(1)–(5) 1 Subject to the prohibitions of section 4 of this act, an employerEmployer"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.Sec. 1(9) may not engage in electronic monitoring of an employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) unless all of the following requirements are met: (1) The employerEmployer"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.Sec. 1(9)'s purpose in utilizing the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) is to: (a) Assist or allow the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) to accomplish an essential job functionEssential job function"Essential job function" means a fundamental duty of a job or position that an employee with that job or position must be able to perform.Sec. 1(11); (b) Monitor production processes or quality; (c) Ensure compliance with applicable employment or labor laws; (d) Protect the health, safety, or security of the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8); or (e) Track time worked or production output for purposes of determining the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s compensation; (2) Electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) is necessary to accomplish the purpose identified pursuant to subsection (1) of this section; (3) The specific form of electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) is the least invasive means, with respect to the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8), of accomplishing the purpose identified pursuant to subsection (1) of this section; (4) The specific form of electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) is used with the smallest number of employeesEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) and collects the smallest amount of dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) necessary to accomplish the purpose identified pursuant to subsection (1) of this section; and (5) The employerEmployer"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.Sec. 1(9) ensures that only authorized persons have access to any dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) produced through the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) and that the dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) is only used for the purpose and duration that the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) has been notified of pursuant to section 3 of this act.

(1)–(2) 2 Except as provided for in subsection (5) of this section, at least 15 calendar days prior to commencing any form of electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) in compliance with section 2 of this act, an employerEmployer"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.Sec. 1(9) shall provide notice of the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) to each employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) who will be subject to it. (2) The notice required under this section must, at a minimum, include the following information: (a) The specific form of electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7); (b) A description of the intended purpose of the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) and why the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) is necessary to accomplish that purpose; (c) A description of how any dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) generated by the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) will be used; (d) A description of the technologies that will be used to conduct the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7); (e) Whether and, if so, how the dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) generated by the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) will be used to inform employment-related decisionsEmployment-related decision"Employment-related decision" means any decision by an employer that: (a) Affects an employee's compensation, benefits, or terms and conditions of employment; (b) Relates to the discipline, evaluation, promotion, or termination of an employee; or (c) Relates to the hiring of an individual or employee for a position or job.Sec. 1(10); (f) The name of any person conducting electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) on the employerEmployer"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.Sec. 1(9)'s behalf and any associated contract language related to the monitoring; (g) The name of any person, apart from the employerEmployer"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.Sec. 1(9), who will have access to any dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) generated by the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) and the reason why the person will have access to the dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5); (h) The positions within the employerEmployer"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.Sec. 1(9) that will have access to any dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) generated by the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7); (i) When, where, and how frequently monitoring will occur; (j) The period of time for which any dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) generated by the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) will be retained by the employerEmployer"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.Sec. 1(9) or another person and when that dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) will be destroyed; (k) Notice of how the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) may access the dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) generated by the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) and the process to correct any errors in the dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5); and (l) Notice of the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s rights pursuant to this section.

(3)–(4) 2 Notice of electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) provided pursuant to this section must be written in plain, clear, and concise language and provided to each employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) in the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s primary language. (4) An employerEmployer"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.Sec. 1(9) shall provide a new, updated notice to employeesEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) if it makes any significant changes to the manner of electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) or to the way that the employerEmployer"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.Sec. 1(9) utilizes the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) or any dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) generated by it.

(5) 2 Prior notice of electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) is not required if: (a) The employerEmployer"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.Sec. 1(9) has reasonable grounds to believe that the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) is engaged in conduct that: (i) Is illegal; (ii) Violates the legal rights of the employerEmployer"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.Sec. 1(9) or another employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8); or (iii) Creates a hostile work environment; and (b) The electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) is reasonably likely to produce evidence of the conduct.

(6) 3 An employerEmployer"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.Sec. 1(9) that utilizes electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) shall annually provide each of its employeesEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) with a list of all electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) systems currently in use by the employerEmployer"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.Sec. 1(9) in relation to that employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8). The list must be provided in the primary language of the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8). (b) As used in this subsection, "currently in use" means that the employerEmployer"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.Sec. 1(9): (i) Is currently using the system in relation to the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8); (ii) used the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) system in relation to the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) within the past 90 days; or (iii) intends to use the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) system in relation to the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) within the next 30 days.

(1)(a)–(f) 4 Notwithstanding the purposes for electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) set forth in section 2 of this act, electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) may not be used: (a) In any manner that violates state or federal labor or employment laws; (b) In relation to workers who are off duty and not performing work-related tasks; (c) To identify employeesEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) exercising legal rights; (d) For audio-visual monitoring of bathrooms, locker rooms, changing areas, breakrooms, smoking areas, employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) cafeterias, lounges, lactation rooms, or other similarly private areas; (e) To determine the frequency with which employeesEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) visit or use bathrooms, locker rooms, changing areas, breakrooms, smoking areas, employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) cafeterias, lounges, lactation rooms, or other similarly private areas; or (f) For audio-visual monitoring of any space within an employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s residence or personal vehicle, or a property owned or rented by the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8), unless the monitoring is necessary to ensure the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s health and safety or to verify the security of employerEmployer"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.Sec. 1(9) or client dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5). Monitoring of employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) personal vehicles must comply with RCW 49.44.230.

(2) 5 Electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) may not incorporate any form of facial, gait, or emotion recognition technology.

(3) Electronic monitoring of employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) social networking accounts must comply with RCW 49.44.200.

(1)–(2) 6 An employerEmployer"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.Sec. 1(9) may not require an employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) to install an application on a personal device for purposes of electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) or to wear a device or attach, embed, or physically implant a device on the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s clothing that can be used for electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7), unless the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) is: (a) Necessary to accomplish the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s essential job functionsEssential job function"Essential job function" means a fundamental duty of a job or position that an employee with that job or position must be able to perform.Sec. 1(11); and (b) Limited to only the times and activities necessary to accomplish the essential job functionsEssential job function"Essential job function" means a fundamental duty of a job or position that an employee with that job or position must be able to perform.Sec. 1(11). (2) Any location tracking function of an application or device must be disabled outside of the times when the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) is engaged in activities necessary to accomplish essential job functionsEssential job function"Essential job function" means a fundamental duty of a job or position that an employee with that job or position must be able to perform.Sec. 1(11).

(3) 7 An employerEmployer"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.Sec. 1(9) may not require an employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) to physically implant a device on the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s body for purposes of employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) monitoring.

(1)(a)–(e) 8 An employerEmployer"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.Sec. 1(9) may not use an automated decision systemAutomated decision system"Automated decision system" means an algorithm or computational process that is used to make or assist in making decisions, judgments, or conclusions. "Automated decision system" includes algorithms and computational processes that are derived from machine learning, statistics, data processing, or artificial intelligence.Sec. 1(2) in a manner that: (a) Violates state or federal law; (b) Makes predictions about an employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s behavior that are unrelated to the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s essential job functionsEssential job function"Essential job function" means a fundamental duty of a job or position that an employee with that job or position must be able to perform.Sec. 1(11); (c) Identifies, profiles, or predicts the likelihood that an employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) will exercise the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s legal rights; (d) Makes predictions about an employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s emotions, personality, or other sentiments; or (e) Uses customer or client dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5), including customer or client reviews and feedback, as an input of the automated decision systemAutomated decision system"Automated decision system" means an algorithm or computational process that is used to make or assist in making decisions, judgments, or conclusions. "Automated decision system" includes algorithms and computational processes that are derived from machine learning, statistics, data processing, or artificial intelligence.Sec. 1(2).

(2)(a)–(b) 9 An employerEmployer"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.Sec. 1(9) may not solely rely on outputs from an automated decision systemAutomated decision system"Automated decision system" means an algorithm or computational process that is used to make or assist in making decisions, judgments, or conclusions. "Automated decision system" includes algorithms and computational processes that are derived from machine learning, statistics, data processing, or artificial intelligence.Sec. 1(2) when making employment-related decisionsEmployment-related decision"Employment-related decision" means any decision by an employer that: (a) Affects an employee's compensation, benefits, or terms and conditions of employment; (b) Relates to the discipline, evaluation, promotion, or termination of an employee; or (c) Relates to the hiring of an individual or employee for a position or job.Sec. 1(10). (b) An employerEmployer"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.Sec. 1(9) may utilize an automated decision systemAutomated decision system"Automated decision system" means an algorithm or computational process that is used to make or assist in making decisions, judgments, or conclusions. "Automated decision system" includes algorithms and computational processes that are derived from machine learning, statistics, data processing, or artificial intelligence.Sec. 1(2) in making employment-related decisionsEmployment-related decision"Employment-related decision" means any decision by an employer that: (a) Affects an employee's compensation, benefits, or terms and conditions of employment; (b) Relates to the discipline, evaluation, promotion, or termination of an employee; or (c) Relates to the hiring of an individual or employee for a position or job.Sec. 1(10) if: (i) The automated decision system outputsAutomated decision system output"Automated decision system output" means information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an automated decision system.Sec. 1(3) considered in making the employment-related decisionEmployment-related decision"Employment-related decision" means any decision by an employer that: (a) Affects an employee's compensation, benefits, or terms and conditions of employment; (b) Relates to the discipline, evaluation, promotion, or termination of an employee; or (c) Relates to the hiring of an individual or employee for a position or job.Sec. 1(10) are corroborated by human oversight of the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8), including supervisory or managerial observations and documentation of the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s work, personnel records, and consultations with the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s coworkers; (ii) The employerEmployer"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.Sec. 1(9) has conducted an impact assessment of the automated decision systemAutomated decision system"Automated decision system" means an algorithm or computational process that is used to make or assist in making decisions, judgments, or conclusions. "Automated decision system" includes algorithms and computational processes that are derived from machine learning, statistics, data processing, or artificial intelligence.Sec. 1(2) pursuant to section 7 of this act; and (iii) The employerEmployer"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.Sec. 1(9) is in compliance with the notice requirements of section 3 of this act.

(3) 10 An employerEmployer"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.Sec. 1(9) may not use any automated decision system outputsAutomated decision system output"Automated decision system output" means information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an automated decision system.Sec. 1(3) regarding an employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s physical or mental health in relation to an employment-related decisionEmployment-related decision"Employment-related decision" means any decision by an employer that: (a) Affects an employee's compensation, benefits, or terms and conditions of employment; (b) Relates to the discipline, evaluation, promotion, or termination of an employee; or (c) Relates to the hiring of an individual or employee for a position or job.Sec. 1(10).

(4) 11 Automated decision systemsAutomated decision system"Automated decision system" means an algorithm or computational process that is used to make or assist in making decisions, judgments, or conclusions. "Automated decision system" includes algorithms and computational processes that are derived from machine learning, statistics, data processing, or artificial intelligence.Sec. 1(2) used by an employerEmployer"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.Sec. 1(9) may not incorporate any form of facial, gait, or emotion recognition technology.

(1)(a)–(g) 12 Prior to utilizing an automated decision systemAutomated decision system"Automated decision system" means an algorithm or computational process that is used to make or assist in making decisions, judgments, or conclusions. "Automated decision system" includes algorithms and computational processes that are derived from machine learning, statistics, data processing, or artificial intelligence.Sec. 1(2), an employerEmployer"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.Sec. 1(9) shall create a written impact assessment of the system that includes, at a minimum: (a) A detailed description of the automated decision systemAutomated decision system"Automated decision system" means an algorithm or computational process that is used to make or assist in making decisions, judgments, or conclusions. "Automated decision system" includes algorithms and computational processes that are derived from machine learning, statistics, data processing, or artificial intelligence.Sec. 1(2) and its purpose; (b) A description of the dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) utilized by the system; (c) A description of the outputs produced by the system and the types of employment-related decisionsEmployment-related decision"Employment-related decision" means any decision by an employer that: (a) Affects an employee's compensation, benefits, or terms and conditions of employment; (b) Relates to the discipline, evaluation, promotion, or termination of an employee; or (c) Relates to the hiring of an individual or employee for a position or job.Sec. 1(10) in which those outputs may be utilized; (d) The rationale for the use of the system, including reasons for utilizing the system to supplement nonautomated means of decision making; (e) A detailed assessment of the potential risks of utilizing the system, including the risk of: (i) Errors; (ii) Discrimination against employeesEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) on the basis 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; (iii) Violating employeesEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)' legal rights or chilling employeesEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)' exercise of legal rights; (iv) Directly or indirectly harming employeesEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)' physical health, mental health, safety, sense of well-being, dignity, or autonomy; (v) Harm to employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) privacy, including through potential security breaches or inadvertent disclosure of information; and (vi) Negative economic and material impacts to employeesEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8), including potential effects on compensation, benefits, work conditions, evaluations, advancement, and work opportunities; (f) A detailed summary of measures taken by the employerEmployer"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.Sec. 1(9) to address or mitigate the risks identified pursuant to (e) of this subsection; and (g) A description of any methodology used in preparing the assessment.

(2) 13 An employerEmployer"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.Sec. 1(9) shall provide a copy of the assessment prepared pursuant to this section to an employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) upon request.

(3) 12 An employerEmployer"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.Sec. 1(9) shall update the assessment required pursuant to this section any time a significant change or update is made to the automated decision systemAutomated decision system"Automated decision system" means an algorithm or computational process that is used to make or assist in making decisions, judgments, or conclusions. "Automated decision system" includes algorithms and computational processes that are derived from machine learning, statistics, data processing, or artificial intelligence.Sec. 1(2).

(1) 14 An employerEmployer"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.Sec. 1(9), any person that develops, operates, or maintains electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) or an automated decision systemAutomated decision system"Automated decision system" means an algorithm or computational process that is used to make or assist in making decisions, judgments, or conclusions. "Automated decision system" includes algorithms and computational processes that are derived from machine learning, statistics, data processing, or artificial intelligence.Sec. 1(2) on behalf of an employerEmployer"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.Sec. 1(9), and any person who collects, stores, analyzes, interprets, disseminates, or otherwise uses dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) produced or utilized by electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) or an automated decision systemAutomated decision system"Automated decision system" means an algorithm or computational process that is used to make or assist in making decisions, judgments, or conclusions. "Automated decision system" includes algorithms and computational processes that are derived from machine learning, statistics, data processing, or artificial intelligence.Sec. 1(2) shall implement reasonable security procedures and practices appropriate to the nature of the dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) to protect employeesEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)' personal information from unauthorized or illegal access, destruction, use, modification, or disclosure.

(2)(a)–(b) 15 Any person that develops, operates, or maintains electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) or an automated decision systemAutomated decision system"Automated decision system" means an algorithm or computational process that is used to make or assist in making decisions, judgments, or conclusions. "Automated decision system" includes algorithms and computational processes that are derived from machine learning, statistics, data processing, or artificial intelligence.Sec. 1(2) on behalf of an employerEmployer"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.Sec. 1(9) and any person who collects, stores, analyzes, interprets, disseminates, or otherwise uses dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) produced or utilized by electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) or an automated decision systemAutomated decision system"Automated decision system" means an algorithm or computational process that is used to make or assist in making decisions, judgments, or conclusions. "Automated decision system" includes algorithms and computational processes that are derived from machine learning, statistics, data processing, or artificial intelligence.Sec. 1(2) on behalf of an employerEmployer"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.Sec. 1(9) shall, upon termination of the contract with the employerEmployer"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.Sec. 1(9): (a) Return all dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) and automated decision system outputsAutomated decision system output"Automated decision system output" means information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an automated decision system.Sec. 1(3) to the employerEmployer"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.Sec. 1(9); and (b) Destroy all dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) and automated decision system outputsAutomated decision system output"Automated decision system output" means information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an automated decision system.Sec. 1(3) in the person's possession.

(3) 16 An employerEmployer"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.Sec. 1(9) shall, upon request, provide an employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) with any dataData"Data" means information obtained by any means that, directly or indirectly, identifies, relates to, describes, may reasonably be associated with, or could reasonably be linked to an employee, including: (a) Personal information; as defined in RCW 19.255.005; (b) Biometric data; (c) Health information; (d) Information related to workplace activities; (e) Human resources information and personnel files; and (f) Information related to the employee's internet and digital activities, including electronic communications, private social media activity, and personal internet protocol address.Sec. 1(5) that relates to the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) that was produced or utilized by electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning employee activities or communication by any means other than direct, in-person observation, including through the use of a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(7) or an automated decision systemAutomated decision system"Automated decision system" means an algorithm or computational process that is used to make or assist in making decisions, judgments, or conclusions. "Automated decision system" includes algorithms and computational processes that are derived from machine learning, statistics, data processing, or artificial intelligence.Sec. 1(2) used by the employerEmployer"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.Sec. 1(9).

17 An employerEmployer"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.Sec. 1(9) may not discharge or in any other manner retaliate against an employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) who exercises or attempts to exercise the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s rights under this chapter.

(1)–(8) An employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) may file a complaint with the departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) alleging a violation under this chapter or applicable rules. The departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) shall investigate the complaint. (b) The departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) may not investigate any such alleged violation of rights that occurred more than three years before the date that the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) filed the complaint. (c) If an employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) files a timely complaint with the departmentDepartment"Department" means the department of labor and industries.Sec. 1(6), the departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) shall issue either a citation and notice of assessment or a determination of compliance within 90 days after the date on which the departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) received the complaint, unless the complaint is otherwise resolved. The departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) may extend the period by providing advance written notice to the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) and the employerEmployer"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.Sec. 1(9) setting forth good cause for an extension of the period and specifying the duration of the extension. (d) The departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) shall send the citation and notice of assessment or the determination of compliance to both the employerEmployer"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.Sec. 1(9) and the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) 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 departmentDepartment"Department" means the department of labor and industries.Sec. 1(6)'s investigation finds that the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s allegation cannot be substantiated, the departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) shall issue a determination of compliance to the employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) and the employerEmployer"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.Sec. 1(9) detailing such finding. (3) The director may initiate an investigation without an employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8)'s complaint to ensure compliance with this chapter. (4) Upon the departmentDepartment"Department" means the department of labor and industries.Sec. 1(6)'s request, an employerEmployer"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.Sec. 1(9) shall notify affected employeesEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) in writing that the departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) is conducting an investigation. The departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) may require the employerEmployer"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.Sec. 1(9) to include a general description of each investigation as part of the notification, including the allegations and whether the notified employeeEmployee"Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.Sec. 1(8) may be affected. The employerEmployer"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.Sec. 1(9) may consult with the departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) to provide the information for the description of the notification or investigation. (5) If the departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) determines that the employerEmployer"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.Sec. 1(9) has violated a requirement of this chapter or any rule adopted under this chapter, the departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) may also order the employerEmployer"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.Sec. 1(9) to pay the departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) a civil penalty of not less than $1,000. The first violation may not exceed $1,000. The departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) may, at any time, waive or reduce any civil penalty assessed against an employerEmployer"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.Sec. 1(9) under this section if the departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) determines that the employerEmployer"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.Sec. 1(9) has taken corrective action to remedy a violation. The departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) shall adopt rules creating a schedule to enhance penalties, not to exceed $10,000 per violation, based on repeat violations by the employerEmployer"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.Sec. 1(9). The departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) shall collect civil penalties and deposit them into the supplemental pension fund established under RCW 51.44.033. (6) Upon receiving a complaint, the departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) may request or subpoena the records of the employerEmployer"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.Sec. 1(9). (7) 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 departmentDepartment"Department" means the department of labor and industries.Sec. 1(6), the director may initiate collection procedures in accordance with the collection procedures under RCW 49.48.086. (8) In addition to any enforcement authority provided in this chapter or applicable rules, the departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) may enforce any violation under this chapter 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 departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) prevails, it is entitled to reasonable attorneys' fees and costs, in the amount to be determined by the court.

The departmentDepartment"Department" means the department of labor and industries.Sec. 1(6) may adopt and implement rules to carry out and enforce the provisions of this chapter.

Sections 1 through 11 and 13 of this act constitute a new chapter in Title 49 RCW.

Sections 1 through 10 of this act take effect July 1, 2026.