Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-136 - Labor standards for quotas at warehouse distribution centers › Section 296-136-140 - Retaliation-Enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) An employee or former employee who
			 believes that they were subject to retaliation by their employer, as defined in
			 chapter 49.84 RCW and associated rules, for the exercise of any employee right
			 under chapter 49.84 RCW, may file a complaint with the department within 180
			 days of the alleged retaliatory action. The department may, at its discretion,
			 extend the 180-day period on recognized equitable principles or because
			 extenuating circumstances exist. For example, the department may extend the
			 180-day period when there is evidence that the employer has concealed or misled
			 the employee regarding the alleged retaliatory action.
(2) If an employee files a timely complaint
			 with the department alleging retaliation, the department will 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 time period by providing advance written notice
			 to the employee and the employer setting forth good cause for an extension of
			 the time period, and specifying the duration of the extension.
(3) The department may consider a complaint
			 to be otherwise resolved when the employee and the employer reach a mutual
			 agreement to remedy any retaliatory action, or the employee voluntarily and on
			 the employee's own initiative withdraws the complaint. Mutual agreements
			 include, but are not limited to, rehiring, reinstatement, back pay, and
			 reestablishment of benefits.
(4) If
			 the department's investigation finds that the employee's allegation of
			 retaliation was rebutted by the employer and cannot be substantiated, the
			 department will issue a determination of compliance to the employee and the
			 employer detailing such finding.
(5) If the department's investigation finds
			 that the employer retaliated against the employee, and the complaint is not
			 otherwise resolved, the department may, at its discretion, notify the employer
			 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 employer
			 to take corrective action to remedy the retaliatory action. If the complaint is
			 not otherwise resolved, then the department shall issue a citation and notice
			 of assessment. The department's citation and notice of assessment may:
(a) Order the employer to make payable to the
			 employee earnings that the employee did not receive due to the employer's
			 retaliatory action, including interest of one percent per month on all earnings
			 owed. The earnings and interest owed will be calculated from the first date
			 earnings were owed to the employee;
(b) Order the employer to restore the
			 employee to the position of employment held by the employee when the
			 retaliation occurred, or restore the employee to an equivalent position with
			 equivalent employment hours, work schedule, benefits, pay, and other terms and
			 conditions of employment;
(c) Order
			 the employer to pay the department a civil penalty as specified in WAC
			 296-136-150.