Washington § 49.97.090 - Attorney general investigative powers — Public records exemption — Damages. (Effective October 1, 2026.)

(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.

Effective date—2026 c 240 ss 4-10: See note following RCW 49.97.040.