Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › MINIMUM WAGE ACT PROTECTIONS AND ENFORCEMENT › Section 296-128-780 - Enforcement - Retaliation

Current through Register Vol. 24-14, July 15, 2024
(1) An
				employee who believes that they were subject to retaliation by their employer,
				as defined in WAC
				296-128-770, for the exercise of
				any employee right under chapter 49.46 RCW, may file a complaint with the
				department within one hundred eighty days of the alleged retaliatory action.
				The department may, at its discretion, extend the one hundred eighty-day period
				on recognized equitable principles or because extenuating circumstances exist.
				For example, the department may extend the one hundred eighty-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 ninety days after the date on which the
				department received the complaint, unless the complaint is otherwise resolved.
				The department may extend the period by providing advance written notice to the
				employee and the employer setting forth good cause for an extension of the
				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 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 thirty 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 cease using any policy that counts the use of paid sick leave
				as an absence that may lead to or result in discipline against the
				employee;
(d) For the first
				violation, order the employer to pay the department a civil penalty as
				specified in WAC 296-128-790; and
(e) For a repeat violation, order the
				employer to pay the department up to double the civil penalty as specified in
				WAC 296-128-790.