Washington § 49.96.070 - Violations of this chapter — Investigation — Penalties. (Effective July 1, 2027.)

(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.

Effective date—2026 c 15: See note following RCW 49.96.010.