Employee driving requirement

AN ACT Relating to employer requirements for driving; amending 1
RCW 49.58.090; adding a new section to chapter 49.58 RCW; and 2
prescribing penalties. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 49.58 5
RCW to read as follows: 6
(1) Unless an employer reasonably expects driving to be one of 7
the essential job functions for a position, it is unlawful for an 8
employer to: 9
(a) Require a valid driver's license as a condition of 10
employment; or 11
(b) Include a statement in a posting for a job opening for the 12
position that an applicant must have a valid driver's license.13
(2)(a) The director must investigate complaints regarding 14
compliance with this section and any related rules adopted under this 15
chapter. The director may require the testimony of witnesses and 16
production of documents as part of an investigation.17
(b) If the director determines a violation occurred, the director 18
may issue a citation and notice of assessment and order the employer 19
to pay to the complainant actual damages; statutory damages equal to 20
the actual damages or $5,000, whichever is greater; interest of one 21
S-0762.1
SENATE BILL 5501
State of Washington 69th Legislature 2025 Regular Session
By Senators Stanford, Saldaña, Hasegawa, and Nobles
Read first time 01/27/25. Referred to Committee on Labor & Commerce.
p. 1 SB 5501
percent per month on all compensation owed; payment to the department 1
of the costs of investigation and enforcement; and any other 2
appropriate relief. 3
(c) In addition to the citation and notice of assessment, the 4
director may order payment to the department of a civil penalty.5
(i) For a first violation, the civil penalty may not exceed $500.6
(ii) For a repeat violation, the civil penalty may not exceed 7
$1,000 or 10 percent of the damages, whichever is greater.8
(d) If the investigation finds that the complainant's allegation 9
cannot be substantiated, the department shall issue a closure letter 10
to the complainant and the employer detailing such finding.11
(3) An appeal from the director's determination may be taken in 12
accordance with chapter 34.05 RCW. An employee who prevails is 13
entitled to costs and reasonable attorneys' fees. 14
(4) The department must deposit civil penalties paid under this 15
section in the supplemental pension fund established under RCW 16
51.44.033. 17
(5) Any wages and interest owed must be calculated from four 18
years from the last violation before the complaint.19
Sec. 2. RCW 49.58.090 and 2018 c 116 s 11 are each amended to 20
read as follows: 21
The department may adopt rules to implement ((RCW 49.58.005 and 22
49.58.020 through 49.58.060)) this chapter. 23
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p. 2 SB 5501