know the full range of the risks they face so that they can make reasoned decisions and take informed action concerning their employment and their living conditions.
The legislature further declares that local health, fire, police, safety, and other government officials require detailed information about the identity, characteristics, and quantities of hazardous substances used and stored in communities within their jurisdictions, in order to plan adequately for, and respond to, emergencies, enforce compliance with applicable laws and regulations concerning these substances, and to compile records of exposures to hazardous substances over a period of time that will facilitate the diagnosis, treatment, and prevention of disease.
The legislature further declares that the extent of the toxic contamination of the air, water, and land in this state has caused a high degree of concern among its residents and that much of this concern is needlessly aggravated by the unfamiliarity of these substances to residents.
The legislature therefore determines that while these substances have contributed to the high quality of life we enjoy in our state, it is in the public interest to establish a comprehensive program for the disclosure of information about hazardous substances in the workplace and the community, and to provide a procedure whereby residents of this state may gain access to this information.
[ 1984 c 289 s 2. ]
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) "Employee" means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is personal labor for an employer under this chapter whether by way of manual labor or otherwise. However, for the purposes of this chapter, employee shall not mean immediate family members of the officers of any corporation, partnership, sole proprietorship or other business entity or officers of any closely held corporation engaged in agricultural production of crops or livestock.
(3) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any business, industry, profession, or activity in this state and employs one or more employees or who contract with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations.
[ 1985 c 409 s 1. ]
An employee or employee representative may request, in writing, from the employer, a copy of a workplace survey or a material safety data sheet, filed pursuant to this chapter for the employee's work area. The employer shall supply this material within three working days of the request. This section shall not apply to employees of vessels while the employees are on the water.
[ 1989 c 11 s 22; 1984 c 289 s 15. ]
NOTES:
Severability—1989 c 11: See note following RCW 9A.56.220.
(1) The department shall prepare and make available to employers or the public, upon request, a translation in any of the five most common foreign languages used in the workplace, of a written hazard communication program, a material safety data sheet, or written materials prepared by the department to inform employees of their rights relating to hazard communication standards under this chapter and chapter 49.17 RCW.
(2) An employer employing employees who have trouble communicating in English shall make reasonable efforts to post any notices in the employees' native languages as provided by the department.
[ 1985 c 409 s 2. ]
No employer may discharge, cause to be discharged, or otherwise discipline, penalize, or discriminate against any employee because the employee or the employee's representative has exercised any right established in this chapter. The discrimination provisions of chapter 49.17 RCW apply to this chapter.
[ 1984 c 289 s 16. ]
(1) An employer shall provide employees engaged in agricultural production of crops or livestock or agricultural services with information and training on hazardous chemicals in their workplace at the time of their initial assignment, and whenever a new hazard is introduced into their work area, such instruction shall be tailored to the types of hazards to which the employees will be exposed. Seasonal and temporary employees who are not exposed to hazardous chemicals in their work area need not be trained.
(2) Employers shall maintain any material safety data sheets that are received with incoming shipments of hazardous chemicals, and ensure that they are accessible to agricultural employees upon request.
(3) Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced.
[ 1985 c 409 s 3. ]
(1) An employer who applies pesticides in connection with the production of an agricultural crop, or who causes pesticides to be applied in connection with such production, shall keep records for each application, which shall include the following information:
(a) The location of the land where the pesticide was applied or site where the pesticide was stored;
(b) The year, month, day, and time the pesticide was applied;
(c) The product name used on the registered label and the United States environmental protection agency registration number, if applicable, of the pesticide that was applied or stored;
(d) The crop or site to which the pesticide was applied;
(e) The amount of pesticide applied per acre, or other appropriate measure;
(f) The concentration of pesticide that was applied;
(g) The number of acres, or other appropriate measure, to which pesticide was applied;
(h) If applicable, the licensed applicator's name, address, and telephone number and the name of the individual or individuals making the application;
(i) The direction and estimated velocity of the wind at the time the pesticide was applied: PROVIDED, That this subsection (i) shall not apply to applications of baits in bait stations and pesticide applications within structures; and
(j) Any other reasonable information required by the director.
(2) The records shall be updated on the same day that a pesticide is applied. If the employer has been provided a copy of a pesticide application record under RCW 17.21.100(2)(b), the copy may be used as the record of the pesticide application required under this section. The employer shall maintain and preserve the pesticide application records for no less than seven years from the date of the application of the pesticide to which the records refer.
(3) The pesticide application records shall be readily accessible to the employer's employees and their designated representatives in a central location in the workplace beginning on the day the application is made and for at least thirty days following the application. The employee or representative shall be entitled to view the pesticide application records and make his or her own record from the information contained in the application records. New or newly assigned employees shall be made aware of the accessibility of the application records before working with pesticides or in a work area containing pesticides.
(4)(a) An employer subject to this section who stores pesticides shall at least once in each calendar year perform an inventory of the pesticides stored in any work area. The pesticide inventory records shall include the following information:
(i) The location of the site where the pesticide is stored;
(ii) The year, month, day, and time the pesticide was first stored;
(iii) The product name used on the registered label and the United States environmental protection agency registration number, if applicable, of the pesticide that is stored; and
(iv) The amount of pesticide in storage at the time of the inventory.
The inventory records shall be maintained and preserved for no less than seven years.
(b) In addition to performing the annual pesticide inventory required under this subsection, an employer shall maintain a record of pesticide purchases made between the annual inventory dates. In lieu of this purchase record, an employer may obtain from distributors from whom pesticides are purchased a statement obligating the distributor to maintain the purchase records on behalf of the employer and in satisfaction of the employer's obligations under this subsection. The director may require the submission of all purchase records from employers or distributors, covering the purchases during a specified period of time or in a specified geographical area.
(5) If activities for which the records are maintained cease, the records shall be filed with the department. If an employer subject to this section is succeeded or replaced in that function by another person, the person who succeeds or replaces the employer shall retain the records as required by this section but is not liable for violations committed by the former employer under this chapter or rules adopted under this chapter, including violations relating to the retention and preservation of records.
(6)(a) The records required under this section shall be readily accessible to the department for inspection. Copies of the records shall be provided, on request, to: An employee or the employee's designated representative in the case of an industrial insurance claim filed under Title 51 RCW with the department of labor and industries, treating health care personnel, the *pesticide incident reporting and tracking review panel, or department representative. The designated representative or treating health care personnel are not required to identify the employee represented or treated. The department shall keep the name of any affected employee confidential in accordance with RCW 49.17.080(1). When a request for records is made under this subsection by treating health care personnel and the record is required for determining treatment, copies of the record shall be provided immediately. For all other requests, copies of the records shall be provided within seventy-two hours.
(b) Copies of records provided to any person or entity under this subsection (6) shall, if so requested, be provided or made available on a form adopted under subsection (10) of this section. Information for treating health care personnel shall be made immediately available by telephone, if requested, with a copy of the records provided within twenty-four hours.
(c) If an employer has reason to suspect that an employee is ill or injured because of an exposure to one or more pesticides, the employer shall immediately provide the employee a copy of the relevant pesticide application records.
(7) If a request for a copy of a record is made under this section and the employer refuses to provide a copy, the requester may notify the department of the request and the employer's refusal. Within seven working days, the department shall request that the employer provide the department with all pertinent copies of the records, except that in a medical emergency the request shall be made within two working days. The employer shall provide copies of the records to the department within twenty-four hours after the department's request.
(8) The department shall include inspection of the records required under this section as part of any on-site inspection of a workplace conducted under this chapter or chapter 49.17 RCW. The inspection shall determine whether the records are readily transferable to a form adopted by the department, and readily accessible to employees. However, no employer subject to a department inspection may be inspected under this subsection (8) more than once in any calendar year, unless a previous inspection has found recordkeeping violations. If recordkeeping violations are found, the department may conduct reasonable multiple inspections, pursuant to rules adopted by the department. Nothing in this subsection (8) limits the department's inspection of records pertaining to pesticide-related injuries, illnesses, fatalities, accidents, or complaints.
(9) If an employer has failed to maintain and preserve the records or provide access to or copies of the records as required under this section, the employer shall be subject to penalties authorized under RCW 49.17.180.
(10) The department of labor and industries and the department of agriculture shall jointly adopt, by rule, forms that satisfy the information requirements of this section and RCW 17.21.100.
[ 1992 c 173 s 3; 1989 c 380 s 77. ]
NOTES:
*Reviser's note: The "pesticide incident reporting and tracking review panel" was eliminated pursuant to 2010 1st sp.s. c 7 s 132.
Effective dates—1992 c 173: See note following RCW 17.21.100.
The department shall produce educational brochures and public service announcements detailing information available to citizens under this chapter. These educational materials shall be sent to each county health department. As necessary, the department shall provide information needed to update these educational materials.
[ 1984 c 289 s 20. ]
A person may bring a civil action on his or her own behalf against a manufacturer, supplier, employer, or user to compel compliance with the provisions of this chapter or any rule promulgated under this chapter subject to the provisions of Title 51 RCW. The superior court shall have jurisdiction over these actions. The court may award costs of litigation to the prevailing party, including reasonable attorney and expert witness fees.
[ 1984 c 289 s 21. ]
The department may request from an employer submitting surveys to it further information concerning the surveys, and the employer shall provide the additional information upon the request. The employer may require the department to provide reasons why further information is needed and to sign an agreement protecting the confidentiality of any additional information provided under this section.
[ 1984 c 289 s 23. ]
(1) The department shall adopt rules in accordance with chapter 34.05 RCW establishing criteria for evaluating the validity of trade secret claims and procedures for issuing a trade secret exemption. Manufacturers or importers that make a trade secret claim to the department must notify direct purchasers if a trade secret claim has been made on a product being offered for sale.
(2) If a trade secret claim exists, a manufacturer, importer, or employer may require a written statement of need or confidentiality agreement before the specific chemical identity of a hazardous substance is released. However, if a treating physician or nurse determines that a medical emergency exists and the specific chemical identity of a hazardous substance is necessary for emergency or first aid treatment, the manufacturer, importer, or employer shall immediately disclose the specific chemical identity to that treating physician or nurse, regardless of the existence of a written statement of need or a confidentiality agreement. The chemical manufacturer, importer, or employer may require a written statement of need and confidentiality agreement, as defined by rule, as soon as circumstances permit.
(3) Any challenge to the denial of a trade secret claim shall be heard by an administrative law judge in accordance with chapter 34.05 RCW.
[ 1985 c 409 s 4. ]
(1) The worker and community right to know fund is hereby established in the custody of the state treasurer. The department shall deposit all moneys received under this chapter in the fund. Moneys in the fund may be spent only for the purposes of this chapter following legislative appropriation. Disbursements from the fund shall be on authorization of the director or the director's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW.
(2) The department shall assess each employer who reported ten thousand four hundred or more worker hours in the prior calendar year an annual fee to provide for the implementation of this chapter. The department shall adopt rules establishing a fee schedule for all employers who reported ten thousand four hundred or more worker hours in the prior calendar year and are engaged in business operations in the following industries, as classified by the current industry classification system used by the bureau of labor statistics: Agriculture and forestry industries; mining, quarrying, and oil and gas extraction; construction industries; manufacturing industries; transportation, pipeline, communications, electric, gas, and sanitary services; automotive repair, services, and garages; miscellaneous repair services; health services; and educational services. The department shall establish the annual fee for each employer who reported ten thousand four hundred or more worker hours in the prior calendar year in industries identified by this section, provided that fees assessed shall not be more than two dollars and fifty cents per full time equivalent employee. The annual fee shall not exceed fifty thousand dollars. The fees shall be collected solely from employers whose industries have been identified by rule under this chapter. The department shall adopt rules allowing employers who do not have hazardous substances at their workplace to request an exemption from the assessment and shall establish penalties for fraudulent exemption requests. All fees collected by the department pursuant to this section shall be collected in a cost-efficient manner and shall be deposited in the fund.
(3) Records required by this chapter shall at all times be open to the inspection of the director, or his or her designee including, the traveling auditors, agents, or assistants of the department provided for in RCW 51.16.070 and 51.48.040. The information obtained from employer records under the provisions of this section shall be subject to the same confidentiality requirements as set forth in RCW 51.16.070.
(4) An employer may appeal the assessment of the fee or penalties pursuant to the procedures set forth in Title 51 RCW and accompanying rules except that the employer shall not have the right of appeal to superior court as provided in Title 51 RCW. The employer from whom the fee or penalty is demanded or enforced, may however, within thirty days of the board of industrial insurance appeal's final order, pay the fee or penalty under written protest setting forth all the grounds upon which such fee or penalty is claimed to be unlawful, excessive, or otherwise improper and thereafter bring an action in superior court against the department to recover such fee or penalty or any portion of the fee or penalty which was paid under protest.
(5) Repayment shall be made to the general fund of any moneys appropriated by law in order to implement this chapter.
[ 2016 c 168 s 1; 2010 c 8 s 12068; 2004 c 276 s 911; 2001 2nd sp.s. c 7 s 913; 1999 c 309 s 917; 1986 c 310 s 1; 1984 c 289 s 24. ]
NOTES:
Severability—Effective date—2004 c 276: See notes following RCW 43.330.167.
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Severability—Effective date—1999 c 309: See notes following RCW 41.06.152.
Funds in the worker and community right to know fund established under RCW 49.70.170 may be spent by the department of ecology to implement RCW 70A.415.020 (1) through (3) following legislative appropriation. Disbursements from the fund shall be on authorization of the director of the department of ecology.
[ 2021 c 65 s 57; 1985 c 410 s 5. ]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
If payment of any fee assessed under RCW 49.70.170 is not received by the department by the due date, there shall be assessed a penalty of five percent of the amount of the fee. If the fee is not received within thirty days after the due date, there shall be assessed a total penalty of ten percent of the amount of the fee. If the fee is not received within sixty days after the due date, there shall be assessed a total penalty of twenty percent of the amount of the fee. No penalty added may be less than ten dollars. If a warrant is issued by the department for the collection of fees, penalties, and interest, there shall be an additional penalty of five percent of the amount of the fee, but not less than five dollars nor more than one hundred dollars. Warrants shall earn interest at the rate of one percent per month, or fraction thereof, from and after the date of entry of the warrant. The department may utilize the procedures for collection of fees, penalties, and interest set forth in Title 51 RCW.
[ 1986 c 310 s 2. ]
Unless reference is specifically made to another chapter, this chapter shall be implemented and enforced including penalties, violations, citations, and other administrative procedures pursuant to chapter 49.17 RCW.
[ 1984 c 289 s 25. ]
If a manufacturer, supplier, employer, or user refuses or fails to provide the department with any data sheets, workplace surveys, or other papers, documents, or information required by this chapter, the department may give written notice to the manufacturer, supplier, employer, or user demanding immediate compliance. If the manufacturer, supplier, employer, or user fails to begin to comply with the terms of the notice within fourteen days of receipt, the department may levy a fine of up to fifty dollars per affected employee per day, not to exceed five thousand dollars per day from the final date for compliance allowed by this section or by the department. In any case where the noncompliance continues for more than fifteen days or where the department determines the failure to comply creates a potential health or safety hazard to employees or hinders the department's performance of its duties under this chapter, the department may, in lieu of levying a fine or further fines, petition the superior court of Thurston county or the county where the manufacturer, supplier, employer, or user is located for an order enjoining the manufacturer, employer, supplier, or user from further noncompliance and granting any other remedies that may be appropriate. The court may award the department costs of litigation, including attorney's fees, if the department is the prevailing party.
[ 1984 c 289 s 26. ]
Except as otherwise provided in this chapter, the department, after consultation with the department of agriculture, shall adopt any rules necessary to carry out its responsibilities under this chapter.
[ 1984 c 289 s 27. ]
(1) It is the intent of the legislature that this chapter shall not apply to products that are generally made available to the noncommercial consumer: PROVIDED, That such "consumer" products used by employees in the workplace are used in substantially the same manner, form, and concentration as they are used by noncommercial consumers, and that the product exposure is not substantially greater to the employee than to the noncommercial consumer during normal and accepted use of that product.
(2) The department shall adopt rules in accordance with chapter 34.05 RCW to implement this section. This section shall not affect the department's authority to implement and enforce the Washington industrial safety and health act, chapter 49.17 RCW, at least as effectively as the federal occupational safety and health act.
[ 1987 c 365 s 1. ]
This chapter shall be known and may be cited as the "worker and community right to know act."
[ 1984 c 289 s 1. ]
Discrimination because of race, creed, color, national origin, age, sex, marital status, or the presence of any disability is contrary to the findings of the legislature and public policy. The legislature finds and declares that racial minorities, women, persons in protected age groups, persons with disabilities, Vietnam-era veterans, and veterans with disabilities are underrepresented in Washington state government employment.
The purpose of this chapter is to provide for enforcement measures for affirmative action within Washington state government employment and institutions of higher education in order to eliminate such underrepresentation.
[ 2020 c 274 s 41; 1985 c 365 s 7. ]
As used in this chapter, "commission" means the Washington state human rights commission.
[ 1985 c 365 s 8. ]
If the commission reasonably believes that a state agency, an institution of higher education, or the state patrol has failed to comply with an affirmative action rule adopted under RCW 41.06.150 or 43.43.340, the commission shall notify the director of the state agency, president of the institution of higher education, or chief of the Washington state patrol of the noncompliance, as well as the director of financial management. The commission shall give the director of the state agency, president of the institution of higher education, or chief of the Washington state patrol an opportunity to be heard on the failure to comply.
[ 2015 3rd sp.s. c 1 s 324; 2011 1st sp.s. c 43 s 463; 1993 c 281 s 57; 1985 c 365 s 9. ]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—1993 c 281: See note following RCW 41.06.022.
The commission in conjunction with the department of enterprise services, the office of financial management, or the state patrol, whichever is appropriate, shall attempt to resolve the noncompliance through conciliation. If an agreement is reached for the elimination of noncompliance, the agreement shall be reduced to writing and an order shall be issued by the commission setting forth the terms of the agreement. The noncomplying state agency, institution of higher education, or state patrol shall make a good faith effort to conciliate and make a full commitment to correct the noncompliance with any action that may be necessary to achieve compliance, provided such action is not inconsistent with the rules adopted under RCW 41.06.150(5) and 43.43.340(5), whichever is appropriate.
[ 2011 1st sp.s. c 43 s 464; 2002 c 354 s 246; 2002 c 354 s 245; 1993 c 281 s 58; 1985 c 365 s 10. ]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Short title—Headings, captions not law—Severability—Effective dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
If no agreement can be reached under RCW 49.74.030, the commission may refer the matter to the administrative law judge for hearing pursuant to RCW 49.60.250. If the administrative law judge finds that the state agency, institution of higher education, or state patrol has not made a good faith effort to correct the noncompliance, the administrative law judge shall order the state agency, institution of higher education, or state patrol to comply with this chapter. The administrative law judge may order any action that may be necessary to achieve compliance, provided such action is not inconsistent with the rules adopted under RCW 41.06.150(6) and 43.43.340(5), whichever is appropriate.
An order by the administrative law judge may be appealed to superior court.
[ 2015 c 225 s 102. ]
If the superior court finds that the state agency, institution of higher education, or state patrol has not made a good faith effort to correct the noncompliance, the court, in addition to any other penalties and sanctions prescribed by law, shall order the state agency, institution of higher education, or state patrol to comply with this chapter. The court may require any action deemed appropriate by the court which is consistent with the intent of this chapter.
[ 1985 c 365 s 12. ]
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 132. ]
(1) It is in the public interest to reduce domestic violence, sexual assault, stalking, and hate crime by enabling victims to maintain the financial independence necessary to leave abusive situations, achieve safety, and minimize physical and emotional injuries, and to reduce the devastating economic consequences of domestic violence, sexual assault, stalking, and hate crime to employers and employees. Victims of domestic violence, sexual assault, stalking, or hate crime should be able to recover from and cope with the effects of such violence and participate in criminal and civil justice processes without fear of adverse economic consequences. Victims of domestic violence, sexual assault, stalking, or hate crime should also be able to seek and maintain employment without fear that they will face discrimination.
(2) One of the best predictors of whether a victim of domestic violence, sexual assault, stalking, or hate crime will be able to stay away from an abuser is the victim's degree of economic independence. However, domestic violence, sexual assault, stalking, and hate crime often negatively impact victims' ability to maintain employment.
(3) An employee who is a victim of domestic violence, sexual assault, stalking, or hate crime, or an employee whose family member is a victim, must often take leave from work due to injuries, court proceedings, or safety concerns requiring legal protection.
(4) Thus, it is in the public interest to provide reasonable leave from employment for employees who are victims of domestic violence, sexual assault, stalking, or hate crime, or for employees whose family members are victims, to participate in legal proceedings, receive medical treatment, or obtain other necessary services.
(5) It is also in the public interest to ensure that victims of domestic violence, sexual assault, stalking, or hate crime are able to seek and maintain employment without fear of discrimination and to have reasonable safety accommodations in the workplace.
[ 2025 c 375 s 1; 2018 c 47 s 1; 2008 c 286 s 1. ]
NOTES:
Effective date—2025 c 375: See note following RCW 49.76.030.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Child," "spouse," "parent," "parent-in-law," "grandparent," and "sick leave and other paid time off" have the same meanings as in RCW 49.12.265.
(2) "Dating relationship" has the same meaning as in RCW 7.105.010.
(3) "Department," "director," "employer," and "employee" have the same meanings as in RCW 49.12.005.
(4) "Domestic violence" has the same meaning as in RCW 7.105.010.
(5) "Family member" means any individual whose relationship to the employee can be classified as a child, spouse, parent, parent-in-law, grandparent, or person with whom the employee has a dating relationship.
(6) "Hate crime" means the commission, attempted commission, or alleged commission of an offense described in RCW 9A.36.080. "Hate crime" includes, but is not limited to, offenses that are committed through online or internet-based communication.
(7) "Intermittent leave" is leave taken in separate blocks of time due to a single qualifying reason.
(8) "Reduced leave schedule" means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.
(9) "Sexual assault" has the same meaning as in RCW 70.125.030.
(10) "Stalking" has the same meaning as in RCW 9A.46.110.
[ 2025 c 375 s 2; 2021 c 215 s 152; 2017 3rd sp.s. c 5 s 90; 2008 c 286 s 2. ]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2025 c 375: See note following RCW 49.76.030.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2017 3rd sp.s. c 5 ss 90-98: See note following RCW 49.77.040.
An employee may take reasonable leave from work, intermittent leave, or leave on a reduced leave schedule, with or without pay, to:
(1) Seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or employee's family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault, stalking, or hate crime;
(2) Seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, stalking, or hate crime, or to attend to health care treatment for a victim who is the employee's family member;
(3) Obtain, or assist a family member in obtaining, services from a domestic violence shelter, rape crisis center, or other social services program for relief from domestic violence, sexual assault, stalking, or hate crime;
(4) Obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault, stalking, or hate crime, in which the employee or the employee's family member was a victim of domestic violence, sexual assault, stalking, or hate crime; or
(5) Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee's family members from future domestic violence, sexual assault, stalking, or hate crime.
[ 2025 c 375 s 3; 2008 c 286 s 3. ]
NOTES:
Effective date—2025 c 375: "This act takes effect January 1, 2026." [ 2025 c 375 s 8.]
(1) As a condition of taking leave for any purpose described in RCW 49.76.030, an employee shall give an employer advance notice of the employee's intention to take leave. The timing of the notice shall be consistent with the employer's stated policy for requesting such leave, if the employer has such a policy. When advance notice cannot be given because of an emergency or unforeseen circumstances due to domestic violence, sexual assault, stalking, or hate crime, the employee or the employee's designee must give notice to the employer no later than the end of the first day that the employee takes such leave.
(2) When an employee requests leave under RCW 49.76.030 or requests a reasonable safety accommodation under RCW 49.76.115 the employer may require that the request be supported by verification that:
(a) The employee or employee's family member is a victim of domestic violence, sexual assault, stalking, or hate crime; and
(b) The leave taken was for one of the purposes described in RCW 49.76.030 or that the safety accommodation requested under RCW 49.76.115 is for the purpose of protecting the employee from domestic violence, sexual assault, stalking, or hate crime.
(3) If an employer requires verification, verification must be provided in a timely manner. In the event that advance notice of the leave cannot be given because of an emergency or unforeseen circumstances due to domestic violence, sexual assault, stalking, or hate crime, and the employer requires verification, verification must be provided to the employer within a reasonable time period during or after the leave.
(4) An employee may satisfy the verification requirement of this section by providing the employer with one or more of the following:
(a) A police report indicating that the employee or employee's family member was a victim of domestic violence, sexual assault, stalking, or hate crime;
(b) A court order protecting or separating the employee or employee's family member from the perpetrator of the act of domestic violence, sexual assault, stalking, or hate crime, or other evidence from the court or the prosecuting attorney that the employee or employee's family member appeared, or is scheduled to appear, in court in connection with a case involving domestic violence, sexual assault, stalking, or hate crime;
(c) Documentation that the employee or the employee's family member is a victim of domestic violence, sexual assault, stalking, or hate crime, from any of the following persons from whom the employee or employee's family member sought assistance in addressing the domestic violence, sexual assault, stalking, or hate crime: An advocate for victims of domestic violence, sexual assault, stalking, or hate crimes; an attorney; a member of the clergy; or a medical or other professional. The provision of documentation under this section does not waive or diminish the confidential or privileged nature of communications between a victim of domestic violence, sexual assault, stalking, or hate crime with one or more of the individuals named in this subsection (4)(c) pursuant to RCW 5.60.060, 70.123.075, 70.123.076, or 70.125.065; or
(d) An employee's written statement that the employee or the employee's family member is a victim of domestic violence, sexual assault, stalking, or hate crime and that the leave taken was for one of the purposes described in RCW 49.76.030 or the safety accommodation requested pursuant to RCW 49.76.115 is to protect the employee from domestic violence, sexual assault, stalking, or hate crime.
(5) If the victim of domestic violence, sexual assault, stalking, or hate crime is the employee's family member, verification of the familial relationship between the employee and the victim may include, but is not limited to, a statement from the employee, a birth certificate, a court document, or other similar documentation.
(6) An employee who is absent from work pursuant to RCW 49.76.030 may elect to use the employee's sick leave and other paid time off, compensatory time, or unpaid leave time.
(7) An employee is required to provide only the information enumerated in subsection (2) of this section to establish that the employee's leave is protected under this chapter or to establish that the employee's request for a safety accommodation is protected under this chapter. An employee is not required to produce or discuss any information with the employer that is beyond the scope of subsection (2) of this section, or that would compromise the employee's safety or the safety of the employee's family member in any way, and an employer is prohibited from requiring any such disclosure.
(8)(a) Except as provided in (b) of this subsection, an employer shall maintain the confidentiality of all information provided by the employee under this section, including the fact that the employee or employee's family member is a victim of domestic violence, sexual assault, stalking, or hate crime, that the employee has requested or obtained leave under this chapter, and any written or oral statement, documentation, record, or corroborating evidence provided by the employee.
(b) Information given by an employee may be disclosed by an employer only if:
(i) Requested or consented to by the employee;
(ii) Ordered by a court or administrative agency; or
(iii) Otherwise required by applicable federal or state law.
[ 2025 c 375 s 4; 2018 c 47 s 3; 2008 c 286 s 4. ]
NOTES:
Effective date—2025 c 375: See note following RCW 49.76.030.
(1) The taking of leave under RCW 49.76.030 may not result in the loss of any pay or benefits to the employee that accrued before the date on which the leave commenced.
(2) Upon an employee's return, an employer shall either:
(a) Restore the employee to the position of employment held by the employee when the leave commenced; or
(b) Restore the employee to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
(3)(a) This section does not apply if the employment from which the individual takes leave is with a staffing company and the individual is assigned on a temporary basis to perform work at or services for another organization to support or supplement the other organization's workforces, or to provide assistance in special work situations such as, but not limited to, employee absences, skill shortages, seasonal workloads, or to perform special assignments or projects, all under the direction and supervision of the organization to which the individual is assigned.
(b) This section does not apply if an employee was hired for a specific term or only to perform work on a discrete project, the employment term or project is over, and the employer would not otherwise have continued to employ the employee.
(4) To the extent allowed by law, an employer shall maintain coverage under any health insurance plan for an employee who takes leave under RCW 49.76.030. The coverage must be maintained for the duration of the leave at the level and under the conditions coverage would have been provided if the employee had not taken the leave.
[ 2008 c 286 s 5. ]
(1) The rights provided in this chapter are in addition to any other rights provided by state and federal law.
(2) Nothing in this chapter shall be construed to discourage employers from adopting policies that provide greater leave rights or greater safety accommodations to employees who are victims of domestic violence, sexual assault, stalking, or hate crime than those required by this chapter.
(3) Nothing in this chapter shall be construed to diminish an employer's obligation to comply with any collective bargaining agreement, or any employment benefit program or plan, that provides greater leave rights or greater safety accommodations to employees than the rights provided by this chapter.
[ 2025 c 375 s 5; 2018 c 47 s 4; 2008 c 286 s 6. ]
NOTES:
Effective date—2025 c 375: See note following RCW 49.76.030.
Upon complaint by an employee, the director shall investigate to determine if there has been compliance with this chapter and the rules adopted under this chapter. If the investigation indicates that a violation has occurred, the director shall issue a notice of infraction. Appeal from the director's decision is governed by chapter 34.05 RCW.
[ 2008 c 286 s 7. ]
(1) If an employer is found to have committed an infraction under RCW 49.76.070, the director may impose upon the employer a fine of up to five hundred dollars for the first infraction and a fine of up to one thousand dollars for each subsequent infraction committed within three years of a previous infraction.
(2) The director may also order an employer found to have committed an infraction under RCW 49.76.070 to comply with RCW 49.76.050(2).
[ 2008 c 286 s 9. ]
(1) Except as provided in subsection (2) of this section, information contained in the department's complaint files and records of employees under this chapter is confidential and shall not be open to public inspection.
(2) Except as limited by state or federal statute or regulations:
(a) The information in subsection (1) of this section may be provided to public employees in the performance of their official duties; and
(b) A complainant or a representative of a complainant, be it an individual or an organization, may review a complaint file or receive specific information therefrom upon the presentation of the signed authorization of the complainant.
[ 2008 c 286 s 10. ]
(1) Any employee or applicant for employment deeming herself or himself injured by any act in violation of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys' fees.
(2) The remedy provided by this section is in addition to any common law remedy or other remedy that may be available to an employee.
(3) An employee is not required to exhaust administrative remedies before filing a civil action to enforce this chapter.
[ 2018 c 47 s 5; 2008 c 286 s 12. ]
Any finding, determination, conclusion, declaration, or notice of infraction made for the purposes of enforcing this chapter by the director or by an appeal tribunal, administrative law judge, or reviewing officer is neither conclusive nor binding in any civil action filed pursuant to RCW 49.76.100 or in any other common law or civil action, regardless of whether the prior action was between the same or related parties or involved the same facts.
[ 2008 c 286 s 8. ]
An employer may not:
(1) Refuse to hire an otherwise qualified individual because the individual is an actual or perceived victim of domestic violence, sexual assault, stalking, or hate crime;
(2) Discharge, threaten to discharge, demote, suspend or in any manner discriminate or retaliate against an individual with regard to promotion, compensation, or other terms, conditions, or privileges of employment because the individual is an actual or perceived victim of domestic violence, sexual assault, stalking, or hate crime;
(3) Refuse to make a reasonable safety accommodation requested by an individual who is a victim of domestic violence, sexual assault, stalking, or hate crime, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer. For the purposes of this section, an "undue hardship" means an action requiring significant difficulty or expense. A reasonable safety accommodation may include, but is not limited to, a transfer, reassignment, modified schedule, changed work telephone number, changed work email address, changed workstation, installed lock, implemented safety procedure, or any other adjustment to a job structure, workplace facility, or work requirement in response to actual or threatened domestic violence, sexual assault, stalking, or hate crime.
[ 2025 c 375 s 6; 2018 c 47 s 2. ]
NOTES:
Effective date—2025 c 375: See note following RCW 49.76.030.
No employer may discharge, threaten to discharge, demote, deny a promotion to, sanction, discipline, retaliate against, harass, or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee:
(1) Exercised rights under RCW 49.76.030 or 49.76.115;
(2) Filed or communicated to the employer an intent to file a complaint under RCW 49.76.070 or 49.76.100; or
(3) Participated or assisted, as a witness or otherwise, in another employee's attempt to exercise rights under RCW 49.76.030, 49.76.115, 49.76.070, or 49.76.100.
[ 2018 c 47 s 6; 2008 c 286 s 11. ]
The department shall include notice of the provisions of this chapter in the next reprinting of employment posters. Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the director, setting forth excerpts from, or summaries of, the pertinent provisions of this chapter and information pertaining to the filing of a charge. Any employer that willfully violates this section may be subject to a civil penalty of not more than one hundred dollars for each separate offense. Any penalties collected by the department under this section shall be deposited into the family and medical leave enforcement account.
[ 2017 3rd sp.s. c 5 s 91; 2008 c 286 s 13. ]
NOTES:
Effective date—2017 3rd sp.s. c 5 ss 90-98: See note following RCW 49.77.040.
Prosecuting attorney and victim/witness offices are encouraged to make information regarding this chapter available for distribution at their offices.
[ 2008 c 286 s 14. ]
The director shall adopt rules as necessary to implement this chapter.
[ 2008 c 286 s 15. ]
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 2008].
[ 2008 c 286 s 18. ]
In order to support the families of military personnel serving in military conflicts, and to assure that these families are able to spend time together after being notified of an impending call or order to active duty and before deployment and during a military member's leave from deployment, the legislature hereby creates the military family leave act.
[ 2008 c 71 s 1. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of labor and industries.
(2) "Employee" means a person who performs service for hire for an employer, for an average of twenty or more hours per week, and includes all individuals employed at any site owned or operated by an employer, but does not include an independent contractor.
(3) "Employer" means: (a) Any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state; (b) the state, state institutions, and state agencies; and (c) any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision.
(4) "Period of military conflict" means a period of war declared by the United States Congress, declared by executive order of the president, or in which a member of a reserve component of the armed forces is ordered to active duty pursuant to either sections 12301 and 12302 of Title 10 of the United States Code or Title 32 of the United States Code.
(5) "Spouse" means a husband or wife, as the case may be, or state registered domestic partner.
[ 2017 3rd sp.s. c 5 s 92; 2008 c 71 s 2. ]
NOTES:
Effective date—2017 3rd sp.s. c 5 ss 90-98: See note following RCW 49.77.040.
(1) During a period of military conflict, an employee who is the spouse of a member of the armed forces of the United States, national guard, or reserves who has been notified of an impending call or order to active duty or has been deployed is entitled to a total of fifteen days of unpaid leave per deployment after the military spouse has been notified of an impending call or order to active duty and before deployment or when the military spouse is on leave from deployment.
(2)(a) Except as provided in (b) of this subsection, any employee who takes leave under this chapter for the intended purpose of the leave is entitled, on return from the leave:
(i) To be restored by the employer to the position of employment held by the employee when the leave commenced; or
(ii) To be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment at a workplace within twenty miles of the employee's workplace when leave commenced.
(b) The taking of leave under this chapter may not result in the loss of any employment benefits accrued before the date on which the leave commenced.
(c) Nothing in this section entitles any restored employee to:
(i) The accrual of any seniority or employment benefits during any period of leave; or
(ii) Any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.
(d) Nothing in this subsection (2) prohibits an employer from requiring an employee on leave to report periodically to the employer on the status and intention of the employee to return to work.
(3) An employer may deny restoration under subsection (2) of this section to any salaried employee who is among the highest paid ten percent of the employees employed by the employer within seventy-five miles of the facility at which the employee is employed if:
(a) Denial is necessary to prevent substantial and grievous economic injury to the operations of the employer;
(b) The employer notifies the employee of the intent of the employer to deny restoration on such basis at the time the employer determines that the injury would occur; and
(c) The leave has commenced and the employee elects not to return to employment after receiving the notice.
(4) If the employee on leave under this chapter is not eligible for any employer contribution to medical or dental benefits under an applicable collective bargaining agreement or employer policy during any period of leave, an employer shall allow the employee to continue, at the employee's expense, medical or dental insurance coverage, in accordance with state or federal law. The premium to be paid by the employee shall not exceed one hundred two percent of the applicable premium for the leave period.
(5) An employee who seeks to take leave under this chapter must provide the employer with notice, within five business days of receiving official notice of an impending call or order to active duty or of a leave from deployment, of the employee's intention to take leave under this chapter.
(6) An employee who takes leave under this chapter may elect to substitute any of the accrued leave to which the employee may be entitled for any part of the leave provided under this chapter.
(7) The department shall administer the provisions of this chapter, and may adopt rules as necessary to implement this chapter.
[ 2017 3rd sp.s. c 5 s 93; 2008 c 71 s 3. ]
NOTES:
Effective date—2017 3rd sp.s. c 5 ss 90-98: See note following RCW 49.77.040.
(1) It is unlawful for any employer to:
(a) Interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this chapter; or
(b) Discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this chapter.
(2) It is unlawful for any person to discharge or in any other manner discriminate against any individual because the individual has:
(a) Filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this chapter;
(b) Given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this chapter; or
(c) Testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this chapter.
[ 2017 3rd sp.s. c 5 s 94. ]
NOTES:
Effective date—2017 3rd sp.s. c 5 ss 90-98: "Sections 90 through 98 of this act take effect December 31, 2019." [ 2017 3rd sp.s. c 5 s 103.]
Upon complaint by an employee, the director shall investigate to determine if there has been compliance with this chapter and the rules adopted under this chapter. If the investigation indicates that a violation may have occurred, a hearing must be held in accordance with chapter 34.05 RCW. The director must issue a written determination including his or her findings after the hearing. A judicial appeal from the director's determination may be taken in accordance with chapter 34.05 RCW, with the prevailing party entitled to recover reasonable costs and attorneys' fees.
[ 2017 3rd sp.s. c 5 s 95. ]
NOTES:
Effective date—2017 3rd sp.s. c 5 ss 90-98: See note following RCW 49.77.040.
An employer who is found, in accordance with RCW 49.77.050, to have violated a requirement of this chapter and the rules adopted under this chapter, is subject to a civil penalty of not less than one thousand dollars for each violation. Civil penalties must be collected by the department and deposited into the family and medical leave enforcement account.
[ 2017 3rd sp.s. c 5 s 96. ]
NOTES:
Effective date—2017 3rd sp.s. c 5 ss 90-98: See note following RCW 49.77.040.
(1) Any employer who violates RCW 49.77.040 is liable:
(a) For damages equal to:
(i) The amount of:
(A) Any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; or
(B) In a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to twelve weeks of wages or salary for the employee;
(ii) The interest on the amount described in (a)(i) of this subsection calculated at the prevailing rate; and
(iii) An additional amount as liquidated damages equal to the sum of the amount described in (a)(i) of this subsection and the interest described in (a)(ii) of this subsection, except that if an employer who has violated RCW 49.77.040 proves to the satisfaction of the court that the act or omission which violated RCW 49.77.040 was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of RCW 49.77.040, the court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under (a)(i) and (ii) of this subsection, respectively; and
(b) For such equitable relief as may be appropriate, including employment, reinstatement, and promotion.
(2) An action to recover the damages or equitable relief prescribed in subsection (1) of this section may be maintained against any employer in any court of competent jurisdiction by any one or more employees for and on behalf of:
(a) The employees; or
(b) The employees and other employees similarly situated.
(3) The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorneys' fees, reasonable expert witness fees, and other costs of the action to be paid by the defendant.
[ 2017 3rd sp.s. c 5 s 97. ]
NOTES:
Effective date—2017 3rd sp.s. c 5 ss 90-98: See note following RCW 49.77.040.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 133. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Applicable occupation" means the specific trade or occupation for the work performed under this chapter as defined by the scope of work description under chapter 39.12 RCW and associated rules, or defined by the standard occupational classification description.
(2) "Apprenticeable occupation" means an occupation for which an apprenticeship program has been approved by the Washington state apprenticeship and training council pursuant to chapter 49.04 RCW.
(3) "Department" means the department of labor and industries.
(4) "On-site work" does not include ship and rail car support activities; environmental inspection and testing; security guard services; work which is performed by an original equipment manufacturer for warranty, repair, or maintenance on the vendor's equipment if required by the original equipment manufacturer's warranty agreement between the original equipment manufacturer and the owner; industrial cleaning not related to construction; safety services requiring professional safety certification; nonconstruction catalyst loading, regeneration, and removal; chemical purging and cleaning; refinery by-product separation and recovery; inspection services not related to construction; and work performed that is not in an apprenticeable occupation.
(5) "Prevailing rate of wage" has the same meaning as provided in RCW 39.12.010.
(6) "Registered apprentice" means an apprentice who meets all the following criteria:
(a) Is registered in an apprenticeship program approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW;
(b) Has received written notification from the employer identifying his or her applicable occupation and wage rates prior to performing work, a copy of which must be maintained in the employee's personnel file by the employer; and
(c) Is only performing work within the applicable occupation of the apprenticeship program in which he or she is registered.
(7) "Skilled and trained workforce" means a workforce that meets both of the following criteria:
(a) All the workers are either registered apprentices or skilled journeypersons; and
(b) The workforce meets the apprenticeship graduation and approved advanced safety training requirements established in RCW 49.80.030.
(8) "Skilled journeyperson" means a worker who meets all of the following criteria:
(a) The worker either graduated from an apprenticeship program for the applicable occupation that was approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW, or has at least as many hours of on-the-job experience in the applicable occupation that would be required to graduate from an apprenticeship program approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW; and
(b) The worker's wage payment requirement is at least a rate commensurate with the wages typically paid for the occupation in the applicable geographic area, subject to the following provisions:
(i) The prevailing wage rate paid for a worker in the applicable occupation and geographic area on public works projects may be used to determine the appropriate rate of pay, however, this subsection (8)(b) does not require a contractor to pay prevailing wage rates; and
(ii) In no case may the worker be paid at a rate less than an hourly rate consistent with the seventy-fifth percentile in the applicable occupation and geographic area in the most recent occupational employment statistics published by the employment security department.
[ 2025 c 210 s 1; 2019 c 306 s 1. ]
NOTES:
Effective date—2025 c 210: See note following RCW 49.80.040.
(1) An owner or operator of a stationary source that is engaged in activities described in code 324110 or 325110 of the North American industry classification system, when contracting for the performance of construction, alteration, demolition, installation, repair, or maintenance work at the stationary source, shall require that its contractors and any subcontractors use a skilled and trained workforce to perform all on-site work within an apprenticeable occupation in the building and construction trades. This section shall not apply to oil and gas extraction operations.
(2)(a) The department in consultation with the Washington state apprenticeship and training council shall approve a curriculum of in-person classroom and laboratory instruction for approved advanced safety training for workers at high hazard facilities.
(b) The safety training must be provided by a training provider, which may include a registered apprenticeship program, approved by the department. The department must periodically review and revise the curriculum to reflect current best practices.
(c) Upon receipt of certification from the approved training provider, the department must issue a certificate to a worker who completes the approved curriculum.
(d) The department may accept a certificate or other documentation issued by another state if the department finds that the curriculum and documentation of the other state meets the requirements of this subsection.
(3) This section applies to work performed under contracts awarded, contract extensions, and contract renewals occurring on or after January 1, 2020. This section shall also apply to work performed under a contract awarded before January 1, 2020, if the work is performed more than one year after January 1, 2020.
(4) This section does not apply to:
(a) The employees of the owner or operator of the stationary source, nor does it prevent the owner or operator of the stationary source from using its own employees to perform any work that has not been assigned to contractors while the employees of the contractor are present and working;
(b) A contractor who has requested qualified workers from the local hiring halls or apprenticeship programs that dispatch workers in the apprenticeable occupation and who, due to workforce shortages, is unable to obtain sufficient qualified workers within forty-eight hours of the request, Saturdays, Sundays, and holidays excepted; and
(c) Emergencies that make compliance impracticable because they require immediate action to prevent harm to public health or safety or to the environment. This section applies as soon as the emergency is over or it becomes practicable for contractors to obtain a qualified workforce.
(5) The requirements under subsection (1) of this section apply to each individual contractor's and subcontractor's on-site workforce.
(6) The requirements of this section do not make the work described in subsection (1) of this section a public work within the meaning of RCW 39.04.010.
[ 2019 c 306 s 2. ]
The following implementation schedule must be complied with to meet the requirements of RCW 49.80.020 for a skilled and trained workforce to perform all on-site work within an apprenticeable occupation in the building and construction trades:
(1)(a) By January 1, 2021, at least twenty percent of the skilled journeypersons must be graduates of an apprenticeship program for the applicable occupation approved by the Washington state apprenticeship and training council under chapter 49.04 RCW;
(b) By January 1, 2022, at least thirty-five percent of the skilled journeypersons must be graduates of an apprenticeship program for the applicable occupation approved by the Washington state apprenticeship and training council under chapter 49.04 RCW;
(c) By January 1, 2023, at least forty-five percent of the skilled journeypersons must be graduates of an apprenticeship program for the applicable occupation approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW; and
(d) By January 1, 2024, at least sixty percent of the skilled journeypersons must be graduates of an apprenticeship program for the applicable occupation approved by the Washington state apprenticeship and training council according to chapter 49.04 RCW; and
(2) By January 1, 2022, all workers in the skilled and trained workforce must have completed within the past three calendar years at least twenty hours of approved advanced safety training for workers at high hazard facilities.
[ 2019 c 306 s 3. ]
(1) Failure to comply with the skilled and trained workforce requirements of this chapter, except the requirement that a worker be paid at a rate commensurate with wages typically paid for the occupation, constitutes a violation of chapter 49.17 RCW.
(2) The wage rate requirement of RCW 49.80.010(8)(b) constitutes a wage payment requirement as defined in RCW 49.48.082.
(3) A worker in an apprenticeable occupation performing work under this chapter who does not meet the definition of a registered apprentice in RCW 49.80.010(6) or the definition of a skilled journeyperson in RCW 49.80.010(8) constitutes a skilled journeyperson solely for the purposes of the wage requirement owed to the worker.
[ 2025 c 210 s 2; 2019 c 306 s 4. ]
NOTES:
Effective date—2025 c 210: "This act takes effect January 1, 2026." [ 2025 c 210 s 3.]
The department may adopt rules necessary to implement this chapter.
[ 2019 c 306 s 6. ]
This act takes effect January 1, 2020.
[ 2019 c 306 s 8. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person. For purposes of this subsection, "control" means the possession, directly or indirectly, of more than 50 percent of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting shares, by contract, or otherwise.
(2) "Aggregated data" means information that an employer has combined or collected in summary or other form such that the data cannot be identified with any individual.
(3) "Defined time period" means any unit of time measurement equal to or less than the duration of an employee's shift, and includes hours, minutes, and seconds and any fraction thereof.
(4) "Department" means the department of labor and industries.
(5) "Designated employee representative" means any employee representative, including but not limited to an authorized employee representative that has a collective bargaining relationship with the employer.
(6) "Director" means the director of the department of labor and industries or the director's designee.
(7) "Employee" means an employee who is not exempt under *RCW 49.46.010(3)(c) and works at a warehouse distribution center.
(8)(a) "Employee work speed data" means information an employer collects, stores, analyzes, or interprets relating to an individual employee's performance of a quota including, but not limited to, quantities of tasks performed, quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of employee performance in relation to a quota, and time categorized as performing tasks or not performing tasks.
(b) Employee work speed data does not include qualitative performance assessments, personnel records, or itemized wage statements pursuant to department rules, except for any content of those records that includes employee work speed data as defined in this subsection.
(9)(a) "Employer" means a person who directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary services, or staffing agency, independent contractor, or any similar entity, at any time, employs or exercises control over the wages, hours, or working conditions of 100 or more employees at a single warehouse distribution center in the state or 1,000 or more employees at one or more warehouse distribution centers in the state.
(b) For the purposes of determining the number of employees employed at a single warehouse distribution center or at one or more warehouse distribution centers, all employees employed directly or indirectly, or through an agency or any other person, and all employees employed by an employer and its affiliates, must be counted.
(c) For the purposes of determining responsible employers, all agents or other persons, and affiliates must be deemed employers and are jointly and severally responsible for compliance with this chapter.
(10) "Person" means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
(11) "Quota" means a work performance standard, whether required or recommended, where: (a) An employee is assigned or required to perform at a specified productivity speed, or perform a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period and under which the employee may suffer an adverse employment action if they fail to complete the performance standard; or (b) an employee's actions are categorized between time performing tasks and not performing tasks, if the employee may suffer an adverse employment action if they fail to meet the performance standard.
(12) "Warehouse distribution center" means an establishment engaged in activities as defined by any of the following North American industry classification system codes, however such establishment is denominated:
(a) 493 for warehousing and storage, but does not include 493130 for farm product warehousing and storage;
(b) 423 for merchant wholesalers, durable goods;
(c) 424 for merchant wholesalers, nondurable goods; or
(d) 454110 for electronic shopping and mail-order houses.
[ 2023 c 306 s 1. ]
NOTES:
*Reviser's note: RCW 49.46.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (3) to subsection (4).
(1) An employer must provide to each employee, upon hire, or within 30 days of July 1, 2024, a written description of:
(a) Each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled within a defined time period;
(b) Any potential adverse employment action that could result from failure to meet each quota; and
(c) Any incentives or bonus programs associated with meeting or exceeding each quota.
(2) Whenever there is a change to the quota that results in a different quota than the most recent written description provided to the employee, the employer must: (a) Notify the employee verbally or in writing as soon as possible and before the employee is subject to the new quota; and (b) provide the employee with an updated written description of each quota to which the employee is subject within two business days of the quota change.
(3) Whenever an employer takes an adverse action against an employee in whole or in part for failure to meet a quota, the employer must provide that employee with the applicable quota for the employee and the personal work speed data for the employee that was the basis for the adverse action.
(4) The written description must be understandable, in plain language, and in the employee's preferred language. The department may adopt rules regarding the format, plain language, and language access requirements for the written description.
[ 2023 c 306 s 2. ]
(1) The time period considered in a quota, including time designated as productive time or time on task must include:
(a) Time for rest breaks and reasonable time to travel to designated locations for rest breaks;
(b) Reasonable travel time to on-site designated meal break locations. Meal breaks are not considered time on task or productive time unless the employee is required by the employer to remain on duty on the premises or at a prescribed worksite in the interest of the employer;
(c) Time to perform any activity required by the employer in order to do the work subject to any quota;
(d) Time to use the bathroom, including reasonable travel time; and
(e) Time to take any actions necessary for the employee to exercise the employee's right to a safe and healthful workplace pursuant to chapter 49.17 RCW, including but not limited to time to access tools or safety equipment necessary to perform the employee's duties.
(2) Reasonable travel time must include consideration of the architecture and geography of the facility and the location within the facility that the employee is located at the time.
[ 2023 c 306 s 3. ]
(1) Except as provided in RCW 49.84.032, a quota violates this chapter if the quota:
(a) Does not provide sufficient time as required under RCW 49.84.025(1) (a) through (c); or
(b) Prevents the performance of any activity required by the employer for the employee to do the work subject to any quota.
(2) An employee is not required to meet a quota that violates this section.
(3) An employer may not take adverse action against an employee for failing to meet a quota that violates this section or that was not disclosed to the employee as required under RCW 49.84.020.
[ 2023 c 306 s 4. ]
(1) A quota violates chapter 49.17 RCW if the quota:
(a) Does not provide sufficient time as required under RCW 49.84.025(1) (d) and (e);
(b) Prevents the performance of any activity related to occupational safety and health required by the employer for the employee to do the work subject to any quota; or
(c) Exposes an employee to occupational safety and health hazards in violation of the requirements of chapter 49.17 RCW and the applicable rules or regulations.
(2) An employee is not required to meet a quota that violates this section.
(3) An employer may not take adverse action against an employee for failing to meet a quota that violates this section.
(4) All provisions of RCW 49.84.040 apply to any person who complains to the employer, the director, or any local, state, or federal governmental agency or official, related to a quota alleging any violations of this section.
(5)(a) This section must be implemented and enforced, including penalties, violations, citations, and other administrative procedures, pursuant to chapter 49.17 RCW.
(b) An employer who fails to allow adequate inspection of records in an inspection by the department within a reasonable time period may not use such records in any appeal to challenge the correctness of any citation and notice issued by the department.
[ 2023 c 306 s 5. ]
(1) An employer must establish, maintain, and preserve contemporaneous, true, and accurate records of the following:
(a) Each employee's own personal work speed data;
(b) The aggregated work speed data for similar employees at the same warehouse distribution center; and
(c) The written descriptions of each quota the employee was provided pursuant to RCW 49.84.020.
(2)(a) The required records must be maintained and preserved throughout the duration of each employee's period of employment and for the period required by this subsection.
(b) Except as required under (c) of this subsection, subsequent to an employee's separation from the employer, records relating to the six-month period prior to the date of the employee's separation from the employer must be preserved for at least three years from the date of the employee's separation.
(c) Where an employer has taken adverse action against an employee in whole or in part for failure to meet a quota, the employer must preserve the records relating to the basis for the adverse action for at least three years from the date of the adverse action.
(d) The employer must make records available to the director upon request.
(3) Nothing in this section requires an employer to collect or keep such records if the employer does not use quotas or monitor work speed data.
(4) An employer who fails to allow adequate inspection of records in an inspection by the department within a reasonable time period may not use such records in any appeal to challenge the correctness of any citation and notice issued by the department.
[ 2023 c 306 s 6. ]
(1) An employee has the right to request, at any time, a written description of each quota to which the employee is subject, a copy of the employee's own personal work speed data for the prior six months, and a copy of the prior six months of aggregated work speed data for similar employees at the same warehouse distribution center.
(2) A former employee has the right to request, within three years subsequent to the date of their separation from the employer, a written description of the quota to which they were subject as of the date of their separation, a copy of the employee's own personal work speed data for the six months prior to their date of separation, and a copy of aggregated work speed data for similar employees at the same warehouse distribution center for the six months prior to their date of separation.
(3) An employer must provide records requested under this section at no cost to the employee or former employee.
(4) An employer must provide records requested under this section as soon as practicable and subject to the following:
(a) Requested records of written descriptions of a quota must be provided no later than two business days following the date of the receipt of the request; and
(b) Requested personal work speed data and aggregated work speed data must be provided no later than seven business days following the date of the receipt of the request.
(5) Nothing in this section requires an employer to use quotas or monitor work speed data. An employer that does not use quotas or monitor work speed data has no obligation to provide records under this section.
[ 2023 c 306 s 7. ]
(1) A person, including but not limited to an employer, his or her agent, or person acting as or on behalf of a hiring entity, or the officer or agent of any entity, business, corporation, partnership, or limited liability company, may not discharge or in any way retaliate, discriminate, or take adverse action against an employee or former employee for exercising any rights established in this chapter, or for being perceived as exercising rights established in this chapter including, but not limited to:
(a) Initiating a request for information about a quota or personal work speed data pursuant to RCW 49.84.037; and
(b) Making a complaint to the employer, the director, or any local, state, or federal governmental agency or official, related to a quota that is allegedly in violation of this chapter or chapter 49.17 RCW.
(2) An employee or former employee need not explicitly refer to this section or the rights established in this chapter to be protected from an adverse action. The protection provided in this section applies to former employees and to employees who mistakenly but in good faith allege violations of this chapter.
(3)(a) If a person takes adverse action against an employee or former employee within 90 days of the employee engaging or attempting to engage in activities protected by this chapter, there is a rebuttable presumption that the adverse action is a retaliatory action in violation of this section.
(b) The presumption may be rebutted by a preponderance of the evidence that: (i) The action was taken for other permissible reasons; and (ii) the engaging or attempting to engage in activities protected by this chapter was not a motivating factor in the adverse action.
(4) Except as provided for in RCW 49.84.032, the department must carry out and enforce the provisions of this section and RCW 49.84.030(3) pursuant to procedures established under chapter 49.46 RCW and any applicable rules. The department may adopt new rules to implement or enforce this subsection.
[ 2023 c 306 s 8. ]
(1)(a) An employee may file a complaint with the department alleging a violation under this chapter or applicable rules, except for violations and enforcement of RCW 49.84.032 and 49.84.040. The department must investigate the complaint.
(b) The department may not investigate any such alleged violation of rights that occurred more than three years before the date that the employee filed the complaint.
(c) If an employee files a timely complaint with the department, the department must investigate the complaint and issue either a citation and notice of assessment or a determination of compliance within 90 days after the date on which the department received the complaint, unless the complaint is otherwise resolved. The department may extend the period by providing advance notice to the employee and the employer setting forth good cause for an extension of the period and specifying the duration of the extension.
(d) The department must send the citation and notice of assessment or the determination of compliance to both the employer and the employee by service of process or using an electronic or nonelectronic method by which the citation and notice of assessment or the determination of compliance can be tracked or the delivery can be confirmed to their last known addresses. Before using an electronic method for the first time under this subsection, the department must provide the employer and the employee the option to receive communication through a nonelectronic method.
(2) If the department's investigation finds that the employee's allegation cannot be substantiated, the department must issue a determination of compliance to the employee and the employer detailing such finding.
(3) The director may initiate an investigation without an employee's complaint to ensure compliance with this chapter.
(4) The department may request an employer perform a self-audit of any records relating to chapter 306, Laws of 2023, which must be provided within a reasonable time. Reasonable timelines will be specified in the self-audit request. The department must determine reasonable time based on the number of affected employees and the period of time covered by the self-audit. The records examined by the employer in order to perform the self-audit must be made available to the department upon request.
(5) Upon the department's request, an employer must notify affected employees in writing that the department is conducting an investigation. The department may require the employer to include a general description of each investigation as part of the notification, including the allegations and whether the notified employee may be affected. The employer may consult with the department to provide the information for the description of the notification or investigation.
(6) If the department determines that the employer has violated a requirement of this chapter or any rule adopted under this chapter, the department also may order the employer to pay the department a civil penalty of not less than $1,000. The first violation may not exceed $1,000. The department may, at any time, waive or reduce any civil penalty assessed against an employer under this section if the department determines that the employer has taken corrective action to remedy a violation. The department must adopt rules creating a schedule to enhance penalties, not to exceed $10,000 per violation, based on repeat violations by the employer. Civil penalties must be collected by the department and deposited into the supplemental pension fund established under RCW 51.44.033.
(7) Except as provided under subsection (1) of this section, an employer who is found to have violated a requirement of this chapter and the rules adopted under this chapter resulting in a rest or meal period violation, must pay the employee one additional hour of pay at the employee's regular rate of pay for each day there is a violation.
(8) Upon receiving a complaint, the department may request or subpoena the records of the warehouse distribution center.
(9) For enforcement actions under this section, if any person fails to pay an assessment under this chapter, or under any rule under this chapter, after it has become a final and unappealable order, or after the court has entered final judgment in favor of the agency, the director may initiate collection procedures in accordance with the collection procedures under RCW 49.48.086.
(10) If the department finds that a quota violates chapter 306, Laws of 2023, the department may order the employer to review and provide a corrected written quota to the affected employee or employees within 15 calendar days and place a letter in the employee's personnel file to acknowledge the correction. If the employer fails to do so, the employer may be subject to the penalties under subsection (6) of this section and associated rules.
(11) In addition to any enforcement authority provided in this chapter or applicable rules, the department may enforce any violation under this chapter or applicable rules, except for violations and enforcement of RCW 49.84.032, by filing an action in the superior court for the county in which the violation is alleged to have occurred. If the department prevails, it is entitled to reasonable attorneys' fees and costs, in the amount to be determined by the court.
[ 2026 c 77 s 24; 2023 c 306 s 9. ]
(1) For enforcement actions under RCW 49.84.045, a person, firm, or corporation aggrieved by a citation and notice of assessment or determination of compliance by the department or any rules adopted under this chapter may appeal the citation and notice of assessment or determination of compliance to the director by filing a notice of appeal with the director within 15 calendar days of the department's issuance of the citation and notice of assessment or determination of compliance. A citation and notice of assessment or determination of compliance not appealed within 15 calendar days is final and binding, and not subject to further appeal.
(2) A notice of appeal filed with the director under this section stays the effectiveness of the citation and notice of assessment or determination of compliance pending final review of the appeal by the director as provided in chapter 34.05 RCW.
(3) Upon receipt of a notice of appeal, the director must assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order. The hearing and review procedures must be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation and notice of assessment must be de novo. Any party who seeks to challenge an initial order must file a petition for administrative review with the director within 30 days after service of the initial order. The director must conduct an administrative review in accordance with chapter 34.05 RCW.
(4) The director must issue all final orders after appeal of the initial order. The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.
(5) Orders that are not appealed within the time period specified in this section and chapter 34.05 RCW are final and binding, and not subject to further appeal.
(6) An employer who fails to allow adequate inspection of records in an investigation by the department under this chapter within a reasonable time period may not use such records in any appeal under this section to challenge the correctness of any determination by the department of the penalty assessed.
[ 2023 c 306 s 10. ]
The department may adopt and implement rules to carry out and enforce the provisions of this chapter.
[ 2023 c 306 s 11. ]
This act takes effect July 1, 2024.
[ 2023 c 306 s 14. ]
(1) Supermarkets and other grocery retailers are the primary points of distribution for food and other daily necessities for the residents of Washington and are therefore essential to the vitality of every Washington community.
(2) The state has a compelling interest in ensuring the welfare of the residents of its communities through the maintenance of health and safety standards in grocery establishments.
(3) Experienced grocery retail workers with knowledge of proper sanitation procedures, health regulations and laws, and an experience-based understanding of the clientele and communities in which the retailer is located are essential in furthering this interest and the state's investments in health and safety.
(4) A transitional retention period for grocery retail workers upon change of ownership, control, or operation of grocery stores ensures stability throughout the state for these vital workers, which, in turn, results in preservation of health and safety standards.
[ 2024 c 129 s 1. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Change in control" means any sale, purchase, assignment, acquisition, transfer, contribution, or other disposition of all or substantially all of the assets, cash on hand, or a controlling interest, including by consolidation, merger, or reorganization, of or by the incumbent grocery employer or any person who controls the incumbent grocery employer or any grocery establishment under the operation or control of either the incumbent grocery employer or any person who controls the incumbent grocery employer.
(2) "Eligible grocery worker" means any individual whose primary place of employment is at the grocery establishment subject to a change in control, and who has worked for the incumbent grocery employer for at least six months prior to the execution of the transfer document. "Eligible grocery worker" does not include a managerial, supervisory, or confidential employee.
(3) "Employment commencement date" means the date on which an eligible grocery worker retained by the successor grocery employer pursuant to this chapter commences work for the successor grocery employer in exchange for benefits and compensation under the terms and conditions established by the successor grocery employer and as required by law.
(4)(a) "Grocery establishment" means a retail store in this state that is over 15,000 square feet in size and that sells primarily household foodstuffs for off-site consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. Other household supplies or other products must be secondary to the primary purpose of food sales.
(b) A distribution center owned and operated by a grocery establishment and used primarily to distribute goods to or from its owned stores is considered a grocery establishment, regardless of its square footage.
(c) A grocery establishment does not include a retail store that has ceased operations for 12 months or more.
(5) "Incumbent grocery employer" means the person that owns, controls, or operates the grocery establishment at the time of the change in control.
(6) "Job classification" means a system for categorizing certain duties into certain jobs.
(7) "Person" means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
(8) "Successor grocery employer" means the person that owns, controls, or operates the grocery establishment after the change in control. A successor grocery employer may be the same entity as an incumbent employer when a change in control occurs, but the covered employer remains the same. "Successor grocery employer" does not include any person that owns or controls 25 or fewer grocery establishments in the state. A successor grocery employer does not include an establishment operated by a franchisee pursuant to a franchise agreement if the franchisee operates 25 or fewer grocery establishments in the state.
(9) "Transfer document" means the purchase agreement or other document effecting the change in control.
[ 2024 c 129 s 2. ]
(1)(a) The incumbent grocery employer must, within 15 days after the execution of the transfer document, provide to the successor grocery employer and any collective bargaining representative the name, address, date of hire, employment occupation classification, and, if known, the cellular telephone number and email address of each eligible grocery worker.
(b) If the incumbent grocery employer does not provide the information specified in (a) of this subsection within 15 days, the successor grocery employer may obtain the information from a collective bargaining representative.
(2) The successor grocery employer must maintain a preferential hiring list of eligible grocery workers identified by the incumbent grocery employer or collective bargaining representative pursuant to subsection (1) of this section and must hire from that list for a period beginning upon the execution of the transfer document and continuing for 180 days after the grocery establishment is fully operational and open to the public under the successor grocery employer.
(3) If the successor grocery employer extends an offer of employment to an eligible grocery worker pursuant to this chapter, the successor grocery employer must retain written verification of that offer for at least three years after the date of the offer. The verification must include the name, address, date of hire, and employment occupation classification of each eligible grocery worker.
[ 2024 c 129 s 3. ]
(1) A successor grocery employer must retain each eligible grocery worker hired pursuant to this chapter for at least 180 days after the eligible grocery worker's employment commencement date. During this 180-day transition employment period, eligible grocery workers must be employed under the terms and conditions established by the successor grocery employer and pursuant to the terms of a relevant collective bargaining agreement, if any.
(2) If, within the period established in RCW 49.85.020(2), the successor grocery employer determines that it requires fewer eligible grocery workers than were required by the incumbent grocery employer, the successor grocery employer must retain eligible grocery workers by seniority within each job classification to the extent that comparable job classifications exist or pursuant to the terms of a relevant collective bargaining agreement, if any. Nonclassified eligible grocery workers must be retained by seniority and according to experience, or pursuant to the terms of a relevant collective bargaining agreement, if any.
(3) During the 180-day transition employment period, the successor grocery employer may not discharge without cause an eligible grocery worker retained pursuant to this chapter.
(4) At the end of the 180-day transition employment period, the successor grocery employer must make a written performance evaluation for each eligible grocery worker retained pursuant to this chapter. If the eligible grocery worker's performance during the 180-day transition employment period is satisfactory, the successor grocery employer must consider offering the eligible grocery worker continued employment under the terms and conditions established by the successor grocery employer and as required by law. The successor grocery employer must retain a record of the written performance evaluation for at least three years.
[ 2024 c 129 s 4. ]
(1) This section only applies to a successor grocery employer that, after a change in control, will own, control, or operate 20 or more grocery establishments.
(2) Notwithstanding other provisions of this chapter, if a successor grocery employer does not hire an eligible grocery worker following a change in control or does not retain an eligible grocery worker for at least 180 days following the change in control or the eligible grocery worker's employment commencement date, whichever is later, the successor grocery company must, unless the eligible grocery worker has quit or has been discharged for cause, provide the eligible grocery employee a dislocated grocery worker allowance equal to one week of pay for each full year of employment with the incumbent grocery employer. The rate of the dislocated grocery worker allowance will be the average regular rate of compensation received during the eligible grocery worker's last three years of employment with the incumbent grocery employer or the final regular rate of compensation paid to the eligible grocery worker, whichever is higher.
(3) The successor grocery employer must provide the greater of the dislocated grocery worker allowance required pursuant to:
(a) Subsection (2) of this section; or
(b) The terms of a relevant collective bargaining agreement, if any.
[ 2024 c 129 s 5. ]
(1) The incumbent grocery employer must post public notice of the change in control at the location of the affected grocery establishment within five business days following the execution of the transfer document. Notice must remain posted during any closure of the grocery establishment and until the grocery establishment is fully operational and open to the public under the successor grocery employer.
(2) Notice must include, but is not limited to:
(a) The name of the incumbent grocery employer and its contact information;
(b) The name of the successor grocery employer and its contact information; and
(c) The effective date of the change in control.
(3) Notice must be posted in a conspicuous place at the grocery establishment in a manner to be readily viewed by eligible grocery workers and other employees, customers, and members of the public.
[ 2024 c 129 s 6. ]
(1) An employer must not refuse to employ, terminate, reduce the compensation of, or otherwise take adverse action against any employee for seeking to enforce the employee's rights under this chapter, including participating in proceedings, opposing any practice prescribed by this chapter, or otherwise asserting rights under this chapter.
(2) This section applies to an employee who mistakenly, but in good faith, alleges noncompliance with this chapter.
[ 2024 c 129 s 7. ]
(1) An aggrieved employee or an employee representative, such as a collective bargaining representative or nonprofit corporation, may bring an action in the superior court of the state of Washington for violations of this chapter and may be awarded the following:
(a) Hiring and reinstatement rights pursuant to this chapter. For violations of the retention provision, the 180-day transition employment period does not commence until the eligible grocery worker's employment commencement date with the successor grocery employer;
(b) Front pay or back pay for each day during which the violation continues;
(c) The value of the benefits the employee would have received under any benefit plans;
(d) Reasonable attorneys' fees and costs to any employee or employee representative who prevails in an enforcement action.
(2) Before an employee or an employee representative brings an action in the superior court of the state of Washington for a violation of this chapter, both of the following requirements must be met:
(a) The employee has provided written notice to the employer of the provisions of this chapter alleged to have been violated and the facts to support the alleged violation; and
(b) The employer has not cured the alleged violation within 30 calendar days from receipt of the written notice.
[ 2024 c 129 s 8. ]
This chapter does not apply to grocery establishments that will be located in geographic areas designated by the United States department of agriculture as food deserts, based on the original food desert measure contained in the Food Access Research Atlas, provided that both of the following apply:
(1) More than six years have elapsed since the most recent grocery establishment was located in the area designated as a food desert; and
(2) The grocery establishment stocks and, during normal business hours, sells fresh fruit and vegetables in amounts and of a quality that is comparable to what the establishment sells in its three geographically closest stores, which are located outside of the food desert.
[ 2024 c 129 s 9. ]
(1) In the case of a change of control from a merger, a successor grocery employer may not cause a grocery establishment that is located in a geographic area designated by the United States department of agriculture as a food desert to cease being fully operational and open to the public until the establishment provides a written notice to the city council, county council, local health department, and attorney general 180 days before the establishment ceases to be fully operational and open to the public.
(2) The notice required by subsection (1) of this section must include both of the following:
(a) A written analysis and explanation, including data, of how residents living in the geographic area designated by the United States department of agriculture as a food desert will be able, at comparable costs, including transportation costs, time off work, and child care costs, to purchase food after the establishment ceases being fully operational and open to the public; and
(b) A profit and loss statement for the establishment consistent with generally accepted accounting principles for the two years prior to the merger attested to by a responsible officer of the successor employer.
[ 2024 c 129 s 10. ]
(1) This chapter does not apply to an incumbent grocery employer and the successor grocery employer executing the transfer document with that incumbent grocery employer, if the sum of both of the following is less than 300:
(a) The number of grocery workers employed immediately prior to the change in control by the incumbent grocery employer across that employer's grocery establishments nationwide; and
(b) The number of grocery workers employed immediately prior to the change in control by the successor grocery employer across that employer's grocery establishments nationwide.
(2) For purposes of this section only, the following definitions apply:
(a) "Grocery establishment," as used in this section, has the same meaning as defined in RCW 49.85.015, but also includes grocery establishments in other states in the United States.
(b) "Grocery worker," as used in this section, means any individual whose primary place of employment is at a grocery establishment that is owned, controlled, or operated by the incumbent or successor grocery employer, as applicable.
[ 2024 c 129 s 11. ]
This chapter does not preempt any city, county, or city and county ordinances that provide equal or greater protection to eligible grocery workers.
[ 2024 c 129 s 13. ]
This chapter is not to be construed to limit an eligible grocery worker's right to bring legal action for wrongful termination.
[ 2024 c 129 s 12. ]
(1) Within this section, "sensory disability" means a sensory condition that materially limits, contributes to limiting, or, if not corrected or accommodated, will probably result in limiting an individual's activities or functioning.
(2) The office of financial management shall adopt rules that authorize state agencies to provide allowances to employees with sensory disabilities who must attend training necessary to attain a new service animal. The employee's absence must be treated in the same manner as that granted to employees who are absent to attend training that supports or improves their job performance, except that the employee shall not be eligible for reimbursement under RCW 43.03.050 or 43.03.060. The office of financial management shall adopt rules as necessary to implement this chapter.
(3) If the necessity to attend training for a new service animal is foreseeable and the training will cause the employee to miss work, the employee shall provide the employer with not less than thirty days' notice, before the date the absence is to begin, of the employee's impending absence. If the date of the training requires the absence to begin in less than thirty days, the employee shall provide notice as is practicable.
(4) An agency may require that a request to attend service animal training be supported by a certification issued by the relevant training organization. The employee must provide, in a timely manner, a copy of the certification to the agency. Certification provided under this section is sufficient if it states: (a) The date on which the service animal training session is scheduled to commence; and (b) the session's duration.
[ 2011 1st sp.s. c 43 s 465; 2009 c 294 s 5. ]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—2009 c 294: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 30, 2009]." [ 2009 c 294 s 11.]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of labor and industries.
(2) "Director" means the director of the department of labor and industries or authorized representative.
(3) "Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.
(4) "Employer" has the same meaning and must be interpreted consistent with how that term is defined in RCW 49.60.040, except that for the purposes of this chapter only, "employer" includes any employer who employs one or more persons and any religious or sectarian organization not organized for private profit.
(5) "Pregnancy" includes the employee's pregnancy and pregnancy-related health conditions, including the need to express breast milk.
(6) "Reasonable accommodation" means:
(a) Providing more frequent, longer, or flexible restroom breaks;
(b) Modifying a no food or drink policy;
(c) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, or acquiring or modifying equipment, devices, or an employee's work station;
(d) Providing seating or allowing the employee to sit more frequently if the employee's job requires the employee to stand;
(e) Providing for a temporary transfer to a less strenuous or less hazardous position;
(f) Providing assistance with manual labor and limits on lifting;
(g) Scheduling flexibility for prenatal and postpartum visits;
(h) Providing reasonable break time for an employee to express breast milk for two years after the child's birth each time the employee has a need to express milk and providing a private location, other than a bathroom, if such a location exists at the place of business or worksite, which may be used by the employee to express breast milk. If the business location does not have a space for the employee to express milk, the employer shall work with the employee to identify a convenient location and work schedule to accommodate their needs; and
(i) Any further pregnancy accommodation an employee may request, and to which an employer must give reasonable consideration in consultation with information provided on pregnancy accommodation by the department or the attending health care provider of the employee.
(7) "Undue hardship" means an action requiring significant difficulty or expense. An employer may not claim undue hardship for the accommodations under subsection (6)(a), (b), and (d) of this section, or for limits on lifting over 17 pounds.
[ 2025 c 379 s 1. ]
NOTES:
Effective date—2025 c 379: See note following RCW 49.92.020.
(1) It is an unfair practice for any employer to:
(a) Fail or refuse to make reasonable accommodation for an employee for pregnancy, unless the employer can demonstrate that doing so would impose an undue hardship on the employer's program, enterprise, or business;
(b) Take adverse action against an employee who requests, declines, or uses an accommodation under this section that affects the terms, conditions, or privileges of employment;
(c) Deny employment opportunities to an otherwise qualified employee if such denial is based on the employer's need to make reasonable accommodation required by this section;
(d) Require an employee to take leave if another reasonable accommodation can be provided for the employee's pregnancy.
(2) An employer may request that the employee provide written certification from the employee's treating health care professional regarding the need for reasonable accommodation, except for accommodations listed in RCW 49.92.010(6) (a), (b), (d), and (h) and limits on lifting over 17 pounds.
(3)(a) This chapter does not require an employer to create additional employment that the employer would not otherwise have created, unless the employer does so or would do so for other classes of employees who need accommodation.
(b) This chapter does not require an employer to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job, unless the employer does so or would do so to accommodate other classes of employees who need accommodation.
(4) Any break time and any time traveling to a location, identified by the employer and employee as provided in RCW 49.92.010(6)(h), to express milk must be paid to the employee at the employee's regular compensation rate. An employee must not be required to use paid leave during break or travel time to express milk during work. Any break time to express milk is in addition to meal and rest periods under chapter 49.12 RCW.
(5) The department must provide online education materials explaining the respective rights and responsibilities of employers and employees who have a health condition related to pregnancy or childbirth. The online education materials must be prominently displayed on the department's website.
(6) The public records exemption in RCW 42.56.705 applies to records maintained pursuant to this chapter.
[ 2026 c 76 s 1; 2025 c 379 s 2. ]
NOTES:
Effective date—2026 c 76: See note following RCW 42.56.705.
Effective date—2025 c 379: "This act takes effect January 1, 2027." [ 2025 c 379 s 10.]
(1) The department shall investigate complaints and enforce this chapter. Prior to issuing any order under this subsection, the department must first contact the employer and attempt in good faith to reach agreement on reasonable accommodation or interim accommodation. If the department and the employer are unable to reach agreement, the department may issue a temporary order immediately restraining any such condition, practice, method, process, or means in the workplace that violates any provision of this chapter. This temporary order may be in effect no longer than 90 calendar days. To extend the order beyond 90 calendar days, the department must seek a restraining order, or other such relief as appears appropriate under the circumstances, in the superior court of the county wherein such condition of employment or practice exists.
(2) In addition to the complaint process with the department, any person believed to have been injured by a violation of this chapter has a civil cause of action in court to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit and reasonable attorneys' fees or any other appropriate remedy authorized by state or federal law.
(3) This section does not preempt, limit, diminish, or otherwise affect any other provision of law relating to sex discrimination or pregnancy, or in any way diminish or limit legal protections or coverage for pregnancy, childbirth, or pregnancy-related health conditions.
(4) The department may assess civil penalties for a violation of this chapter. For a violation of the accommodation described in RCW 49.92.010(6)(h), the department may assess a civil penalty under this chapter or RCW 49.17.530, but may not assess duplicative penalties for the same violation.
[ 2025 c 379 s 3. ]
NOTES:
Effective date—2025 c 379: See note following RCW 49.92.020.
(1) The department must adopt rules for purposes of implementing and enforcing this chapter including, but not limited to, rules establishing processes for enforcement and appeals of citations issued, and rules concerning the collection of civil penalties and other amounts owed. The rules must be at least equal to enforcement of the protections provided by chapter 49.46 RCW.
(2) The department must deposit all civil penalties paid under this chapter in the supplemental pension fund established under RCW 51.44.033.
[ 2025 c 379 s 4. ]
NOTES:
Effective date—2025 c 379: See note following RCW 49.92.020.
(1) The provisions of *RCW 43.10.005 as they existed immediately prior to January 1, 2027, apply to employee and employer conduct, acts, or omissions occurring on or before December 31, 2026, including but not limited to the enforcement provisions set forth in *RCW 43.10.005(6) as they existed immediately prior to January 1, 2027. Accordingly, a cause of action for conduct, acts, or omissions occurring on or before December 31, 2026, under *RCW 43.10.005 as it existed immediately prior to January 1, 2027, remains available within its applicable statute of limitations. As an exercise of the state's police powers and for remedial purposes, this subsection applies retroactively to claims based on conduct, acts, or omissions that occurred on or before December 31, 2026.
(2) The provisions of this chapter apply to employee and employer conduct, acts, or omissions occurring on or after January 1, 2027, including but not limited to the enforcement provisions set forth in RCW 49.92.030.
[ 2025 c 379 s 5. ]
NOTES:
***** Reviser's note: RCW 43.10.005 was repealed by 2025 c 379 s 8, effective January 1, 2027.
Effective date—2025 c 379: See note following RCW 49.92.020.
This chapter may be known and cited as the healthy starts act.
[ 2025 c 379 s 6. ]
NOTES:
Effective date—2025 c 379: See note following RCW 49.92.020.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Adult conviction record" means any record of or information about criminal conduct resulting in an adult criminal conviction, finding of guilt, or other finding adverse to the subject, including an acquittal due to a finding of not guilty by reason of insanity, a dismissal by reason of incompetency, or a dismissal entered after a period of probation, suspension, or deferral of sentence. It also includes information related to the conviction or other finding adverse to the subject including, but not limited to, any citation, arrest record, or probable cause statement.
(2) "Arrest record" means any record of or information about an arrest or pending charge for criminal conduct without a conviction, adjudication, finding of guilt, or other finding adverse to the subject.
(3) "Criminal record" includes any record of or information about a citation or arrest for criminal conduct, including records relating to probable cause to arrest, and includes any record about an adult criminal or juvenile case filed with any court, whether or not the case resulted in a finding of guilt.
(4) "Employer" includes public agencies, private individuals, businesses and corporations, contractors, temporary staffing agencies, training and apprenticeship programs, and job placement, referral, and employment agencies.
(5) "Juvenile conviction record" means any record of or information about a juvenile adjudication or other finding of guilt pursuant to Title 13 RCW or other juvenile court system. It also includes information related to the conviction or other finding adverse to the subject including, but not limited to, any citation, arrest record, or probable cause statement.
(6) "Legitimate business reason" means that, based on information known to the employer at the time the employer makes the decision regarding a tangible adverse employment action, the employer believes in good faith that the nature of the criminal conduct underlying the adult conviction record will:
(a) Have a negative impact on the employee's or applicant's fitness or ability to perform the position sought or held; or
(b) Harm or cause injury to people, property, business reputation, or business assets, and the employer has considered the following factors, and documented as such in accordance with RCW 49.94.010:
(i) The seriousness of the conduct underlying the adult conviction record;
(ii) The number and types of convictions;
(iii) The time that has elapsed since the conviction, excluding periods of incarceration;
(iv) Any verifiable information related to the individual's rehabilitation, good conduct, work experience, education, and training, as provided by the individual;
(v) The specific duties and responsibilities of the position sought or held; and
(vi) The place and manner in which the position will be performed.
(7) "Otherwise qualified" means that the applicant meets the basic criteria for the position as set out in the advertisement or job description without consideration of a criminal record.
(8) "Tangible adverse employment action" means a decision by an employer to reject an otherwise qualified job applicant, or to terminate, suspend, discipline, demote, or deny a promotion to an employee.
[ 2025 c 71 s 1; 2018 c 38 s 1. ]
NOTES:
Application—2025 c 71: See note following RCW 49.94.010.
(1) An employer may not include any question on any application for employment, inquire either orally or in writing, receive information through a criminal history background check, or otherwise obtain information about an applicant's criminal record until after the employer initially determines that the applicant is otherwise qualified for the position and makes an offer of employment conditioned on obtaining the applicant's criminal record.
(2) An employer may not advertise employment openings in a way that excludes people with criminal records from applying. Ads that state "no felons," "no criminal background," or otherwise convey similar messages are prohibited.
(3) An employer may not implement any policy or practice that automatically or categorically excludes individuals with a criminal record from any employment position. An employer may not reject an applicant for failure to disclose a criminal record prior to receiving a conditional offer of employment.
(4)(a) An employer may not carry out a tangible adverse employment action based on an applicant's or employee's arrest record or juvenile conviction record.
(b) This subsection does not apply to an adult arrest in which an individual is out on bail or released on their own personal recognizance pending trial.
(5)(a) An employer may not carry out a tangible adverse employment action solely based on an applicant's or employee's adult conviction record, unless the employer has a legitimate business reason for taking such action.
(b) Before carrying out any tangible adverse employment action under this subsection, the employer shall notify the applicant or employee and identify to the applicant or employee the record on which the employer is relying for purposes of assessing its legitimate business reason. The employer shall hold open the position for a minimum of two business days to provide the applicant or employee a reasonable opportunity to correct or explain the record or provide information on the applicant's or employee's rehabilitation, good conduct, work experience, education, and training.
(c) If an employer makes a tangible adverse employment decision following the reasonable opportunity under (b) of this subsection, the employer shall provide the applicant or employee with a written decision, including specific documentation as to its reasoning and assessment of each of the relevant factors, including the impact of the conviction on the position or business operations, and its consideration of the applicant's or employee's rehabilitation, good conduct, work experience, education, and training.
(6) An employer may not carry out any tangible adverse employment action against any employee because the employee, or a person acting on behalf of the employee, makes a good faith report, orally or in writing, to the employer, the attorney general, a labor organization, or others of a violation or suspected violation of this section or otherwise informs others of the requirements of this section.
(7) This section does not apply to:
(a) Any employer hiring a person who will or may have unsupervised access to children under the age of eighteen, a vulnerable adult as defined in chapter 74.34 RCW, or a vulnerable person as defined in RCW 9.96A.060;
(b) Any employer, including a financial institution, who is expressly permitted or required under any federal or state law to inquire into, consider, or rely on information about an applicant's or employee's criminal record for employment purposes;
(c) Employment by a general or limited authority Washington law enforcement agency as defined in RCW 10.93.020 or by a criminal justice agency as defined in RCW 10.97.030(5)(b);
(d) An employer seeking a nonemployee volunteer;
(e) Any entity required to comply with the rules or regulations of a self-regulatory organization, as defined in section 3(a)(26) of the securities and exchange act of 1934, 15 U.S.C. 78c(a)(26); or
(f) Any employer with respect to a position entailing work under a federal contract that specifically prohibits people with criminal records from working under that contract.
(8)(a) Nothing in this section prohibits:
(i) An employer from accurately disclosing to the applicant that the position is subject to a background check after a conditional offer of employment; or
(ii) An applicant from voluntarily disclosing, without solicitation by the employer, information about the applicant's criminal record during an interview.
(b) If an employer or an applicant makes a disclosure under (a) of this subsection, the employer must immediately:
(i) Inform the applicant in writing of the requirements of subsections (1), (3), (4), and (5) of this section; and
(ii) Provide the applicant the attorney general's Washington fair chance act guide for employers and job applicants.
[ 2025 c 71 s 2; 2018 c 38 s 2. ]
NOTES:
Application—2025 c 71: "(1) This act applies to employers with 15 or more employees beginning July 1, 2026.
(2) This act applies to employers with fewer than 15 employees beginning January 1, 2027." [ 2025 c 71 s 4.]
(1) This chapter may not be construed to interfere with, impede, or in any way diminish any provision in a collective bargaining agreement or the right of employees to bargain collectively with their employers through representatives of their own choosing concerning wages, standards, and conditions of employment.
(2) This chapter may not be interpreted or applied to diminish or conflict with any requirements of state or federal law, including Title VII of the civil rights act of 1964; the federal fair credit reporting act, 15 U.S.C. Sec. 1681; the Washington state fair credit reporting act, chapter 19.182 RCW; and state laws regarding unsupervised access to children or vulnerable persons, RCW 43.43.830 through 43.43.845.
(3) This chapter may not be interpreted or applied as imposing an obligation on the part of an employer to provide accommodations or job modifications in order to facilitate the employment or continued employment of an applicant or employee with a criminal record or who is facing pending criminal charges.
(4) This chapter may not be construed to discourage or prohibit an employer from adopting employment policies that are more protective of employees and job applicants than the requirements of this chapter.
(5) This chapter may not be construed to interfere with local government laws that provide additional protections to applicants or employees with criminal records, nor does it prohibit local governments from enacting greater protections for such applicants or employees in the future. Local government laws that provide lesser protections to job applicants with criminal records than this chapter conflict with this chapter and may not be enforced.
(6) This chapter may not be construed to create a private right of action to seek damages or remedies of any kind. The exclusive remedy available under this chapter is enforcement described in RCW 49.94.030. This chapter does not create any additional liability for employers beyond that enumerated in this chapter.
[ 2018 c 38 s 3. ]
(1) The state attorney general's office shall enforce this chapter. Its powers to enforce this chapter include the authority to:
(a) Investigate violations of this chapter on its own initiative;
(b) Investigate violations of this chapter in response to complaints and seek remedial relief for the complainant;
(c) Educate the public about how to comply with this chapter;
(d) Issue written civil investigative demands for pertinent documents, answers to written interrogatories, or oral testimony as required to enforce this chapter;
(e) Adopt rules implementing this chapter including rules specifying applicable penalties; and
(f) Pursue administrative sanctions or a lawsuit in the courts for penalties, costs, and attorneys' fees.
(2)(a) For purposes of administrative sanctions, the attorney general's office may waive penalties for first time or de minimis violations of this chapter, and instead provide education and a warning to deter future noncompliance. The attorney general's office may impose administrative sanctions and pursue appropriate legal action for second and subsequent violations.
(b) Maximum monetary penalties for administrative sanctions are as follows:
(i) $1,500 for the first violation, except where a waiver has been granted under this section;
(ii) $3,000 for the second violation;
(iii) $15,000 for each subsequent violation.
(c) A penalty under (b) of this subsection must be imposed per aggrieved job applicant, employee, or party for each violation. The penalty accrues for the benefit of and is payable to the job applicant, employee, or other aggrieved party. If there is no identifiable job applicant, employee, or aggrieved person for the violation, the penalty is retained by the attorney general.
(d) The attorney general may pursue legal action to obtain unpaid wages, unpaid administrative penalties, damages, and reasonable attorneys' fees and costs.
[ 2025 c 71 s 3; 2018 c 38 s 4. ]
NOTES:
Application—2025 c 71: See note following RCW 49.94.010.
If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
[ 2018 c 38 s 6. ]
This act may be known and cited as the Washington fair chance act.
[ 2018 c 38 s 8. ]
(1) The legislature finds that, as the citizens of Washington state age and their life expectancy increases, demand for long-term care is also on the rise. Like many Americans, Washingtonians prefer to stay in their own homes and communities as they age, fueling an increased demand for home-based long-term services and supports. Nationally, the direct care workforce is expected to increase by more than one million jobs, making this one of the fastest growing occupations in the country.
(2) As the state of Washington is a national leader in supporting individuals to receive services in their own homes where self-direction, autonomy, choice, and dignity is valued. The average needs and acuity levels of people served in their homes has increased and become more diverse. The prevalence of individuals with complex behaviors due to their disabilities is a growing issue experienced by individuals who need assistance with personal care tasks in their own homes and to be able to fully integrate in community living.
(3) The lack of workplace safety, including incidents of verbal and physical aggression, as well as sexual harassment, is an occupational hazard for many long-term care workers, including those who work in the homes of the person to whom they provide care. The risk may be outside the control of the individual receiving care due to the conduct of others in the home. The risk may be due to symptoms or conditions that can manifest with individuals communicating their needs in ways that an individual caring for the person may experience or interpret as harassment, abuse, or violence. In any event, caregivers should not have to experience discrimination, abusive conduct, and challenging behaviors without assistance or redress.
(4) Workers who have adverse experiences at work can manifest negative physical and mental health outcomes. These workers often leave the field of direct caregiving, resulting in fewer available caregivers in the workforce, increased turnover, and lower quality of care received by individuals in their own homes.
(5) Adequate preparation of caregivers helps both the caregiver and person receiving care. Caregivers should be equipped with information, including relevant care plans and behavioral support interventions, existing problem-solving tools, and strategies to improve safe care delivery.
(6) The legislature further finds that caregivers are the backbone of long-term services and supports in Washington. Therefore, the intent of chapter 309, Laws of 2020 is to reduce the instances of harassment, discrimination, and abuse experienced by caregivers, and ensure that they feel safe while providing care while also prioritizing the continuity of care for individuals who rely on their assistance. This will improve the quality of care provided to Washingtonians and build a strong workforce to meet future care needs in the state.
[ 2020 c 309 s 1. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Abusive conduct" means conduct in a work setting that qualifies as workplace aggression, workplace violence, aggravated workplace violence, physical sexual aggression, rape, attempted rape, sexual contact, sexual harassment, workplace physical aggression, workplace verbal aggression, or inappropriate sexual behavior. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered abusive conduct for the purposes of this chapter if expressly exempted from the applicable definition.
(2) "Aggravated workplace violence," "aggravated violence," or "aggravated violent act" means assault or physically threatening behavior involving the use of a lethal weapon or a common object used as a lethal weapon, regardless of whether the use of a lethal weapon resulted in injury.
(3) "Challenging behavior" means behavior by a service recipient that is specifically caused by or related to a disability that might be experienced by a long-term care worker as offensive or presenting a safety risk.
(4) "Covered employer" means:
(a) A consumer directed employer as defined in RCW 74.39A.009; and
(b) A home care agency as defined in RCW 70.127.010.
(5) "Department" means the department of labor and industries.
(6) "Disability" has the same meaning as in RCW 49.60.040.
(7) "Discrimination" means employment discrimination prohibited by chapter 49.60 RCW, including discriminatory harassment. It shall not constitute discrimination for a recipient of personal care services as defined in RCW 74.39A.009 to refuse to hire or terminate an employment relationship with an employee based on gender preferences.
(8) "Discriminatory harassment" is unwelcome conduct that is based on a protected class listed in RCW 49.60.030(1) where the conduct is enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. "Discriminatory harassment" includes sexual harassment. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered discriminatory harassment for purposes of this chapter.
(9) "Employee" means a long-term care worker as defined in RCW 74.39A.009 that is employed by a covered employer.
(10) "Inappropriate sexual behavior" means nonphysical acts of a sexual nature that a reasonable person would consider offensive or intimidating, such as sexual comments, unwanted requests for dates or sexual favors, or leaving sexually explicit material in view. An act may be considered inappropriate sexual behavior independent of whether the act is severe or pervasive enough to be considered sexual harassment. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered inappropriate sexual behavior for purposes of this chapter.
(11) "Long-term care workers" means all persons who provide paid, hands-on personal care services for the elderly or persons with disabilities, including individual providers of home care services, direct care workers employed by home care agencies or a consumer directed employer, and providers of home care services to persons with developmental disabilities under Title 71A RCW.
(12) "Physical sexual aggression" means any type of sexual contact or behavior, other than rape or attempted rape, that occurs without the explicit consent of the recipient. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered physical sexual aggression for the purposes of this chapter.
(13) "Rape" or "attempted rape" have the same meanings as in RCW 9A.44.040, 9A.44.050, and 9A.44.060.
(14) "Sexual contact" has the same meaning as in RCW 9A.44.010. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered sexual contact for the purposes of this chapter.
(15) "Sexual harassment" has the same meaning as in RCW 28A.640.020. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered sexual harassment for purposes of this chapter.
(16) "Trauma-informed care" means a strength-based service delivery approach that:
(a) Is grounded in the understanding of and responsiveness to the impact of trauma;
(b) Emphasizes physical, psychological, and emotional safety for both providers and survivors; and
(c) Creates opportunities for survivors to rebuild a sense of control and empowerment.
(17) "Workplace physical aggression" means an occurrence of physically threatening behavior in a work setting, including threats of physical harm, or an occurrence of slapping, biting, or intentionally bumping. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered workplace physical aggression for purposes of this chapter.
(18) "Workplace verbal aggression" means acts of nonphysical hostility or threats of violence in the work setting. "Workplace verbal aggression" includes verbal aggression such as insulting or belittling an individual. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered workplace verbal aggression for purposes of this chapter.
(19) "Workplace violence," "violence," or "violent act" means the occurrence of physical assault, such as hitting or kicking, including using a nonlethal weapon. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered workplace violence for purposes of this chapter.
[ 2020 c 309 s 2. ]
(1) Beginning July 1, 2021, each covered employer must adopt and maintain a comprehensive written policy concerning how the covered employer shall address instances of discrimination, abusive conduct, and challenging behavior and work to resolve issues impacting the provision of personal care. The covered employer must:
(a) Disseminate the comprehensive written policy to each employee at the beginning of employment, annually, and on the issuance of any substantive update to the comprehensive written policy;
(b) Post the comprehensive written policy in prominent locations at its place of business and in a prominent location on its website, such as an online payroll portal, if applicable. The covered employer must provide employees with a copy of the current policy within thirty days of the employee's date of hire, and at least once a year thereafter;
(c) Make the policy available in plain English and in each of the three languages spoken most by long-term care workers in the state;
(d) Review and update the adopted policy annually; and
(e) Ensure that all employees are aware of the current policy and the changes from the previous policy.
(2) At a minimum, the comprehensive written policy must include:
(a) A definition of discrimination, harassment, abusive conduct, and challenging behavior;
(b) A description of the types of discrimination and abusive conduct covered by the policy, with examples relevant to the long-term care workforce;
(c) The identification of multiple persons to whom an employee may report discrimination, abusive conduct, and challenging behavior;
(d) Stated permission and a process for allowing workers to leave situations where they feel their safety is at immediate risk. This process must include a requirement to notify the employer and applicable third parties such as department of social and health services case managers, emergency services, or service recipient decision makers as soon as possible. The process must not authorize abandonment as defined in RCW 74.34.020 unless the worker has called the phone number provided by the employer for emergency assistance and has a reasonable fear of imminent bodily harm;
(e) A stated prohibition against retaliation for actions related to disclosing, challenging, reporting, testifying, or assisting in an investigation regarding allegations of discrimination, abusive conduct, or challenging behavior, and a description of how the employer will protect employees against retaliation;
(f) A list of resources about discrimination and harassment for long-term care workers to utilize. At a minimum, the resources must include contact information of the equal employment opportunity commission, the Washington state human rights commission, and local advocacy groups focused on preventing harassment and discrimination and providing support for survivors; and
(g) Any additional components recommended by the work group established in RCW 49.95.060 for the purpose of preventing discrimination and abusive conduct and responding to challenging behavior.
[ 2020 c 309 s 3. ]
(1)(a) Beginning July 1, 2021, each covered employer shall implement a plan to prevent and protect employees from abusive conduct, to assist employees working in environments with challenging behavior, and work to resolve issues impacting the provision of personal care. This plan should be reviewed and updated as necessary and at least once every three years. The plan shall be developed and monitored by a workplace safety committee. The members of the workplace safety committee shall consist of individuals that are employee-elected, employer-selected, and include at least one service recipient representative. The number of employee-elected members shall equal or exceed the number of employer-selected members. A labor management committee established by a collective bargaining agreement that receives formal input from representatives of service recipients who wish to participate in the committee's deliberations shall be sufficient to fulfill the requirement for a workplace safety committee in this chapter.
(b) If a workplace safety committee does not have the requisite number of employee-elected members or service recipient representatives because employees or service recipient representatives do not wish to participate in the workplace safety committee, the covered employer will be considered in compliance with the requirement to have a workplace safety committee if the covered employer has documented evidence showing it was unable to get employees or a service recipient representative to participate in the workplace safety committee.
(2) The plan developed under subsection (1) of this section, at a minimum, must include:
(a) Processes for intervening and providing assistance to an employee directly affected by challenging behavior including accessing technical assistance or similar resources, if available, to assist employees when challenging behavior occurs;
(b) Processes that covered employers may follow to engage appropriate members of the care team, such as case managers or health professionals when allegations of discrimination, abusive conduct, or challenging behaviors occur;
(c) The development of processes for reporting, intervening, and providing assistance to an employee directly affected by abusive conduct; and
(d) Processes covered employers may follow to engage the service recipient in problem resolution with the goal of ending abusive or discriminatory conduct while working to address issues impacting the provision of personal care.
(3) Each covered employer and workplace safety committee must annually review the frequency of incidents of discrimination and abusive conduct in the home care setting, including identification of the causes for, and consequences of, abusive conduct and any emerging issues that contribute to abusive conduct. As part of its annual review, the workplace safety committee must also review the number of miscategorizations in aggregate. The covered employer must adjust the plan developed under subsection (1) of this section as necessary based on this annual review.
(4) In developing the plan required by subsection (1) of this section, the covered employer shall consider any guidelines on violence in the workplace or in health care settings issued by the department of health, the department of social and health services, the department of labor and industries, the federal occupational safety and health administration, and the work group created in RCW 49.95.060.
(5) Nothing in this chapter requires an individual recipient of services to develop or implement the plan required by this section.
[ 2020 c 309 s 4. ]
(1)(a) Covered employers must inform an employee of instances of discrimination and abusive conduct occurring in or around the service recipient's home care setting prior to assigning the employee to that service recipient, and throughout the duration of service, if those instances are:
(i) Documented by the covered employer; or
(ii) Documented by the department of social and health services and communicated to the covered employer.
(b) Covered employers must inform an employee, prior to assigning the employee to a service recipient, of a service recipient's challenging behavior that is documented:
(i) In the service recipient's care plan;
(ii) By the covered employer; or
(iii) By the department of social and health services and communicated to the covered employer.
(2)(a) Communication of the information in subsection (1) of this section must be tailored to respect the privacy of service recipients in accordance with the federal health insurance portability and accountability act of 1996.
(b) Upon request of the service recipient, a covered employer must provide a copy of the information the covered employer communicated to the employee under subsection (1) of this section.
(3) If a covered employer miscategorizes an instance as discrimination or abusive conduct that should have been categorized as challenging behavior, or if a covered employer miscategorizes an instance as challenging behavior that should have been categorized as discrimination or abusive conduct, the covered employer must correct the categorization, correct how the instance was reported under RCW 49.95.050, and comply with any provisions under this chapter applicable to addressing the behavior or conduct.
(4) A covered employer may not terminate an employee, reduce the pay of an employee, or not offer future assignments to an employee for requesting reassignment due to alleged discrimination, abusive conduct, or challenging behavior.
(5) Nothing in this section prevents a covered employer from:
(a) Disciplining or terminating an employee if an allegation or request for reassignment was reasonably determined to be false or not made in good faith;
(b) Terminating an employee or reducing hours due to lack of suitable work; or
(c) Disciplining or terminating an employee for lawful reasons unrelated to their request for reassignment.
(6) Nothing in this section requires an individual recipient of services to provide information required by this section to an employee. Nothing in this chapter shall limit the rights of a recipient of services under chapter 74.39A RCW to select, dismiss, assign hours, and supervise the work of individual providers as in RCW 74.39A.500(1)(b).
[ 2020 c 309 s 5. ]
(1) Covered employers are required to keep a record of any reported incidents of discrimination or abusive conduct experienced by an employee during the provision of paid personal care services. The records must be kept for at least five years following the reported act and must be made available for inspection by the department or its agents upon request. If the covered employer makes its records available to the exclusive bargaining representative representing the employer's employees, the exclusive bargaining representative may assess whether the employer is meeting the data collection requirements in this section. The department must take into consideration the exclusive bargaining representative's assessment when determining whether an employer is in compliance with this section. Covered employers must make anonymized aggregate data of reported incidents available to the work group created under RCW 49.95.060.
(2) The retained records must include:
(a) The covered employer's name and address;
(b) The date, time, and location of where the act occurred;
(c) The reporting method;
(d) The name of the person who experienced the act;
(e) A description of the person committing the act as:
(i) A service recipient;
(ii) Another resident of the home care setting;
(iii) A visitor to the home care setting;
(iv) Another employee;
(v) A manager or supervisor; or
(vi) Other;
(f) A description of the type of act as one or more of the following:
(i) Discrimination, including discriminatory harassment;
(ii) Sexual harassment, inappropriate sexual behavior, or sexual contact;
(iii) Physical sexual aggression;
(iv) Rape or attempted rape;
(v) Workplace verbal aggression;
(vi) Workplace violence;
(vii) Workplace physical aggression; or
(viii) Aggravated workplace violence;
(g) A description of the actions taken by the employee and the covered employer in response to the act; and
(h) A description of how the incident was resolved.
(3) Nothing in this section requires an individual recipient of services to keep, collect, or provide any data required by this section to the department.
(4) Communication of the information in this section must be tailored to respect the privacy of service recipients in accordance with the federal health insurance portability and accountability act of 1996.
[ 2020 c 309 s 6. ]
(1) The department of social and health services must convene a stakeholder work group to recommend policy changes and best practices for training employers, long-term care workers, and service recipients to keep home care settings free from discrimination and abusive conduct while maintaining the ability for individuals who need services to access needed services while maintaining the ability to provide services.
(2) To the extent practicable, the following groups should be represented in the work group, each group may have one representative, unless otherwise specified:
(a) The department of social and health services;
(b) The department of labor and industries;
(c) The Washington state human rights commission;
(d) Two representatives of covered employers, one of which is chosen by the association which represents home care agencies which contract with area agencies on aging for medicaid home care services, and one of which is representative of the consumer directed employer;
(e) Two representatives from labor organizations representing employees;
(f) Two long-term care workers that work for a covered employer;
(g) Organizations with at least five years of experience providing training to at least ten thousand long-term care workers;
(h) Two representatives of disability advocacy organizations, at least one of whom represents individuals with developmental disabilities;
(i) Three service recipients, at least one of whom lives with a developmental disability and one of whom is over age sixty-five;
(j) A family member or guardian of a service recipient;
(k) Area agencies on aging; and
(l) No more than three subject matter experts determined to be necessary by the work group.
(3) In developing the report required by subsection (4) of this section, the work group shall consider:
(a) Using new employee orientation to emphasize the prevention of discrimination and abusive conduct;
(b) The extent to which current training content could be modified to cover content within existing hours of required training such as basic, modified basic, and/or continuing education;
(c) Requiring training about discrimination and abusive conduct for all employees;
(d) Interactive teaching strategies that engage across multiple literacy levels;
(e) Factors that are predictive of discrimination and abusive conduct;
(f) The violence escalation cycle;
(g) De-escalation techniques to minimize abusive conduct or challenging behavior;
(h) Strategies to prevent physical harm with hands-on practice or role play;
(i) How incorporating information on trauma-informed care could improve the effectiveness of training and reduce interruptions to the provision of personal care;
(j) How incorporating person-centered planning practices could minimize challenging behaviors and reduce interruptions to the provision of personal care;
(k) Best practices for documenting and reporting incidents;
(l) The debriefing process for affected employees following violent acts;
(m) Resources available to employees for coping with the effects of violence;
(n) Culturally competent peer-to-peer training for the prevention of discrimination and abusive conduct;
(o) Best practices for training service recipients on preventing discrimination and abusive conduct in the home care setting;
(p) Best practices for training direct supervisors on preventing and responding to reports of discrimination and abusive conduct in the home care setting;
(q) Recommended best practices for workplace safety committees referenced in RCW 49.95.030 and recommended topics to be included in prevention plans required in RCW 49.95.030;
(r) Other policy changes that will reduce discrimination and abusive conduct in the workplace and best prepare employees to work in environments where challenging behavior occurs; and
(s) Other best practices from trainings developed in other states or for other industries to prevent discrimination and abusive conduct in home care settings or the workplace.
(4) By December 1, 2021, the work group must submit to the legislature a report with recommendations for training long-term care workers, agency supervisors, and service recipients in order to prevent discrimination and abusive conduct in the workplace, minimize challenging behaviors, and reduce interruptions to the provision of personal care. The report must also address issues regarding the continuation of collecting and reviewing data, the future role of the work group, and how the work group is measuring the efficacy of its recommendations. The report may inform the prevention plans required in RCW 49.95.030.
[ 2020 c 309 s 7. ]
(1) The department may conduct investigations to ensure compliance when information is obtained that a covered employer may be committing a violation under this chapter or in response to complaints from employees or employee representatives for the following requirements of this chapter:
(a) A written policy as required by RCW 49.95.020 that includes the minimum elements under RCW 49.95.020(2) and is updated annually;
(b) The written policy is provided to employees in accordance with RCW 49.95.020(1) (a) through (c) and (e);
(c) A current plan as required by RCW 49.95.030 that includes the minimum elements under RCW 49.95.030(2);
(d) The prior notice requirement under RCW 49.95.040(1);
(e) The recordkeeping and retention requirements under RCW 49.95.050; and
(f) The retaliation prohibition under RCW 49.95.040(4) upon receipt of a complaint by an employee who believes that he or she was subject to retaliation.
(2) The department may prioritize investigations as needed to allow for timely resolution.
(3) Nothing in this chapter limits the department's ability to investigate under any other authority.
(4) Nothing in this chapter limits a worker's right to pursue private legal action.
(5) Nothing in this chapter authorizes the department to investigate individual allegations of harassment, abuse, or discrimination made by employees against recipients of care or other individuals.
(6) The department of social and health services and its agents shall not be liable for the acts or omissions of a covered employer that are in violation of this chapter.
(7) Covered employers shall not be liable for the acts or omissions of the department of social and health services or agents thereof that are in violation of this chapter.
(8) Failure of a covered employer to comply with the requirements under subsection (1)(a) though (e) of this section shall subject the covered employer to citation under chapter 49.17 RCW. Claims of retaliation under subsection (1)(f) of this section are subject to the provisions of RCW 49.17.160.
[ 2020 c 309 s 8. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Casual labor" means work that is irregular, uncertain, and incidental in nature and duration, and is different in nature from the type of paid work in which the worker is customarily engaged in.
(2) "Department" means the department of labor and industries.
(3) "Director" means the director of the department.
(4)(a) "Domestic worker" includes any person who:
(i) Is an hourly employee, salaried employee, or independent contractor;
(ii) Receives payment from a hiring entity for the work or services described in (a)(iii) of this subsection for four or more hours in any month; and
(iii) Works or provides services in one or more private residences as a nanny, child care provider, home care worker, personal care provider, housekeeper or cleaner, cook, gardener, or household manager.
(b) "Domestic worker" does not include:
(i) A person performing casual labor in or about a private residence, unless the work is performed in the course of the hiring entity's trade, business, or profession;
(ii) A person performing babysitting on an irregular and uncertain basis that is incidental in nature and duration;
(iii) A person performing pet sitting, dog walking, or house sitting who is not also performing the work described in (a)(iii) of this subsection;
(iv) An individual provider, as defined in RCW 74.39A.240, or any provider employed by a home care agency as defined in RCW 70.127.010 if the home care agency receives funds through chapter 74.39A RCW; or
(v) A person in a family relationship with, or who is a family member of, the hiring entity.
(5) "Family member" and "family relationship" must be liberally construed to include, but not be limited to, a parent, child, sibling, aunt, uncle, cousin, grandparent, grandchild, grandniece, or grandnephew, or such relatives when related by marriage.
(6)(a) "Hiring entity" means any person, group of persons, partnership, association, corporation, business trust, employer as defined in RCW 49.46.010, or any combination thereof, that provides payment to a domestic worker for the domestic worker's work or services.
(b) "Hiring entity" does not include state agencies or home care agencies as defined in RCW 70.127.010 if the home care agency receives funds through chapter 74.39A RCW.
[ 2026 c 15 s 1. ]
NOTES:
Effective date—2026 c 15: "This act takes effect July 1, 2027." [ 2026 c 15 s 17.]
(1) A hiring entity shall pay the domestic worker compensation at a rate that is equal to or greater than the minimum hourly rate established by the department under RCW 49.46.020.
(2) A hiring entity shall pay the domestic worker overtime compensation at a rate of not less than one and one-half times the worker's regular rate of pay for hours worked in excess of 40 hours in a workweek.
(3)(a) A hiring entity may not:
(i) Collect or receive from a domestic worker a rebate of any part of the compensation paid by the hiring entity to the domestic worker; or
(ii) Willfully, with intent to deprive the domestic worker of any part of the domestic worker's compensation, pay a domestic worker a lower rate of compensation than what the hiring entity is obligated to pay the domestic worker by agreement or contract.
(b) This subsection does not make it unlawful for a hiring entity to withhold or divert any portion of a domestic worker's compensation when required or empowered to do so by state or federal law or when a deduction has been expressly authorized in writing in advance by the domestic worker for a lawful purpose accruing to the benefit of such domestic worker. Any withholdings must be documented in writing by the hiring entity.
(4) This section must be enforced as a wage payment requirement under chapter 49.48 RCW.
(5) This section does not apply where a domestic worker voluntarily provides additional home care in excess of a written agreement between only the domestic worker and a family member to whom the domestic worker is providing services.
[ 2026 c 15 s 2. ]
NOTES:
Effective date—2026 c 15: See note following RCW 49.96.010.
(1) A hiring entity shall specify the terms for a domestic worker's position or services and the domestic worker's rate of pay in a written agreement. If applicable for the position or services or if otherwise provided by the hiring entity, the written agreement must also include work schedules, rate of pay for additional duties, payroll deductions, transportation costs and benefits, severance benefits, health insurance coverage and costs, any applicable fees and costs for the domestic worker associated with expectations for the work, and any sick, vacation, personal, and holiday leave benefits.
(2) The written agreement must be in a language or languages understood by the worker and hiring entity. The hiring entity shall provide the domestic worker with a copy of the written agreement and a disclosure of rights specified in RCW 49.96.040.
(3)(a) Except as provided in (b) of this subsection, the hiring entity shall provide a minimum two-week written notification period before termination of the domestic worker's position or services. For a live-in domestic worker, the hiring entity shall provide a minimum four-week written notification period before termination of the domestic worker's position or services.
(b) The notification requirements in (a) of this subsection do not apply if:
(i) The applicable work performed by the domestic worker was on a casual labor basis;
(ii) The domestic worker was hired on a one-time or intermittent basis without an expectation of ongoing work;
(iii) The termination occurs during an agreed-upon probationary period;
(iv) The termination is based on a good faith belief that the domestic worker engaged in misconduct as defined in RCW 50.04.294;
(v) The termination is caused by circumstances outside of the hiring entity's control, including death;
(vi) The hiring entity and domestic worker agree that the applicable care needs have significantly changed and cannot be addressed by the current position or services; or
(vii) The domestic worker becomes unable to fulfill the requirements of the position or services as provided in the written agreement.
(c) If a hiring entity does not provide the notification required under this subsection (3), the hiring entity shall provide the domestic worker with severance pay in the amount of the worker's standard rate of pay multiplied by the regular number of hours worked over the period of time during which the required notification was not provided. For purposes of this subsection, "standard rate of pay" means the agreed-upon rate of pay between the hiring entity and domestic worker, as reflected in the written agreement.
(4) A hiring entity shall create and maintain records documenting hours worked, rate of pay, and, if applicable, the leave time earned and used. If a complaint is filed with the department, the hiring entity shall make the records and the written agreement accessible to the department.
(5) The department or the court shall maintain the confidentiality of all records it obtains in connection with enforcement activities to the full extent permitted by law.
[ 2026 c 15 s 3. ]
NOTES:
Effective date—2026 c 15: See note following RCW 49.96.010.
(1) The department shall develop and make available a model disclosure statement describing a hiring entity's obligations and a domestic worker's rights under this chapter in at least eight of the most commonly spoken languages in the state. The model disclosure must also include a telephone number and an address of the department to enable domestic workers to seek information regarding and enforcement of their rights.
(2) For purposes of implementing RCW 49.96.030, the department shall develop and make available a model written agreement, which describes a hiring entity's obligations and a domestic worker's rights under chapter 15, Laws of 2026 in at least eight of the most commonly spoken languages in the state.
[ 2026 c 15 s 4. ]
NOTES:
Effective date—2026 c 15: See note following RCW 49.96.010.
(1) A hiring entity may not:
(a) Subject a domestic worker to conduct or allow a domestic worker to be subjected to conduct that creates an intimidating, hostile, or offensive work environment with the purpose or effect of unreasonably interfering with the domestic worker's performance;
(b) Require or request that a domestic worker allow the hiring entity to take or maintain possession, or allow another person to take or maintain possession, of any of a domestic worker's personal effects including, but not limited to, any legal documents, forms of identification, passports, or immigration documents;
(c) Monitor or record, or allow another person to monitor or record, through any means, the activities of a domestic worker using a bathroom or similar facility, of a domestic worker in the domestic worker's private living quarters, or while the domestic worker is engaged in personal activities associated with dressing or changing clothes;
(d) Monitor, record, or interfere, or allow another person to monitor, record, or interfere, with the private communications of a domestic worker;
(e) Request, direct, or require, as a condition of work, that a domestic worker waive the worker's rights under federal, state, or local law; or
(f) Request, direct, or require, as a condition of work, that the domestic worker agree to a mandatory predispute arbitration clause for claims of their legal rights, a nondisclosure or nondisparagement agreement that inhibits the domestic worker from pursuing claims or complaints under this chapter, or a noncompete agreement preventing a domestic worker from working for other hiring entities or in other residences following the termination or conclusion of the domestic worker's work for the hiring entity.
(2) The department may adopt rules to establish additional remedies for violations of this section. The department may apply RCW 49.96.060 through 49.96.090 to enforce any remedies established under this section.
[ 2026 c 15 s 5. ]
NOTES:
Effective date—2026 c 15: See note following RCW 49.96.010.
(1) A hiring entity may not interfere with, restrain, or deny the exercise of any right under this chapter by using a domestic worker's exercise of said right as a negative factor in any employment action or other similar action.
(2)(a) A hiring entity may not take any adverse action against a domestic worker for exercising or attempting to exercise a right under this chapter including, but not limited to, any of the following in connection with this chapter: Instituting or filing a complaint or action; participating in a proceeding; organizing or communicating with other domestic workers on their rights; or disclosing the worker's own immigration status.
(b) For purposes of this subsection, "adverse action" includes:
(i) Subjecting the domestic worker to discipline;
(ii) Terminating, suspending, or demoting the domestic worker, or denying the domestic worker a promotion;
(iii) Reducing the number of work hours for which the domestic worker is scheduled;
(iv) Altering the domestic worker's preexisting work schedule;
(v) Reducing the domestic worker's rate of pay;
(vi) Threatening to take or taking action based upon the immigration status of a domestic worker or a domestic worker's family member; and
(vii) Communicating, directly or indirectly, to the domestic worker the hiring entity's willingness or intent to report the suspected citizenship or immigration status of the domestic worker or the domestic worker's family member to a federal, state, or local agency or other applicable entity.
(c) There is a rebuttable presumption that the hiring entity violated this subsection (2) if the hiring entity takes an adverse action against a domestic worker within 90 calendar days of the domestic worker's exercise of rights protected under this chapter. However, in the case of seasonal work that ended before the close of the 90 calendar day period, the presumption also applies if the hiring entity fails to rehire a former domestic worker at the next opportunity for work in the same position. The hiring entity may rebut the presumption with clear and convincing evidence that the adverse action was taken for a permissible purpose.
(3)(a) The department may conduct an investigation if a domestic worker files a complaint with the department alleging a violation of this section. The department may not investigate any alleged violation occurring more than 180 days before the date that the domestic worker filed the complaint, unless the department determines an extension is warranted based on recognized equitable principles or the presence of extenuating circumstances, which may include, but are not limited to, the presence of evidence suggesting that the hiring entity concealed misconduct or misled the domestic worker.
(b) If the department discovers evidence of other violations not included in the complaint while investigating the complaint, the department may investigate and take appropriate enforcement action without requiring the domestic worker to file a new or separate complaint.
(c) If a domestic worker files a timely complaint with the department, the department may investigate the complaint and issue either a citation and notice of assessment or a determination of compliance within 90 days after the date on which the department received the complaint, unless the complaint is otherwise resolved. The department may extend the period under this subsection by providing advance written notice to the domestic worker and the hiring entity setting forth good cause for an extension of the period and specifying the duration of the extension.
(d) The department may consider a complaint to be otherwise resolved when the domestic worker and the hiring entity reach a mutual agreement to remedy the adverse action, or the domestic worker voluntarily and on the domestic worker's own initiative withdraws the complaint.
(e) If the department finds that the domestic worker's allegation cannot be substantiated, the department may issue a determination of compliance to the domestic worker and the hiring entity detailing such finding.
(f) If the department's investigation finds that the hiring entity violated this section and the complaint is not otherwise resolved, the department may notify the hiring entity that the department intends to issue a citation and notice of assessment, and may provide up to 30 days after the date of such notification for the hiring entity to take corrective action to remedy the adverse action. If the complaint is not otherwise resolved, then the department may issue a citation and notice of assessment.
(g) When issuing a citation and notice of assessment under this section, the department may order the hiring entity to:
(i) Pay the domestic worker earnings that the domestic worker did not receive due to the hiring entity's adverse action, including interest of one percent per month calculated from the first date earnings were owed to the domestic worker;
(ii) Restore the domestic worker to the position held by the domestic worker when the adverse action occurred, or restore the domestic worker to an equivalent position with equivalent work hours, work schedule, benefits, pay, and other terms and conditions; and/or
(iii) Pay the department a civil penalty, which must be the greater of $1,000 or an amount equal to 10 percent of the total amount of unpaid earnings attributable to the adverse action, provided that the penalty may not exceed $20,000 for the first violation or $40,000 for a repeat violation.
(h) If the department issues a citation and notice of assessment or determination of compliance, the department shall send the citation and notice of assessment or determination of compliance to both the hiring entity and the domestic worker by service of process or using a method by which the mailing can be tracked or the delivery can be confirmed to their last known addresses.
(4)(a) A hiring entity or domestic worker aggrieved by a citation and notice of assessment or a determination of compliance under this section may submit a request for reconsideration to the department setting forth the grounds for such reconsideration, or if applicable, submit an appeal to the director under RCW 49.96.080.
(b) A request for reconsideration must be made within 30 days of receipt of the citation and notice of assessment or the determination of compliance. If the department receives a timely request for reconsideration, the department shall either accept the request or treat the request as a notice of appeal under RCW 49.96.080.
(c) If a request for reconsideration is accepted, the department shall send notice of the request for reconsideration to the hiring entity and the domestic worker. The department shall determine if there are any valid reasons to reverse or modify the department's original citation and notice of assessment or determination of compliance within 30 days of receipt of such request. The department may extend this period by providing advance written notice to the hiring entity and domestic worker setting forth good cause for an extension of the period and specifying the duration of the extension.
(d) After reviewing the request for reconsideration, the department shall:
(i) Notify the hiring entity and domestic worker that the citation and notice of assessment or determination of compliance is affirmed; or
(ii) Notify the hiring entity and domestic worker that the citation and notice of assessment or determination of compliance has been reversed or modified.
(e) A request for reconsideration submitted to the department stays the effectiveness of the citation and notice of assessment or determination of compliance pending the decision by the department.
[ 2026 c 15 s 6. ]
NOTES:
Effective date—2026 c 15: See note following RCW 49.96.010.
(1)(a) The department may conduct an investigation if a domestic worker files a complaint with the department alleging a violation of this chapter, excluding violations for RCW 49.96.020 which is enforced under chapter 49.48 RCW and RCW 49.96.060 which is enforced under said section. If the department discovers evidence of other violations not included in the complaint while investigating the complaint, the department may investigate and take appropriate enforcement action without requiring the domestic worker to file a new or separate complaint.
(b) The department may not investigate any alleged violation occurring more than three years before the date that the domestic worker filed the complaint.
(c) If a domestic worker files a timely complaint with the department, the department may investigate the complaint and issue either a citation assessing a civil penalty or a closure letter within 90 days after the date on which the department received the complaint. The department may extend the period by providing advance written notice to the domestic worker and the hiring entity setting forth good cause for an extension of the period and specifying the duration of the extension.
(2) If the department finds that the domestic worker's allegation cannot be substantiated or that the complaint is otherwise resolved, the department shall issue a closure letter to the domestic worker and the hiring entity detailing such finding. The department may consider a complaint to be resolved if the domestic worker and the hiring entity reach a mutual agreement to remedy an alleged violation, or if the domestic worker voluntarily and on the domestic worker's own initiative withdraws the complaint.
(3)(a) If the department finds a violation has occurred, the department may order the hiring entity to pay the department a civil penalty as follows:
(i) $1,000 for a willful violation of this chapter;
(ii) No less than $2,000 and no greater than $20,000 for each repeat willful violation.
(b) The department may not issue a citation assessing a civil penalty under this subsection if the hiring entity reasonably relied on:
(i) A written order, ruling, approval, opinion, advice, determination, or interpretation of the director; or
(ii) An interpretive or administrative policy issued by the department and filed with the office of the code reviser. In accordance with the department's retention schedule obligations under chapter 40.14 RCW, the department shall maintain a complete and accurate record of all written orders, rulings, approvals, opinions, advice, determinations, and interpretations for purposes of determining whether a hiring entity is immune from civil penalties under this subsection.
(4) The department may, at any time, waive or reduce a civil penalty assessed under this section if the department determines that the hiring entity has taken corrective action.
(5) The department shall send the citation and notice of assessment or the closure letter to both the hiring entity and the domestic worker by service of process or using a method by which the mailing can be tracked or the delivery can be confirmed to their last known addresses.
(6) For purposes of this section, the following definitions apply:
(a) "Repeat willful violator" means any hiring entity that has been the subject of a final and binding citation for a willful violation of one or more rights under this chapter, and all applicable rules, within three years of the date of issuance of the most recent citation for a willful violation of one or more such rights.
(b) "Willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute.
[ 2026 c 15 s 7. ]
NOTES:
Effective date—2026 c 15: See note following RCW 49.96.010.
(1) Any hiring entity or other person aggrieved by a citation assessing a civil penalty, a determination of compliance, or other order issued by the department under this chapter may appeal the citation, determination, or order to the director by filing a notice of appeal with the director within 30 days of the department's issuance of the assessment. A citation, determination, or order not appealed within 30 days is final and binding, and not subject to further appeal.
(2) A notice of appeal filed with the director under this section stays the effectiveness of the citation, determination, or order pending final review of the appeal by the director as provided in chapter 34.05 RCW.
(3) Upon receipt of a notice of appeal, the director shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order. The hearing and review procedures must be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation or order must be de novo. Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within 30 days after service of the initial order. The director shall conduct the administrative review in accordance with chapter 34.05 RCW.
(4) The director shall issue all final orders after appeal of the initial order. The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.
(5) A hiring entity that fails to allow adequate inspection of records in an investigation by the department within a reasonable time period may not use such records in any appeal under this section to challenge the correctness of any determination by the department of penalties assessed.
[ 2026 c 15 s 8. ]
NOTES:
Effective date—2026 c 15: See note following RCW 49.96.010.
(1) Collections of unpaid citations and penalties administered under this chapter must be handled pursuant to the procedures in RCW 49.48.086.
(2) The department shall deposit civil penalties paid under this chapter into the supplemental pension fund established in RCW 51.44.033.
[ 2026 c 15 s 9. ]
NOTES:
Effective date—2026 c 15: See note following RCW 49.96.010.
A domestic worker injured by a violation of this chapter may bring a civil action in a court of competent jurisdiction to recover the actual damages sustained by the worker, plus reasonable attorneys' fees and costs.
[ 2026 c 15 s 10. ]
NOTES:
Effective date—2026 c 15: See note following RCW 49.96.010.
This chapter establishes minimum standards and rights of domestic workers in this state. Any standards and rights established by any other applicable federal, state, or local law or rule that are more favorable to domestic workers than the minimum standards and rights established by this chapter are not affected by this chapter and remain in full force and effect and may be enforced as provided by law. The remedies provided by this chapter are not exclusive and are concurrent with any other remedy provided by law.
[ 2026 c 15 s 11. ]
NOTES:
Effective date—2026 c 15: See note following RCW 49.96.010.
The department may adopt rules necessary to implement and enforce this chapter.
[ 2026 c 15 s 12. ]
NOTES:
Effective date—2026 c 15: See note following RCW 49.96.010.
(1) The legislature finds that immigrant workers contribute to Washington state's strong economy. According to research from the immigration research initiative, immigrants account for 15 percent of the population in Washington state, yet contribute 21 percent of economic output, or gross domestic product (GDP). Immigrant workers contribute an estimated $145,000,000,000 to Washington state's GDP per year.
(2) The legislature finds that civil immigration enforcement through workplace raids conducted by the federal government is disruptive to families and communities, reduces community safety, and is ineffective at deterring illegal conduct by employers or raising standards for workers.
(3) The legislature finds that employers could benefit from clarity about their rights and responsibilities when engaging with federal agencies that conduct form I-9 inspections. The legislature seeks to provide resources and support to employers about their rights and the rights of their workers.
(4) The legislature finds that protecting Washingtonians who are abiding by our state laws and keeping families together is an urgent statewide priority.
(5) The legislature therefore intends to require Washington employers to provide notice to workers in the event of a form I-9 inspection and provide additional protections and support for workers and employers.
[ 2026 c 240 s 1. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Affected worker" means a worker identified by the federal agency inspection results to be a worker who may lack federal work authorization, or a worker whose federal work authorization documents or form I-9 have been identified by the federal agency inspection results to have deficiencies.
(2) "Employ" means to suffer or permit to work.
(3) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more workers, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.
(4) "Federal agency" means an agency of the United States government that enforces or aids in enforcing United States federal civil immigration laws or employment eligibility inspections, including but not limited to any person or class of persons authorized to perform the functions of an immigration officer as defined in the immigration and nationality act, without regard to the agency for whom the person is employed. Officials from the United States department of homeland security, department of justice immigrant and employee rights section or its successor, and department of labor are included in this definition when on duty.
(5) "Form I-9" refers to the United States citizenship and immigration services employment eligibility verification form used by employers to comply with 8 U.S.C. Sec. 1324a(b) to verify the identity and work authorization of employees or any successor form used by employers for the same purposes under federal law.
(6) "Worker" means any person employed by an employer.
(7) "Worker records" means documentation that includes a worker's first name or first initial and last name in combination with any one or more of the following data elements: (a) Social security number; (b) driver's license number or Washington identification card number; (c) residential address; (d) student, military, or passport identification number; (e) biometric data generated by automatic measurements of an individual's biological characteristics such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that is used to identify a specific individual; (f) information that includes a geolocation component that could be used to identify a worker's location. "Worker records" also includes documentation that includes the first name or first initial and last name of a family member of a worker in combination with the data elements outlined in this subsection.
(8) "Worker's authorized representative" means an exclusive collective bargaining representative.
[ 2026 c 240 s 2. ]
(1) By September 1, 2026, the attorney general shall develop and make available on its website the following:
(a) A poster for employers to inform workers of the notice requirements in RCW 49.97.050 and 49.97.060 in English and the five most commonly used non-English languages in the state. The poster must include space for an employer to provide information on where they will post notices and otherwise communicate notices required under RCW 49.97.050 and 49.97.060; and
(b) A model notice for employers to use for complying with the notice requirement under RCW 49.97.050 in English and the five most commonly used non-English languages in the state. The model notice must:
(i) Include either a template or itemized options, or both, for the employer to identify the following elements without requiring the use of translation services: (A) The name of the federal agency that will be conducting the inspection; (B) the date that the employer received notice of the inspection; and (C) the types of records sought and any other identified purposes of the inspection;
(ii) Allow for the employer to include, attach, or otherwise provide a link to a copy of the notice of inspection; and
(iii) Include contact information for a statewide organization that provides information and advocacy related to immigrant and refugee rights; and
(c) Guidance describing employers' rights to restrict a federal agency from accessing nonpublic areas in a place of labor and from accessing or obtaining certain worker records without a subpoena or judicial warrant, which must be in English and the five most commonly used non-English languages in the state.
(2) Through October 1, 2027, the attorney general shall conduct outreach to businesses, employers, and community members to provide information and guidance on the requirements of this chapter.
[ 2026 c 240 s 3. ]
Every employer shall post and keep posted, in a conspicuous place or places on the premises of the employer where notices to workers are customarily posted, the poster required under RCW 49.97.030(1)(a).
[ 2026 c 240 s 4. ]
NOTES:
Effective date—2026 c 240 ss 4-10: "Sections 4 through 10 of this act take effect October 1, 2026." [ 2026 c 240 s 16.]
(1) Within five business days of receiving notification from a federal agency of any inspection of I-9 forms and any related worker records, an employer shall provide a written notice to each worker and the worker's authorized representative, if any.
(2) The notice under this section must include:
(a) A copy of the notice of inspection from the federal agency; and
(b) The following information in English and the five most commonly used non-English languages in the state:
(i) The name of the federal agency which will be conducting the inspection;
(ii) The date that the employer received notice of the inspection;
(iii) The types of records sought and the other identified purposes of the inspection to the extent known by the employer; and
(iv) Contact information for a statewide organization that provides information and advocacy related to immigrant and refugee rights, which must be identified and approved by the attorney general for purposes of this requirement.
(3) An employer may use the model notice under RCW 49.97.030(1)(b) for purposes of subsection (2) of this section. If an employer uses the model notice in accordance with the instructions provided by the attorney general, then the employer has satisfied the requirements of subsection (2) of this section for purposes of any action under RCW 49.97.090 or 49.97.100.
(4) The employer shall provide the notice required under this section by:
(a) Posting and maintaining the posting through the completion of the inspection in conspicuous places on the premises of the employer where notices to workers are customarily posted; and
(b) Transmitting the notice directly to workers using the primary method of communication typically used by the employer, which must include at least one of the following: Hand delivery to the worker; mail with proof of delivery; email with proof of transmission; or text message sent telephonically, which may include a link to a notice maintained on a web page, with proof of transmission. Acceptable forms of proof of transmission or delivery, which are rebuttable include, but are not limited to: Mail with proof of sending; dated electronic transmission; posting with time-stamped photographs; or other reasonable records maintained in the ordinary course of business to demonstrate notice to workers of employment related matters.
[ 2026 c 240 s 5. ]
NOTES:
Effective date—2026 c 240 ss 4-10: See note following RCW 49.97.040.
(1) Within five business days of its receipt of a written notice of results of an inspection of I-9 forms and any related worker records by a federal agency, an employer shall:
(a) Provide to each affected worker and the worker's authorized representative, if any, a copy of the written notice from the federal agency;
(b) Provide to each affected worker and the worker's authorized representative, if any, a written notice of the obligations of the employer and the affected worker arising from the results of the inspection of I-9 forms and any related worker records, which must be written in the language most regularly used to communicate between the employer and the affected worker; and
(c) Provide to each affected worker and the worker's authorized representative, if any, the following information, which must be written in the language most regularly used to communicate between the employer and the affected worker:
(i) A description of any deficiencies or other items identified in the written immigration inspection results notice related to the affected worker;
(ii) The time period for correcting any potential deficiencies identified by the federal agency;
(iii) A mutually agreed upon time and date, or options for times and dates, within the allotted correction period, for a meeting with the employer to correct any identified deficiencies; and
(iv) Notice that the worker has the right to representation during any meeting scheduled with the employer.
(2) The information provided to the worker under this section must relate to the affected worker only. The employer must redact any other workers' personal information as defined in RCW 19.255.005.
(3) The employer shall transmit the information required by this section to the affected worker and the worker's authorized representative using the primary method of communication typically used by the employer, which must include at least one of the methods identified under RCW 49.97.050(4)(b).
(4) This section does not modify or limit a collective bargaining agreement requiring shorter time frames for a notice than those provided under this section.
[ 2026 c 240 s 6. ]
NOTES:
Effective date—2026 c 240 ss 4-10: See note following RCW 49.97.040.
(1) Employers are not required by law to perform form I-9 self-audits. Any form I-9 self-audit must comply with all applicable federal, state, and local antidiscrimination and antiretaliation laws including, but not limited to: 8 U.S.C. Sec. 1324b, 29 U.S.C. Secs. 201–219, 29 U.S.C. Secs. 151–169, 42 U.S.C. Sec. 2000e et seq., chapter 49.60 RCW, and chapter 49.46 RCW. Any form I-9 self-audit must also comply with applicable collective bargaining agreements.
(2) An employer may not impose work authorization verification or reverification requirements greater than those required by federal law.
[ 2026 c 240 s 7. ]
NOTES:
Effective date—2026 c 240 ss 4-10: See note following RCW 49.97.040.
(1) It is unlawful for an employer to interfere with, restrain, or deny the exercise of any worker's rights provided under or in connection with this chapter. This means an employer may not use a worker's exercise of any of the rights provided under this chapter as a negative factor in any employment action such as evaluation, promotion, or termination, or otherwise subject a worker to discipline for the exercise of any rights provided under this chapter, except that an employer is not prohibited from taking actions required by state or federal law.
(2) It is unlawful for an employer to take any adverse action against a worker because the worker has exercised their rights provided under this chapter. Such rights include, but are not limited to: Filing a complaint or action, or instituting or causing to be instituted any proceeding under or related to this chapter; participating in any investigation or proceeding regarding any rights provided under this chapter; or testifying or intending to testify in any such proceeding related to any rights provided under this chapter.
(3) "Adverse action" means any action taken or threatened by an employer against a worker for their exercise of rights under this chapter, which may include, but is not limited to:
(a) Denying access to, or delaying payment for, minimum wages, agreed or obligated wages, overtime wages, paid sick leave, piece rate compensation, commissions, nondiscretionary compensation or bonuses, all tips and gratuities, and all service charges, except those service charges itemized as not being payable to the worker or workers servicing the customer;
(b) Terminating, suspending, demoting, or denying a promotion;
(c) Reducing the number of work hours for which the worker is scheduled;
(d) Altering the worker's preexisting work schedule;
(e) Reducing the worker's rate of pay; or
(f) Threatening to take, or taking action, based upon the immigration status of a worker or a worker's family member.
[ 2026 c 240 s 8. ]
NOTES:
Effective date—2026 c 240 ss 4-10: See note following RCW 49.97.040.
(1) The attorney general has the authority to:
(a) Resolve alleged violations of this chapter through conference and conciliation;
(b) Investigate potential violations of this chapter on its own initiative or in response to complaints; and
(c) Issue written civil investigative demands for documents, oral testimony, and answers to written interrogatories.
(2) Any personal information about a worker or a worker's family member, including names, in a complaint or investigation is confidential and exempt from public inspection, copying, or disclosure under chapter 42.56 RCW.
(3) The attorney general may pursue legal action in the name of the state to enjoin violations of this chapter, and obtain actual damages, statutory damages, and any other appropriate relief at law or equity, plus reasonable attorneys' fees and costs.
(a) For each violation of a notice requirement in RCW 49.97.050 or 49.97.060, the court shall order the employer to pay statutory damages to the attorney general in the amount of $500 for each instance where the employer failed to provide a notice satisfying the requirements of RCW 49.97.050 or 49.97.060 to a worker. The court shall double the statutory damages if it finds that the violation was willful.
(b) The court may waive or reduce the statutory damages under this section if the employer's violation was inadvertent, if the violation did not result in actual harm, and if the employer made prompt and good faith efforts to correct the violation.
[ 2026 c 240 s 9. ]
NOTES:
Effective date—2026 c 240 ss 4-10: See note following RCW 49.97.040.
(1) A worker, former worker, or a person injured by a violation of this chapter or an organization whose membership includes any such person may bring a private cause of action in superior court to enjoin further violations, recover damages, and seek any other equitable relief or appropriate remedy authorized by state or federal law, plus reasonable attorneys' fees and costs. If the court finds that an employer has violated this chapter, it shall award damages up to and including an amount equal to actual damages, or statutory damages equivalent to 40 times the hourly Washington state minimum wage as defined in RCW 49.46.020 per plaintiff per violation, whichever is greater.
(2) In determining the amount of statutory damages to award under this section, the court shall consider all relevant factors including, but not limited to:
(a) Whether the violation was committed willfully, knowingly, or intentionally, or whether the violation was inadvertent;
(b) Whether the employer made prompt and good faith efforts to correct the violation after learning of it;
(c) Whether the violation resulted in actual harm to the plaintiff;
(d) Whether the violation is a repeat violation;
(e) The size of the employer;
(f) The amount necessary to deter future noncompliance;
(g) The purposes of this chapter; and
(h) Any other factor deemed appropriate by the court.
[ 2026 c 240 s 10. ]
NOTES:
Effective date—2026 c 240 ss 4-10: See note following RCW 49.97.040.
This chapter may not be interpreted, construed, or applied to restrict or limit an employer's compliance with a memorandum of understanding governing the use of the federal E-Verify system or with federal law and regulations regarding employers' verification of workers' authorization.
[ 2026 c 240 s 11. ]
If any provision of this chapter or its application to any person or circumstance is found to be in conflict with any other federal or state law or otherwise held invalid, the conflicting or invalid provision is inoperative solely to the extent of such conflict or holding and the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. This chapter is not intended to limit or prohibit any employer from complying with any other state or federal law.
[ 2026 c 240 s 12. ]
Nothing in this chapter may be construed to limit or affect: (1) The right of any worker to pursue any judicial, administrative, or other action available with respect to an employer; (2) the department of labor and industries' authority to pursue any judicial, administrative, or other action available with respect to a worker; or (3) the department of labor and industries' authority to pursue any judicial, administrative, or other action available with respect to an employer.
[ 2026 c 240 s 13. ]
This act may be known and cited as the immigrant worker protection act.
[ 2026 c 240 s 14. ]
(1) The legislature finds and declares the following:
(a) High quality child care and early learning enable parents to go to work, keeping the economy going at all levels and returning six dollars in value for every one dollar invested. High quality early learning services help prepare children for success in school and in life. A high quality child care and early learning system depends on a thriving, healthy, and competitively compensated workforce. Current conditions for child care workers have resulted in lack of access, unaffordable prices, and poorer outcomes for children and families;
(b) Low compensation and poor working conditions impair the health, efficiency, and well-being of persons employed to provide child care, constitute unfair competition against other employers and their employees, threaten the stability of the child care market, create economic instability for providers, and result in a provider workforce that must rely in public and private assistance to support their own families;
(c) The fissured nature of child care workplaces exacerbates these conditions and create barriers preventing workers from being able to address these problems on their own; and
(d) Employment under these conditions threatens the health and well-being of the people of Washington and injures the overall economy.
(2) Therefore, it is the declared policy of the state that such working conditions for child care workers be eliminated as rapidly as practicable through establishment of a workforce standards board comprised of employer and worker representatives and state agency representatives to recommend minimum compensation and other employment standards.
[ 2026 c 148 s 1. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the Washington state child care workforce standards board established pursuant to this chapter.
(2)(a) "Child care employer" means any employer of child care workers.
(b) "Child care employer" does not include any private school approved under chapter 28A.195 RCW operating a preschool or otherwise providing child care or early learning services requiring a child care provider license or certification from the department of children, youth, and families.
(3)(a) "Child care worker" means any worker providing child care services, excluding administrative staff, at a child care provider licensed or certified by the department of children, youth, and families. "Child care worker" includes family child care providers as defined in RCW 41.56.030.
(b) "Child care worker" does not include any employee of a provider described under subsection (2)(b) of this section.
(4) "Department" means the department of labor and industries.
(5) "Director" means the director of the department of labor and industries or the director's designee.
(6) "Employer organization" means:
(a) An organization that is exempt from federal income taxation under section 510(c)(6) of the internal revenue code that represents child care employers; or
(b) An entity that employers, who together employ the largest number of child care workers in Washington, have selected as a representative.
[ 2026 c 148 s 2. ]
(1) The Washington state child care workforce standards board is created with the powers and duties established by law. The board is composed of members appointed by the governor as provided in this subsection:
(a) Three members who represent child care workers, subject to the following:
(i) One member must be appointed from a list of at least three names submitted by the largest organization representing family child care providers;
(ii) One member must be appointed from a list of at least three names submitted by the largest organization representing child care center workers; and
(iii) One member must represent workers in school-age programs;
(b) Three members who represent child care employers or employer organizations, with at least one representing child care family home providers and one representing a small business of 15 or fewer employees;
(c) One representative of a professional development or training program for child care workers;
(d) One representative of an organization representing parents; and
(e) The secretary of the department of children, youth, and families and the director of the department of labor and industries, or their designees.
(2) Board members appointed under subsection (1)(a) or (b) of this section shall serve four-year terms following the initial staggered lot determination in subsection (3) of this section and must not be appointed to more than two full consecutive four-year terms. The governor shall fill vacancies occurring prior to the expiration of a member's term by appointment for the unexpired term. A member serves until a successor is appointed.
(3)(a) The governor must make initial appointments to the board no later than September 1, 2026. The initial terms for board members appointed under subsection (1)(a) and (b) of this section must be determined by lot as follows:
(i) One member appointed under subsection (1)(a) and (b) of this section shall serve a two-year term;
(ii) One member appointed under subsection (1)(a) and (b) of this section shall serve a three-year term; and
(iii) One member appointed under subsection (1)(a) and (b) of this section shall serve a four-year term.
(b) The director must convene the first meeting of the board by October 1, 2026. The board must elect a chair at its first meeting.
(4) The board shall elect a member by majority vote to serve as its chairperson and shall determine the term to be served by the chairperson.
(5) Board members must be compensated in accordance with RCW 43.03.220 and must be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(6) The affirmative vote of six board members is required for the board to approve recommendations.
(7) To carry out its duties, the board shall hold public hearings that include public comment on, gather data on, and conduct investigations into, working conditions in the child care industry in accordance with RCW 49.98.040.
(8) The director may employ personnel to carry out duties of the board under this chapter.
(9) The director shall provide administrative staff support to the board.
(10) The board shall establish operating procedures that meet all state and federal antitrust requirements and may prohibit board member access to data to meet the requirements of this subsection.
(11) The board is subject to the requirements of chapters 34.05 and 42.56 RCW.
[ 2026 c 148 s 3. ]
(1)(a) The board must meet quarterly and make recommendations to the director that will enhance and improve the employment standards of child care workers. The board must recommend statewide standards and may also recommend standards that apply to specific child care occupations or geographic regions.
(b) The board may not recommend standards regarding licensing of child care facilities. The board may not recommend standards that are less protective of or beneficial to child care workers as any other applicable statute or rule or any standard previously established by the board.
(2)(a) The board's initial investigations, public hearings, data gathering, and recommendations must prioritize child care worker staffing, recruitment, retention, and staffing ratios.
(b) Additionally, the board may investigate:
(i) The adequacy of wage rates and other compensation policies of child care employers to ensure the provision of quality services and sufficient levels of recruitment and retention of child care employees;
(ii) The sufficiency of levels of recruitment and retention of child care employees;
(iii) The adequacy of the role of child care employees in making decisions affecting their wages and working conditions;
(iv) The adequacy and enforcement of training requirements for child care employees;
(v) The impact of systemic racism and economic injustice on child care employees and the adequacy of efforts to alleviate such impact through the development of career paths through partnerships between labor and management and other methods;
(vi) The adequacy of payment practices and policies of the state as such practices and policies relate to the reimbursement of child care employers for the provision of services under a child care program; and
(vii) The adequacy of access and costs to workers of background checks, fingerprinting, bloodborne pathogen training, tuberculosis tests, cardiopulmonary resuscitation and first aid certification, and other safety requirements.
(3) The board may consider the following types of information when developing recommendations:
(a) Wage rate and benefit data collected by or submitted to the board for child care workers in the relevant geographic area and child care occupations, including wage and benefit data of similarly situated child care occupations on the west coast of the United States;
(b) Statements showing wage rates and benefits paid to child care workers in the relevant geographic area and child care occupations, including wage and benefit statements of similarly situated child care occupations on the west coast of the United States;
(c) Signed collective bargaining agreements applicable to child care workers in the relevant geographic area and child care occupations, including collective bargaining agreements of similarly situated child care occupations on the west coast of the United States;
(d) Testimony and information from current and former child care workers, organizations representing child care workers, child care employers, parents of children currently in child care, and child care organizations;
(e) Local minimum employment standards;
(f) Information submitted by or obtained from state and local government entities, including registries or data regarding employee training, recruitment, and retention;
(g) Information from a federally approved rate-setting tool for child care funding; and
(h) Any other information pertinent to establishing minimum child care employment standards.
(4) Based on the investigations and information gathered pursuant to this section, the board shall prepare a series of reports with findings and recommendations, and shall make those reports publicly available on the department's website. The board must allow a minority report to be included with any report prepared by the board, if requested by a member of the board. The reports must include a breakdown of the vote on each of the board's recommendations, including the votes in favor of and against each recommendation and how each board member voted on the recommendations.
[ 2026 c 148 s 4. ]
By October 1, 2026, the department and the department of children, youth, and families must jointly enter into a formal agreement that includes data sharing of information necessary to implement the provisions of this chapter.
[ 2026 c 148 s 5. ]
This act may be known and cited as the child care workforce standards board act.
[ 2026 c 148 s 6. ]
Access to the collective and individual protections afforded by established federal labor laws, as well as ensuring stable, effective, and efficient labor-management relations, is a vital state interest that has critical benefits to the state's economic and social development. Should there be an absence of applicable law setting forth the rights and obligations of parties engaged in private sector labor-management relations, as well as procedures for the enforcement of the same, the resulting loss of the benefits of collective bargaining to the economy and social fabric of the state would be immensely harmful.
[ 2026 c 130 s 1. ]
Following June 11, 2026, should federal law cease to preempt the regulation of private sector labor-management relations in the state, as a whole or any portion thereof, with regard to any employer, employees, trade, or industry which had been subject to federal labor law regulation, this chapter applies in full force and effect to such employer, employees, and trade or industry entities. Additionally, following June 11, 2026, should the national labor relations board determine that any employer or employees, as defined in RCW 49.99.030, or trade or industry falls outside the previously existing jurisdiction of the national labor relations act, or should the board decline to exercise jurisdiction, or be deprived of its previous jurisdiction over the same, this chapter applies in full force and effect to such employer, employees, trade, or industry.
[ 2026 c 130 s 2. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Bargaining representative" means any labor organization which has as one of its primary purposes the representation of employees in their employment relations with employers, and which does currently, or has in the past represented employees as defined by this chapter.
(2) "Collective bargaining" means the performance of the mutual obligations of the employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours, and working conditions, which may be peculiar to an appropriate bargaining unit of such employer, except that by such obligation neither party may be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter.
(3) "Collective bargaining agreement" means any written contract or agreement that is currently in effect, or that will be executed, between an exclusive bargaining representative and an employer, as defined by this chapter.
(4) "Commission" means the public employment relations commission.
(5)(a) "Employee" means any employee of an employer, including of a consumer directed employer as defined by RCW 74.39A.009, and is not limited to the employees of a particular employer, and includes any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute, and who has not obtained any other regular and substantially equivalent employment.
(b) "Employee" does not include:
(i) Any individual employed by their parent or spouse unless also employed by a third party for the work performed;
(ii) Any individual having the status of an independent contractor;
(iii) Any individual employed as a supervisor;
(iv) Any person employed by the state or a political subdivision of the state, or an employee as defined by RCW 49.37.010 or an employee of an employer defined in RCW 49.39.005;
(v) Any individual employed by an employer, trade, or industry that was not under the jurisdiction of the national labor relations act or any other federal labor relations law as of June 11, 2026; or
(vi) Any other person who is not employed by an employer as herein defined.
(6) "Employer" means any employer, or any person acting as an agent of an employer, except the state or political subdivision of the state, or an employer as defined by RCW 49.37.010, or an employer as defined in RCW 49.39.005.
(7) "Exclusive bargaining representatives" means a bargaining representative that has been previously certified or recognized as the representative of employees as defined by this chapter.
(8) "Labor dispute" includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
(9) "Labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
[ 2026 c 130 s 3. ]
The privilege established by RCW 5.60.060(11) applies to all labor organizations covered by this chapter and in all proceedings authorized by this chapter.
[ 2026 c 130 s 4. ]
Upon application by a labor organization that held the status of an exclusive bargaining representative under federal law by certification or voluntary recognition immediately prior to the time that state regulation of private sector labor relations is no longer preempted as applied to that collective bargaining relationship, the commission shall promptly certify the exclusive bargaining representative under this chapter. Absent exceptional cause, the process to verify the exclusive bargaining representative's status for certification must be completed within one month of the filing of the application. All existing terms and conditions of employment and any collective bargaining agreement covering the affected bargaining unit remain in full force and effect through the commission's verification process.
[ 2026 c 130 s 5. ]
(1) In the event that an employer and employees are in disagreement as to the selection of an exclusive bargaining representative, the commission must be invited to intervene as is provided in RCW 49.99.100 through 49.99.130.
(2) In the event that an employer and an exclusive bargaining representative are in disagreement as to the merger of two or more bargaining units in the employer's workforce that are represented by the same exclusive bargaining representative, the commission must be invited to intervene as is provided in RCW 49.99.100 through 49.99.130.
[ 2026 c 130 s 6. ]
The commission, after hearing upon reasonable notice, shall decide in each application for certification as an exclusive bargaining representative or unit clarification, other than applications submitted under RCW 49.99.050, the unit appropriate for the purpose of collective bargaining. In determining, modifying, or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the employees; the history of collective bargaining by the employer and their bargaining representatives; the extent of organization among the employees; and the desire of the employees, and the avoidance of excessive fragmentation.
[ 2026 c 130 s 7. ]
The commission shall determine the exclusive bargaining representative by: (1) Conducting a cross-check pursuant to RCW 49.99.090; or (2) conducting an election pursuant to RCW 49.99.100.
[ 2026 c 130 s 8. ]
(1) If only one labor organization is seeking certification as an exclusive bargaining representative of a bargaining unit for which there is no incumbent exclusive bargaining representative, the commission may determine the question concerning representation by conducting a cross-check comparing the bargaining authorization cards against the employment records of the employer. A determination through a cross-check process may be made upon a showing of interest submitted in support of the exclusive bargaining representative by more than 50 percent of the employees.
(2) The exclusive bargaining representative that has been determined through a cross-check to represent a majority of the employees in the bargaining unit must be certified by the commission as the exclusive bargaining representative of, and is required to represent, all the employees within the unit without regard to membership in said exclusive bargaining representative.
[ 2026 c 130 s 9. ]
(1) In the event the commission elects to conduct an election to ascertain the exclusive bargaining representative, and upon the request of a prospective bargaining representative showing written proof of at least 30 percent representation of the employees within the proposed unit, the commission shall hold an election by secret ballot to determine the issue. The ballot must contain the name of such bargaining representative and of any other bargaining representative showing written proof of at least 10 percent representation of the employees within the unit, together with a choice for any employee to designate that they do not desire to be represented by any bargaining agent. Where more than one organization is on the ballot and neither of the three or more choices receives a majority vote of the voting employees within the bargaining unit, a runoff election must be held. The runoff ballot must contain the two choices which received the largest and second-largest number of votes.
(2) The bargaining representative which has been determined through election to represent a majority of the voting employees must be certified by the commission as the exclusive bargaining representative of, and is required to represent, all the employees within the unit without regard to membership in said bargaining representative.
[ 2026 c 130 s 10. ]
No question concerning representation may be raised within one year of a certification or attempted certification. Where there is a valid collective bargaining agreement in effect, no question of representation may be raised except during the period not more than 90 nor less than 60 days prior to the expiration date of the agreement. Any agreement which contains a provision for automatic renewal or extension of the agreement is not effective as a bar to a question concerning representation if it extends the total term of the agreement's existence for more than three years.
[ 2026 c 130 s 11. ]
(1) The commission shares concurrent jurisdiction with superior courts to prevent and to remedy any violation of RCW 49.32.020 with regard to any employer, employees, trade, or industry covered under this chapter that had been subject to federal labor law regulation.
(2) The commission applies the Washington courts' jurisprudence in adjudicating alleged violations of RCW 49.32.020.
(3) If the commission determines that any person has engaged in or is engaging in any violation of RCW 49.32.020, the commission shall issue and cause to be served upon the person an order requiring the person to cease and desist from such violation, and to take such affirmative action as will effectuate the purposes and policy declared in RCW 49.32.020 and of this chapter, such as the payment of damages and the reinstatement of employees, and reasonable attorneys' fees and costs.
(4) The commission or the affected employees, or the employees' bargaining representative may petition the superior court for the county in which the main office of the employer is located or in which the person who has engaged or is engaging in such violation resides or transacts business, for the enforcement of the commission's order and for appropriate temporary relief.
[ 2026 c 130 s 12. ]
The commission shall provide, at the mutual request of an employer and an exclusive bargaining representative, mediation of any labor dispute between them. Any party to mediation may request and receive fact finding by the mediator at the conclusion of a failed mediation.
[ 2026 c 130 s 13. ]
(1) Notwithstanding the possible cessation of any duty on the part of any employer or labor organization to comply with the terms of any collective bargaining agreement reached under the auspices of federal labor law, any such agreement reached between any employer or exclusive bargaining representative as defined in this chapter remains a contractually binding agreement and is enforceable on its terms.
(2) Upon the certification of an exclusive bargaining representative for the employer's employees, the employer has the duty to engage in collective bargaining with the exclusive bargaining representative before changing any wages, hours, or working conditions of the represented employees. Any allegation by the exclusive bargaining representative that the employer has made a unilateral change in wages, hours, and working conditions may be presented for resolution to an arbitrator mutually selected and compensated by the parties, or by application of the exclusive bargaining representative to the commission for provision of the arbitrator.
(3) Should a collective bargaining agreement between the exclusive bargaining representative and the employer expire, its provisions, except any prohibition on strikes or lockouts, continue in force until renegotiated. During the agreement's hiatus, any allegation by the exclusive bargaining representative that the employer has made a unilateral change in wages or economic benefits may be presented for resolution to an arbitrator mutually selected and compensated, or by application of the exclusive bargaining representative to the commission for provision of the arbitrator.
(4) Upon the failure of the employer and the exclusive bargaining representative to conclude a collective bargaining agreement within six months of certification of the exclusive bargaining representative or within six months of the expiration of the last collective bargaining agreement, all matters remaining in dispute must be submitted by the parties to the commission for resolution through its interest arbitration procedures.
[ 2026 c 130 s 14. ]
(1) If an agreement through collective bargaining has not been reached within six months of certification, or within six months of the expiration of the last collective bargaining agreement, the parties may agree in writing to continue to bargain for an additional month. Thereafter, they may agree in writing to continue bargaining on a month-to-month basis. If the parties have not entered a written agreement to extend bargaining, or final agreement to extend bargaining has expired, the parties must submit their dispute to interest arbitration. Each party must submit that party's last and final proposals upon which there exists an impasse. All impasse items must be submitted to arbitration. The arbitrator or arbitration panel is empowered to review the parties' final proposals and to consider mediator findings, if any, and to issue a decision on the submitted items along with the previously agreed items, such that a complete agreement is imposed through the arbitration. The arbitrator or arbitration panel is also empowered to consider evidence submitted by the parties concerning factors such as the employer's ability to meet the costs of a contract, employee compensation at comparable employers, and cost of living in the relevant geographic area in their decision-making process.
(2)(a) If the parties cannot agree on the arbitrator or arbitration panel within five days of the expiration of the six-month period following certification or expiration of the previous agreement, or of the expiration of the final written extension of bargaining, the parties must apply to the commission or, if both parties agree, to the American arbitration association to provide a list of five qualified arbitrators from which the arbitrator must be chosen.
(b) Each party must pay the fees and expenses of the arbitrator or arbitration panel, and the fees and expenses of the neutral chair must be shared equally between the parties.
(3) In consultation with the parties, the arbitrator or arbitration panel shall promptly establish a date, time, and place for a hearing which may be no later than two months following the appointment of the arbitrator. The arbitrator or arbitration panel shall provide reasonable notice thereof to the parties to the dispute. The parties must exchange final positions in writing, with copies to the arbitrator or arbitration panel, with respect to every issue to be arbitrated, on a date mutually agreed upon, but in no event later than 10 working days before the date set for hearing. A hearing must be held, and each party must have the opportunity to present evidence and make arguments. The rules of evidence prevailing in judicial proceedings may be considered, but are not binding, and any oral testimony or documentary evidence or other data deemed relevant by the chair of the arbitration panel may be received in evidence. A recording of the proceedings must be taken. The arbitrator or arbitration panel has the power to administer oaths, require the attendance of witnesses, and require the production of such books, papers, contracts, agreements, and documents as may be deemed by the arbitrator to be material to a just determination of the issues in dispute. If any person refuses to obey a subpoena issued by the arbitrator or arbitration panel, or refuses to be sworn or to make an affirmation to testify, or any witness, party, or attorney for a party is guilty of any contempt while in attendance at any hearing held hereunder, the arbitrator may invoke the jurisdiction of the superior court in the county where the labor dispute exists, and the court has jurisdiction to issue an appropriate order. Any failure to obey the order may be punished by the court as a contempt thereof.
(4) Within 30 days following the conclusion of the hearing, the arbitrator or arbitration panel shall make written findings of fact and a written determination of the issues in dispute, based on the evidence presented. A copy thereof must be served on each of the parties to the dispute. That determination is final and binding upon both parties, subject to review by the superior court upon the application of either party.
(5) The superior court's scope of review is limited to whether:
(a) The arbitrator or arbitration panel acted without, or in excess of, their powers;
(b) The arbitration has proceeded in the manner required by law;
(c) The order or decision of the arbitrator or arbitration panel was procured by fraud or was an abuse of discretion;
(d) The decision of the arbitrator or arbitration panel was arbitrary or capricious; and
(e) The arbitrator or arbitration panel's decision violated either of the parties' constitutional or statutory rights.
[ 2026 c 130 s 15. ]
(1) In addition to any contractually agreed method for selecting arbitrators, the parties may mutually request the commission to, and the commission shall, appoint a qualified person who may be an employee of the commission to act as an arbitrator to assist in the resolution of a labor dispute between an employer and an exclusive bargaining representative arising from the application of the matters contained in a collective bargaining agreement. The arbitrator shall conduct such arbitration of such dispute in a manner as provided for in the collective bargaining agreement.
(2) The commission may not collect any fees or charges from such employer or such exclusive bargaining representative for services performed by the commission under the provisions of this chapter.
(3) The provisions of chapter 49.08 RCW do not apply to this chapter.
[ 2026 c 130 s 16. ]
Nothing in this chapter, except as specifically provided for herein, interferes with, impedes, or diminishes in any way the right to strike. However, a labor organization, before engaging in any strike or other concerted refusal to work at any health care institution shall, not less than 10 days prior to such action, notify the institution in writing and the commission of that intention. The notice must state the date and time that such action will commence.
[ 2026 c 130 s 17. ]
An employer engaged primarily in the building and construction industry may make an agreement covering employees engaged, or who upon their employment will be engaged in the building and construction industry, with a labor organization of which building and construction employees are members, notwithstanding that:
(1) The majority status of such labor organization has not been established under the provisions of this chapter prior to the making of such agreement;
(2) The agreement requires the employer to notify the labor organization of opportunities for employment with such employer, or gives the labor organization an opportunity to refer qualified applicants for such employment; or
(3) The agreement specifies minimum training or experience qualifications for employment or provides for priority in opportunities for employment based upon length of services with such employer, in the industry or in the particular geographical area.
[ 2026 c 130 s 18. ]
The commission shall promulgate, revise, or rescind such rules and regulations as it deems necessary or appropriate to administer the provisions of this chapter in conformity with the intent and purpose of this chapter and consistent with the best standards of labor-management relations.
[ 2026 c 130 s 19. ]
Actions taken by or on behalf of the commission must be pursuant to chapter 34.05 RCW, or rules adopted in accordance with chapter 34.05 RCW, and the right of judicial review provided by chapter 34.05 RCW is applicable to all such actions and rules. However, if a conflict exists between this chapter and 34.05 RCW, this chapter governs.
[ 2026 c 130 s 20. ]
(1) The Washington state legislature is purposefully designed to be a part-time legislature to provide people from all areas of life the opportunity to participate. All businesses and industries, in the private and public sector, benefit when the legislature is made up of the broadest possible representation.
(2) It is a significant public policy to encourage citizens to serve in the legislature.
(3) Other states have enacted legislation addressing the duties and responsibilities of legislators and prospective legislators in relation to their regular employment. It is the intent of chapter 271, Laws of 2022 to address potential uncertainties that can occur between employers and employees who are part-time legislators because of the time requirements of the legislature.
[ 2022 c 271 s 1. ]
For the purposes of this chapter, "employer" means: (1) The state, state institutions, and state agencies; and (2) any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision.
[ 2022 c 271 s 2. ]
(1) An employer must grant a temporary leave of absence without loss of job status or seniority to an employee who is a member of the state legislature in order for that employee to perform any official duty as a member of the legislature during regular and special legislative sessions.
(2) The leave of absence under this chapter may be unpaid leave. However, an employee may elect to substitute any accrued paid leave to which the employee is entitled for any part of the leave provided under this chapter.
(3) An employer may not discharge or threaten to discharge an employee for taking a leave of absence under this chapter.
[ 2022 c 271 s 3. ]
(1) An employee who seeks leave under this chapter must provide the employer with notice of the employee's intention to take leave at least 30 days before a regular legislative session.
(2) When a special legislative session is called, the employee must provide notice to the employer as soon as the governor or legislature proclaims the special legislative session.
[ 2022 c 271 s 4. ]
If an employer violates the provisions of this chapter, the employee may only bring a civil action, at his or her own expense, in superior court for an order requiring the reinstatement of the employee. Public resources may not be used, directly or indirectly, to bring or maintain a civil action under this section.
[ 2022 c 271 s 5. ]
The legislature recognizes that fire protection measures are critical design elements meant to control the spread of a fire until active fire protection measures, such as sprinklers, fire extinguishers, or the fire department can take over and control a fire. Among the types of passive fire protection measures are the use of fire-resistant materials that help to protect structural steel, contain the fire, and limit damage to critical infrastructure. It is important that individuals installing these materials be properly trained to perform this work. Therefore, the legislature hereby establishes a training and certification program for fire-resistant material applicators.
[ 2023 c 145 s 1. ]
The definitions in this section apply throughout RCW 49.105.020 through 49.105.040 unless the context clearly requires otherwise.
(1) "Fire-resistant material" means:
(a) Wet or dry mix materials, cementitious materials, and fibrous materials, applied to achieve an hourly fire-resistant rating for buildings classified as construction types I, II, III, IV, and V, as defined by the international building code; and
(b) Sealants, putty, and caulking used for firestop systems, applied to risk category III and IV buildings, as defined by the international building code.
(2) "Certified fire-resistant material applicator" means an individual certified by the department to apply fire-resistant material. Certified fire-resistant material applicator does not include an individual applying fire-resistant material in or to the individual's own residence.
(3) "Contractor" means an employer performing work that includes the application of fire-resistant material, or any person, partnership, or business entity that does not have employees but that performs work that includes the application of fire-resistant material.
(4) "Department" means the department of labor and industries.
[ 2023 c 145 s 2. ]
(1) Every individual applying fire-resistant material for or as a contractor must be certified by the department. To qualify for certification, the individual must complete initial training and must complete refresher training every five years for recertification.
(2) All training provided under this section must be provided by an apprenticeship program registered with the Washington state apprenticeship and training council, or by fire-resistant material manufacturers or other certified training providers, that have been approved by the department to provide training in the application of fire-resistant materials. Training provided by manufacturers must include training in the application of at least four different types of fire-resistant material products.
(3) An individual who has completed the training required under this section must submit an application to the department to receive certification as a certified fire-resistant material applicator.
(4) The department shall, by rule, develop and administer a certification process for fire-resistant material applicators, including the minimum standards for initial training and refresher training, and the approval process for fire-resistance material manufacturers or other certified training providers. The department's rules and certification process must be in place at least one year prior to January 1, 2026.
[ 2023 c 145 s 3. ]
(1) Beginning January 1, 2026, contractors must ensure all fire-resistant material is applied by a certified fire-resistant material applicator prior to the individual applying any fire-resistant material. A contractor must verify that the individual is certified by the department by obtaining written documentation of the individual's certification.
(2) Contractors must retain the written documentation for a period of 10 years.
[ 2023 c 145 s 4. ]
NOTES:
Effective date—2023 c 145 s 4: "Section 4 of this act takes effect January 1, 2026." [ 2023 c 145 s 8.]
(1) Unless specifically provided otherwise by statute, this chapter shall be implemented and enforced, including penalties, violations, citations, and other administrative procedures, pursuant to chapter 49.17 RCW.
(2) The first violation of this section is a penalty of $2,500.
(3) The second violation is a penalty of $3,000 and debarment from bidding for public works projects for one year.
(4) The third violation is a penalty of $5,000 and the contractor's permanent debarment from public works projects.
(5)(a) Violations must be published on the department's website, as determined under the department's rules.
(b) The penalties established in this section are a minimum which the department may exceed. After 2032, the department may adjust these penalties for inflation. Repeat, willful, and serious violations may result in increased penalties as determined by the department.
(6) The department must adopt rules to implement this chapter.
[ 2023 c 145 s 5. ]
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