Washington § 49.97.100 - Private right of action — Damages. (Effective October 1, 2026.)

(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.

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