WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)–(8) The following definitions apply throughout this chapter unless the context clearly requires otherwise: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that can, for a given set of objectives, generate outputs such as predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems can be designed to operate with varying levels of autonomy.Sec. 1(1)" means an engineered or machine-based system that can, for a given set of objectives, generate outputs such as predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that can, for a given set of objectives, generate outputs such as predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems can be designed to operate with varying levels of autonomy.Sec. 1(1) systems can be designed to operate with varying levels of autonomy. (2) "DepartmentDepartment"Department" means the department of labor and industries.Sec. 1(2)" means the department of labor and industries. (3) "DirectorDirector"Director" means the director of the department of labor and industries or the director's designee.Sec. 1(3)" means the director of the department of labor and industries or the directorDirector"Director" means the director of the department of labor and industries or the director's designee.Sec. 1(3)'s designee. (4) "Electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning an employee's activities or communications by any means other than direct, in-person observation, including, for example, through the use of artificial intelligence, a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(4)" means the collection of information concerning an employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5)'s activities or communications by any means other than direct, in-person observation, including, for example, through the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that can, for a given set of objectives, generate outputs such as predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems can be designed to operate with varying levels of autonomy.Sec. 1(1), a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system. (5) "EmployeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5)" means an individual employed by the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) whether by way of manual labor or otherwise. (6) "EmployerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6)" 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 employeesEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5), and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "EmployerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6)" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) responsible for fire suppression. (7) "Meaningful human reviewMeaningful human review"Meaningful human review" means a good-faith review by a supervisor, manager, or other authorized personnel who considers relevant electronic monitoring outputs, and as appropriate, other available information about the employee's performance, and has discretion to rely on, supplement, or depart from those outputs when conducting the performance evaluation.Sec. 1(7)" means a good-faith review by a supervisor, manager, or other authorized personnel who considers relevant electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning an employee's activities or communications by any means other than direct, in-person observation, including, for example, through the use of artificial intelligence, a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(4) outputs, and as appropriate, other available information about the employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5)'s performance, and has discretion to rely on, supplement, or depart from those outputs when conducting the performance evaluationPerformance evaluation"Performance evaluation" means an assessment, conducted by or on behalf of the employer, of an employee's execution of any aspect of the employee's job. "Performance evaluation" may include, for example, the assessment of an employee's competence, productivity, efficiency, achievements, strengths, or areas in need of improvement.Sec. 1(8). (8) "Performance evaluationPerformance evaluation"Performance evaluation" means an assessment, conducted by or on behalf of the employer, of an employee's execution of any aspect of the employee's job. "Performance evaluation" may include, for example, the assessment of an employee's competence, productivity, efficiency, achievements, strengths, or areas in need of improvement.Sec. 1(8)" means an assessment, conducted by or on behalf of the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6), of an employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5)'s execution of any aspect of the employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5)'s job. "Performance evaluationPerformance evaluation"Performance evaluation" means an assessment, conducted by or on behalf of the employer, of an employee's execution of any aspect of the employee's job. "Performance evaluation" may include, for example, the assessment of an employee's competence, productivity, efficiency, achievements, strengths, or areas in need of improvement.Sec. 1(8)" may include, for example, the assessment of an employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5)'s competence, productivity, efficiency, achievements, strengths, or areas in need of improvement.
Section 1 establishes the definitions used throughout the chapter. The definition of electronic monitoring is notably broad, encompassing any non-in-person collection of employee activity or communications data, with AI, cameras, keystroke tracking, GPS, and similar technologies listed as examples. The definition of meaningful human review is significant because it creates the standard an employer must disclose whether it meets — a good-faith review by authorized personnel who have discretion to depart from monitoring outputs.
(1) 1 Except as provided in subsections (3) and (4) of this section, if an employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) intends to use electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning an employee's activities or communications by any means other than direct, in-person observation, including, for example, through the use of artificial intelligence, a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(4) to assist the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) in conducting a performance evaluation of an employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5), the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) must notify the employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5), and the employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5)'s exclusive bargaining representative if the employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) is represented, in writing at least 30 days prior to implementing the use of electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning an employee's activities or communications by any means other than direct, in-person observation, including, for example, through the use of artificial intelligence, a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(4).
(2) 2 If, as of the effective date of this section, an employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) is already using electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning an employee's activities or communications by any means other than direct, in-person observation, including, for example, through the use of artificial intelligence, a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(4) to assist in a performance evaluation of an employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5), the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) may continue to use electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning an employee's activities or communications by any means other than direct, in-person observation, including, for example, through the use of artificial intelligence, a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(4) but must provide written notice to the employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5), and the employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5)'s exclusive bargaining representative if the employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) is represented, within 30 days of the effective date of this section.
(3) 3 Beginning on the effective date of this section, when an employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) hires an individual for employment and the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) uses or intends to use electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning an employee's activities or communications by any means other than direct, in-person observation, including, for example, through the use of artificial intelligence, a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(4) to assist in performance evaluationsPerformance evaluation"Performance evaluation" means an assessment, conducted by or on behalf of the employer, of an employee's execution of any aspect of the employee's job. "Performance evaluation" may include, for example, the assessment of an employee's competence, productivity, efficiency, achievements, strengths, or areas in need of improvement.Sec. 1(8), the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) must, at the time the job offer is made, provide written notice to the individual stating that the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) uses or intends to use electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning an employee's activities or communications by any means other than direct, in-person observation, including, for example, through the use of artificial intelligence, a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(4) to assist in performance evaluationsPerformance evaluation"Performance evaluation" means an assessment, conducted by or on behalf of the employer, of an employee's execution of any aspect of the employee's job. "Performance evaluation" may include, for example, the assessment of an employee's competence, productivity, efficiency, achievements, strengths, or areas in need of improvement.Sec. 1(8).
(4)(a)–(b) This section does not prohibit an employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) from implementing electronic monitoring of an employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) prior to providing written notice to the employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5), if: (a) The implementation of the use of technology is necessary to prevent imminent harm to an employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) or any person; or to prevent imminent theft, property damage, or other economic harm to the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6); or to respond to an emergency event involving the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) or a state of emergency declared by a government body; and (b) The employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) notifies the employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) in any manner as soon as practicable and subsequently follows up within 30 days of implementation, with a written notice that complies with the requirements in subsection (5) of this section.
(5)(a)–(b) 4 The notice required under this section must include: (a) A statement that the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) uses technology to electronically monitor its employeesEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5). If the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) is using computer monitoring software, key-stroke tracking technology, cameras or other video or photographic technology, audio recording or listening devices, artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that can, for a given set of objectives, generate outputs such as predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems can be designed to operate with varying levels of autonomy.Sec. 1(1) systems, or global positioning system or other positioning technology, for the primary purpose of monitoring the employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5)'s job performance, the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) must include in the notice a general list of the type of technology being used. The employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) is not required to include in the notice a descriptive list of specific equipment, devices, or software being used; and (b) A statement saying whether the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) has a verification process that includes meaningful human reviewMeaningful human review"Meaningful human review" means a good-faith review by a supervisor, manager, or other authorized personnel who considers relevant electronic monitoring outputs, and as appropriate, other available information about the employee's performance, and has discretion to rely on, supplement, or depart from those outputs when conducting the performance evaluation.Sec. 1(7) to confirm information and data gathered by the electronic monitoringElectronic monitoring"Electronic monitoring" means the collection of information concerning an employee's activities or communications by any means other than direct, in-person observation, including, for example, through the use of artificial intelligence, a digital device, computer, telephone, wire, radio, camera, or electromagnetic, photoelectronic, or photo-optical system.Sec. 1(4).
(6) The employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) should take into account the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6)'s workforce and where feasible provide notices in the languages most commonly spoken by the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6)'s employeesEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5).
Section 2 is the bill's core operative section, imposing the employer's notice obligations. It requires written notice to employees and their exclusive bargaining representatives at least 30 days before electronic monitoring is implemented for performance evaluation purposes. For employers already using such monitoring on the effective date, a 30-day transition notice is required. New hires must be notified at the time the job offer is made.
A narrow emergency exception permits monitoring before notice when necessary to prevent imminent harm, theft, or property damage, or to respond to an emergency — but even then, notice must follow as soon as practicable and written notice must be provided within 30 days. The required notice content is specifically prescribed: a statement that the employer uses electronic monitoring technology, a general list of the types of technology used for monitoring job performance, and a statement whether the employer uses a verification process that includes meaningful human review.
(1) If an employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) files a complaint with the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) alleging a violation of the requirements of this section, the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) may investigate the complaint. The departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) may issue either a citation and notice of assessment or a closure letter.
(2) The departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) may not investigate any complaint alleging a violation of this section that occurred more than three years before the date the employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) filed the complaint.
(3) If the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) finds that an employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5)'s allegation cannot be substantiated, the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) shall issue a closure letter to the employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) and the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) detailing the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2)'s finding.
(4)(a)–(e) If the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) finds that the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) violated the requirements of this section, the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) shall issue a citation and notice of assessment, unless the complaint is otherwise resolved. (b) The departmentDepartment"Department" means the department of labor and industries.Sec. 1(2)'s citation and notice of assessment must order the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) to comply with the requirements of section 2 of this act within 30 days of issuing the citation and notice of assessment. If the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) complies with the order within 30 days, the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) may not impose any civil penalties. If the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) fails to comply with the order within 30 days, the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) may determine that the violation was a willful violation. If the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) determines that the violation of this section was a willful violation, the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) shall order the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) to pay the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) a civil penalty of no less than $100 and no more than $5,000, unless the complaint is otherwise resolved. For repeat willful violations, the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) shall order the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) to pay the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) a civil penalty of no less than $5,000 for each repeated willful violation. The departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) may, at any time, waive or reduce a civil penalty assessed under this section. (c) The departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) may collect unpaid citations pursuant to RCW 49.48.086. (d) The departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) shall deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033. (e) For the purposes of this subsection (4), "willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute. "Repeat willful violator" means an employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) who has been the subject of a final and binding citation for a willful violation of this section within three years of the date of issuance of the most recent citation for a willful violation.
(5) The departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) may issue subpoenas to compel the attendance of witnesses or parties and the production of documents, administer oaths and examine witnesses under oath, take depositions, and seek affidavits or other verifications. The departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) may request an employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) to perform a self-audit of any records, which must be provided within a reasonable time as specified in the self-audit request. The records the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) examines for the self-audit must be made available to the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) upon request.
(6)(a)–(e) An employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) or employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) aggrieved by a citation, assessment, or determination issued by the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) under this section may appeal the citation, assessment, or determination to the directorDirector"Director" means the director of the department of labor and industries or the director's designee.Sec. 1(3) by filing a notice of appeal with the directorDirector"Director" means the director of the department of labor and industries or the director's designee.Sec. 1(3) within 30 days of the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2)'s issuance of the citation, assessment, or determination. A citation, assessment, or determination not appealed within 30 days is final and binding and not subject to further appeal. (b) A notice of appeal filed with the directorDirector"Director" means the director of the department of labor and industries or the director's designee.Sec. 1(3) under this section stays the effectiveness of the citation, assessment, or determination pending final review of the appeal by the directorDirector"Director" means the director of the department of labor and industries or the director's designee.Sec. 1(3) as provided for in chapter 34.05 RCW. (c) Upon receipt of a notice of appeal, the directorDirector"Director" means the director of the department of labor and industries or the director's designee.Sec. 1(3) 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 shall be de novo. A party who seeks to challenge an initial order must file a petition for administrative review with the directorDirector"Director" means the director of the department of labor and industries or the director's designee.Sec. 1(3) within 30 days after service of the initial order. The directorDirector"Director" means the director of the department of labor and industries or the director's designee.Sec. 1(3) shall conduct an administrative review in accordance with chapter 34.05 RCW. (d) The directorDirector"Director" means the director of the department of labor and industries or the director's designee.Sec. 1(3) shall issue all final orders after appeal of the initial order. The final order of the directorDirector"Director" means the director of the department of labor and industries or the director's designee.Sec. 1(3) is subject to judicial review in accordance with chapter 34.05 RCW. (e) 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.
(7) An employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) who fails to allow adequate inspection of records in an investigation by the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) 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 penalties assessed.
Section 3 establishes the administrative enforcement mechanism through the Department of Labor and Industries. Employees may file complaints within three years of an alleged violation. The department investigates and issues either a closure letter or a citation and notice of assessment. A critical feature is the 30-day cure period: the citation must order the employer to comply within 30 days, and if the employer does so, no civil penalties may be imposed. Penalties attach only for willful violations after the cure period expires, ranging from $100 to $5,000, with a $5,000 minimum for repeat willful violators. The department has broad investigative authority including subpoena power and self-audit requests. Administrative appeals proceed through the Office of Administrative Hearings under the state APA.
(1) 5 An employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) may not retaliate, discharge, or otherwise take adverse action against an employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) because the employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) has filed a 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 the employee of any right afforded by this chapter.
(2)(a)–(b) An employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) aggrieved by an employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) violating subsection (1) of this section, may file a complaint with the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) within 180 days of the alleged retaliation. (b) The departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) shall investigate and issue either a citation and notice of assessment or a determination of compliance within 90 days after the date the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) receives the complaint, unless the complaint is otherwise resolved.
(3) If the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2)'s investigation finds that the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) retaliated against the employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5), and the complaint is not otherwise resolved, the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) may notify the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) that the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) intends to issue a citation and notice of assessment, and may provide up to 30 days after the date of the notification for the employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) to take corrective action to remedy the retaliatory action. If the complaint is not otherwise resolved, the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) shall issue a citation and notice of assessment and may impose civil penalties and other appropriate relief.
Section 4 prohibits employers from retaliating against employees who file complaints, institute proceedings, testify, or exercise any right under the chapter. Employees who experience retaliation may file a complaint with the department within 180 days. The department must investigate and resolve complaints within 90 days. The department may provide the employer up to 30 days to take corrective action before issuing a citation — a parallel cure mechanism to Section 3's enforcement framework.
Nothing in this chapter supersedes or diminishes the requirements, rights, and responsibilities under chapter 9.73 RCW.
Section 5 is a savings clause preserving the existing requirements, rights, and responsibilities under Washington's Privacy Act (RCW 9.73), which governs interception and recording of private communications. This ensures the new electronic monitoring notice requirements do not displace or diminish the stricter consent requirements that apply under existing privacy law.
6 An employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) must maintain and keep records of the notices given to its employeesEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) and must provide records to the departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) upon request. The employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) shall keep and maintain records for at least three years.
Section 6 requires employers to maintain records of all notices provided to employees under the chapter and to produce them to the Department of Labor and Industries upon request. Records must be kept for at least three years — aligning with the three-year statute of limitations for both administrative complaints and private civil actions.
(1) In addition to the administrative remedy provided under section 3 of this act, an employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) may bring a civil action against an employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6) for a violation of this section. A prevailing employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) is entitled to statutory damages of no less than $100 and no more than $5,000, 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 employerEmployer"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, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" does not include any general authority Washington law enforcement agency as defined in RCW 10.93.020 or any city, county, town, or state fire department responsible for fire suppression.Sec. 1(6); the amount necessary to deter future noncompliance; the purposes of this section; 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 employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) injured by a violation of this section.
(2) The employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) must bring a civil action within three years of the date of the alleged violation of this section regardless of whether the employeeEmployee"Employee" means an individual employed by the employer whether by way of manual labor or otherwise.Sec. 1(5) pursued an administrative complaint.
Section 7 creates a private right of action for employees, available in addition to the administrative remedy under Section 3. A prevailing employee may recover statutory damages of $100 to $5,000, plus reasonable attorneys' fees and costs. The court may also award actual damages, reinstatement, injunctive relief, and other appropriate remedies. The three-year statute of limitations runs from the date of the alleged violation regardless of whether an administrative complaint was pursued — the two remedies are independent.
The departmentDepartment"Department" means the department of labor and industries.Sec. 1(2) may adopt rules to implement this section.
Section 8 grants the Department of Labor and Industries permissive rulemaking authority to implement the chapter. This is enabling language that does not impose any compliance obligation on covered employers.
This act takes effect July 1, 2028.
Section 9 sets the effective date for the entire act at July 1, 2028.
Sections 1 through 9 of this act constitute a new chapter in Title 49 RCW.
Section 10 directs that Sections 1 through 9 be codified as a new chapter in Title 49 RCW (Labor Regulations).