RCW 49.96.060: Retaliation protections—Department investigation—Penalty—Reconsideration. (Effective July 1, 2027.)

(1) A hiring entity may not interfere with, restrain, or deny the exercise of any right under this chapter by using a domestic worker's exercise of said right as a negative factor in any employment action or other similar action.

(2)(a) A hiring entity may not take any adverse action against a domestic worker for exercising or attempting to exercise a right under this chapter including, but not limited to, any of the following in connection with this chapter: Instituting or filing a complaint or action; participating in a proceeding; organizing or communicating with other domestic workers on their rights; or disclosing the worker's own immigration status.

(b) For purposes of this subsection, "adverse action" includes:

(i) Subjecting the domestic worker to discipline;

(ii) Terminating, suspending, or demoting the domestic worker, or denying the domestic worker a promotion;

(iii) Reducing the number of work hours for which the domestic worker is scheduled;

(iv) Altering the domestic worker's preexisting work schedule;

(v) Reducing the domestic worker's rate of pay;

(vi) Threatening to take or taking action based upon the immigration status of a domestic worker or a domestic worker's family member; and

(vii) Communicating, directly or indirectly, to the domestic worker the hiring entity's willingness or intent to report the suspected citizenship or immigration status of the domestic worker or the domestic worker's family member to a federal, state, or local agency or other applicable entity.

(c) There is a rebuttable presumption that the hiring entity violated this subsection (2) if the hiring entity takes an adverse action against a domestic worker within 90 calendar days of the domestic worker's exercise of rights protected under this chapter. However, in the case of seasonal work that ended before the close of the 90 calendar day period, the presumption also applies if the hiring entity fails to rehire a former domestic worker at the next opportunity for work in the same position. The hiring entity may rebut the presumption with clear and convincing evidence that the adverse action was taken for a permissible purpose.

(3)(a) The department may conduct an investigation if a domestic worker files a complaint with the department alleging a violation of this section. The department may not investigate any alleged violation occurring more than 180 days before the date that the domestic worker filed the complaint, unless the department determines an extension is warranted based on recognized equitable principles or the presence of extenuating circumstances, which may include, but are not limited to, the presence of evidence suggesting that the hiring entity concealed misconduct or misled the domestic worker.

(b) If the department discovers evidence of other violations not included in the complaint while investigating the complaint, the department may investigate and take appropriate enforcement action without requiring the domestic worker to file a new or separate complaint.

(c) If a domestic worker files a timely complaint with the department, the department may investigate the complaint and issue either a citation and notice of assessment or a determination of compliance within 90 days after the date on which the department received the complaint, unless the complaint is otherwise resolved. The department may extend the period under this subsection by providing advance written notice to the domestic worker and the hiring entity setting forth good cause for an extension of the period and specifying the duration of the extension.

(d) The department may consider a complaint to be otherwise resolved when the domestic worker and the hiring entity reach a mutual agreement to remedy the adverse action, or the domestic worker voluntarily and on the domestic worker's own initiative withdraws the complaint.

(e) If the department finds that the domestic worker's allegation cannot be substantiated, the department may issue a determination of compliance to the domestic worker and the hiring entity detailing such finding.

(f) If the department's investigation finds that the hiring entity violated this section and the complaint is not otherwise resolved, the department may notify the hiring entity that the department intends to issue a citation and notice of assessment, and may provide up to 30 days after the date of such notification for the hiring entity to take corrective action to remedy the adverse action. If the complaint is not otherwise resolved, then the department may issue a citation and notice of assessment.

(g) When issuing a citation and notice of assessment under this section, the department may order the hiring entity to:

(i) Pay the domestic worker earnings that the domestic worker did not receive due to the hiring entity's adverse action, including interest of one percent per month calculated from the first date earnings were owed to the domestic worker;

(ii) Restore the domestic worker to the position held by the domestic worker when the adverse action occurred, or restore the domestic worker to an equivalent position with equivalent work hours, work schedule, benefits, pay, and other terms and conditions; and/or

(iii) Pay the department a civil penalty, which must be the greater of $1,000 or an amount equal to 10 percent of the total amount of unpaid earnings attributable to the adverse action, provided that the penalty may not exceed $20,000 for the first violation or $40,000 for a repeat violation.

(h) If the department issues a citation and notice of assessment or determination of compliance, the department shall send the citation and notice of assessment or determination of compliance to both the hiring entity and the domestic worker by service of process or using a method by which the mailing can be tracked or the delivery can be confirmed to their last known addresses.

(4)(a) A hiring entity or domestic worker aggrieved by a citation and notice of assessment or a determination of compliance under this section may submit a request for reconsideration to the department setting forth the grounds for such reconsideration, or if applicable, submit an appeal to the director under RCW 49.96.080.

(b) A request for reconsideration must be made within 30 days of receipt of the citation and notice of assessment or the determination of compliance. If the department receives a timely request for reconsideration, the department shall either accept the request or treat the request as a notice of appeal under RCW 49.96.080.

(c) If a request for reconsideration is accepted, the department shall send notice of the request for reconsideration to the hiring entity and the domestic worker. The department shall determine if there are any valid reasons to reverse or modify the department's original citation and notice of assessment or determination of compliance within 30 days of receipt of such request. The department may extend this period by providing advance written notice to the hiring entity and domestic worker setting forth good cause for an extension of the period and specifying the duration of the extension.

(d) After reviewing the request for reconsideration, the department shall:

(i) Notify the hiring entity and domestic worker that the citation and notice of assessment or determination of compliance is affirmed; or

(ii) Notify the hiring entity and domestic worker that the citation and notice of assessment or determination of compliance has been reversed or modified.

(e) A request for reconsideration submitted to the department stays the effectiveness of the citation and notice of assessment or determination of compliance pending the decision by the department.