Employee monitoring notices

AN ACT Relating to requiring notices to employees when electronic 1
monitoring is used to assist employers conducting performance 2
evaluations; adding a new section to chapter 49.44 RCW; and 3
prescribing penalties. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. A new section is added to chapter 49.44 6
RCW to read as follows: 7
(1) The following definitions apply throughout this section, 8
unless the context clearly requires otherwise: 9
(a) "Artificial intelligence" means the use of machine learning 10
and related technologies that use data to train statistical models 11
for the purpose of enabling computer systems to perform tasks 12
normally associated with human intelligence or perception, such as 13
computer vision, speech or natural language processing, translation, 14
decision making, and content generation. For the purposes of this 15
subsection, "machine learning" means the process by which artificial 16
intelligence is developed using data and algorithms to draw 17
inferences thereupon to automatically adapt or improve its accuracy 18
without explicit programming. 19
(b) "Department" means the department of labor and industries.20
H-2432.2
HOUSE BILL 2144
State of Washington 69th Legislature 2026 Regular Session
By Representatives Parshley, Scott, Hill, Thomas, Reed, Berry, Duerr,
Cortes, Peterson, Kloba, Donaghy, Macri, Bernbaum, Obras, Taylor,
Fey, Fosse, Hall, Berg, Ramel, Wylie, Goodman, Stearns, Reeves,
Pollet, Nance, Callan, Street, Ryu, Doglio, Simmons, Santos, Zahn,
Bronoske, Stonier, Gregerson, Ormsby, Farivar, and Bergquist
Prefiled 12/15/25. Read first time 01/12/26. Referred to Committee
on Labor & Workplace Standards.
p. 1 HB 2144
(c) "Director" means the director of the department of labor and 1
industries or the director's designee. 2
(d) "Electronic monitoring" means the collection of information 3
concerning an employee's activities or communications by any means 4
other than direct, in-person observation, including, for example, 5
through the use of artificial intelligence, a digital device, 6
computer, telephone, wire, radio, camera, or electromagnetic, 7
photoelectronic, or photo-optical system. 8
(e) "Employee" means an individual employed by the employer 9
whether by way of manual labor or otherwise. 10
(f) "Employer" means any person, firm, corporation, partnership, 11
business trust, legal representative, or other business entity that 12
engages in any business, industry, profession, or activity in this 13
state and employs one or more employees, and includes the state, any 14
state institution, state agency, political subdivisions of the state, 15
and any municipal corporation or quasi-municipal corporation.16
(g) "Performance evaluation" means an assessment, conducted by or 17
on behalf of the employer, of an employee's execution of any aspect 18
of the employee's job. "Performance evaluation" may include, for 19
example, the assessment of an employee's competence, productivity, 20
efficiency, achievements, strengths, or areas in need of improvement.21
(2)(a) Except as provided in (c) of this subsection, if an 22
employer intends to use electronic monitoring to assist the employer 23
in conducting a performance evaluation of an employee, the employer 24
must notify the employee in writing at least 30 days prior to 25
implementing the use of electronic monitoring. 26
(b) If, as of the effective date of this section, an employer is 27
already using electronic monitoring to assist in a performance 28
evaluation of an employee, the employer may continue to use 29
electronic monitoring but must provide written notice to the employee 30
within 60 days of the effective date of this section.31
(c) Beginning on the effective date of this section, when an 32
employer hires an individual for employment and the employer uses or 33
intends to use electronic monitoring to assist in performance 34
evaluations, the employer must, at the time the job offer is made, 35
provide written notice to the individual stating that the employer 36
uses or intends to use electronic monitoring to assist in performance 37
evaluations. 38
(d) The notice required under this section must include: (i) A 39
summary of the ways electronic monitoring is or will be used to 40
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assist the employer with performance evaluations, such as whether 1
electronic monitoring is used to gather an employee's productivity 2
data, summarize internal data or feedback on an employee, or create a 3
summary of an employee's performance; and (ii) a summary of the 4
verification process, if any, the employer uses to confirm data 5
gathered by the electronic monitoring. 6
(3)(a) If an employee files a complaint with the department 7
alleging a violation of the requirements of this section, the 8
department may investigate the complaint. The department may issue 9
either a citation and notice of assessment or a closure letter.10
(b) The department may not investigate any complaint alleging a 11
violation of this section that occurred more than three years before 12
the date the employee filed the complaint. 13
(c) If the department finds that an employee's allegation cannot 14
be substantiated, the department shall issue a closure letter to the 15
employee and the employer detailing the department's finding.16
(4)(a) If the department finds that the employer violated the 17
requirements of this section, the department shall issue a citation 18
and notice of assessment. 19
(b) The department's citation and notice of assessment must order 20
the employer to immediately comply with the requirements of this 21
section. If the department determines that the violation of this 22
section was a willful violation, the department shall order the 23
employer to pay the department a civil penalty of no less than $100 24
and no more than $5,000. For repeat willful violations, the 25
department shall order the employer to pay the department a civil 26
penalty of no less than $5,000 for each repeated willful violation. 27
The department may, at any time, waive or reduce a civil penalty 28
assessed under this section. 29
(c) The department may collect unpaid citations pursuant to RCW 30
49.48.086. 31
(d) The department shall deposit civil penalties paid under this 32
section in the supplemental pension fund established under RCW 33
51.44.033. 34
(e) For the purposes of this subsection (4), "willful" means a 35
knowing and intentional action that is neither accidental nor the 36
result of a bona fide dispute. "Repeat willful violator" means an 37
employer who has been the subject of a final and binding citation for 38
a willful violation of this section within three years of the date of 39
issuance of the most recent citation for a willful violation.40
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(5) The department may issue subpoenas to compel the attendance 1
of witnesses or parties and the production of documents, administer 2
oaths and examine witnesses under oath, take depositions, and seek 3
affidavits or other verifications. The department may request an 4
employer to perform a self-audit of any records, which must be 5
provided within a reasonable time as specified in the self-audit 6
request. The records the employer examines for the self-audit must be 7
made available to the department upon request. 8
(6)(a) An employer or employee aggrieved by a citation, 9
assessment, or determination issued by the department under this 10
section may appeal the citation, assessment, or determination to the 11
director by filing a notice of appeal with the director within 30 12
days of the department's issuance of the citation, assessment, or 13
determination. A citation, assessment, or determination not appealed 14
within 30 days is final and binding and not subject to further 15
appeal. 16
(b) A notice of appeal filed with the director under this section 17
stays the effectiveness of the citation, assessment, or determination 18
pending final review of the appeal by the director as provided for in 19
chapter 34.05 RCW. 20
(c) Upon receipt of a notice of appeal, the director shall assign 21
the hearing to an administrative law judge of the office of 22
administrative hearings to conduct the hearing and issue an initial 23
order. The hearing and review procedures must be conducted in 24
accordance with chapter 34.05 RCW, and the standard of review shall 25
be de novo. A party who seeks to challenge an initial order must file 26
a petition for administrative review with the director within 30 days 27
after service of the initial order. The director shall conduct an 28
administrative review in accordance with chapter 34.05 RCW.29
(d) The director shall issue all final orders after appeal of the 30
initial order. The final order of the director is subject to judicial 31
review in accordance with chapter 34.05 RCW. 32
(e) Orders that are not appealed within the time period specified 33
in this section and chapter 34.05 RCW are final and binding and not 34
subject to further appeal. 35
(7) An employer who fails to allow adequate inspection of records 36
in an investigation by the department under this section within a 37
reasonable time period may not use such records in any appeal under 38
this section to challenge the correctness of any determination by the 39
department of penalties assessed. 40
p. 4 HB 2144
(8)(a) In addition to the administrative remedy provided under 1
this section, an employee may bring a civil action against an 2
employer for a violation of this section. A prevailing employee is 3
entitled to statutory damages of no less than $100 and no more than 4
$5,000, plus reasonable attorneys' fees and costs. In determining the 5
amount of statutory damages, the court shall consider the following: 6
Whether the violation was committed willfully or the violation is a 7
repeat violation; the size of the employer; the amount necessary to 8
deter future noncompliance; the purposes of this section; and any 9
other factor deemed appropriate by the court. The court may also 10
order actual damages, reinstatement, injunctive relief, and other 11
appropriate remedies for an employee injured by a violation of this 12
section. 13
(b) The employee must bring a civil action within three years of 14
the date of the alleged violation of this section regardless of 15
whether the employee pursued an administrative complaint.16
(9) The department may adopt rules to implement this section.17
18
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