Domestic workers

AN ACT Relating to establishing labor protections for domestic 1
workers; amending RCW 49.60.230; reenacting and amending RCW 2
49.46.010; adding a new section to chapter 49.60 RCW; adding a new 3
chapter to Title 49 RCW; prescribing penalties; and providing an 4
effective date. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The definitions in this section apply 7
throughout this chapter unless the context clearly requires 8
otherwise.9
(1) "Casual labor" means work that is irregular, uncertain, and 10
incidental in nature and duration, and is different in nature from 11
the type of paid work in which the worker is customarily engaged in.12
(2) "Department" means the department of labor and industries.13
(3) "Director" means the director of the department.14
(4)(a) "Domestic worker" includes any person who:15
(i) Is an hourly employee, salaried employee, or independent 16
contractor; 17
(ii) Receives payment from a hiring entity for the work or 18
services described in (a)(iii) of this subsection for four or more 19
hours in any month; and 20
S-3821.1
SENATE BILL 6053
State of Washington 69th Legislature 2026 Regular Session
By Senators Saldaña, Trudeau, Alvarado, Frame, Hasegawa, Lovelett,
Nobles, Orwall, Pedersen, Stanford, Valdez, and C. Wilson
Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
on Labor & Commerce.
p. 1 SB 6053
(iii) Works or provides services in one or more private 1
residences as a nanny, child care provider, home care worker, 2
personal care provider, housekeeper or cleaner, cook, gardener, or 3
household manager. 4
(b) "Domestic worker" does not include: 5
(i) A person performing casual labor in or about a private 6
residence, unless the work is performed in the course of the hiring 7
entity's trade, business, or profession; 8
(ii) A person performing babysitting on a casual labor basis;9
(iii) A person performing pet sitting, dog walking, or house 10
sitting who is not also performing the work described in (a)(iii) of 11
this subsection; 12
(iv) An individual provider, as defined in RCW 74.39A.240, or any 13
provider employed by a home care agency as defined in RCW 70.127.010 14
if the home care agency receives funds through chapter 74.39A RCW; or15
(v) A person in a family relationship with, or who is a family 16
member of, the hiring entity. 17
(5) "Family member" and "family relationship" must be liberally 18
construed to include, but not be limited to, a parent, child, 19
sibling, aunt, uncle, cousin, grandparent, grandchild, grandniece, or 20
grandnephew, or such relatives when related by marriage.21
(6)(a) "Hiring entity" means any person, group of persons, 22
partnership, association, corporation, business trust, employer as 23
defined in RCW 49.46.010, or any combination thereof, that provides 24
payment to a domestic worker for the domestic worker's work or 25
services. 26
(b) "Hiring entity" does not include state agencies or home care 27
agencies as defined in RCW 70.127.010 if the home care agency 28
receives funds through chapter 74.39A RCW. 29
NEW SECTION. Sec. 2. (1) A hiring entity shall pay the domestic 30
worker compensation at a rate that is equal to or greater than the 31
minimum hourly rate established by the department under RCW 32
49.46.020.33
(2) A hiring entity shall pay the domestic worker overtime 34
compensation at a rate of not less than one and one-half times the 35
worker's regular rate of pay for hours worked in excess of 40 hours 36
in a workweek. 37
(3)(a) A hiring entity may not: 38
p. 2 SB 6053
(i) Collect or receive from a domestic worker a rebate of any 1
part of the compensation paid by the hiring entity to the domestic 2
worker; or 3
(ii) Willfully and with intent to deprive the domestic worker of 4
any part of the domestic worker's compensation pay a domestic worker 5
a lower rate of compensation than what the hiring entity is obligated 6
to pay the domestic worker by agreement or contract.7
(b) This subsection does not make it unlawful for a hiring entity 8
to withhold or divert any portion of a domestic worker's compensation 9
when required or empowered so to do by state or federal law or when a 10
deduction has been expressly authorized in writing in advance by the 11
domestic worker for a lawful purpose accruing to the benefit of such 12
domestic worker. Any withholdings must be documented in writing by 13
the hiring entity. 14
(4) This section must be enforced as a wage payment requirement 15
under chapter 49.48 RCW. 16
(5) This section does not apply where a domestic worker 17
voluntarily provides additional home care in excess of a written 18
agreement between only the domestic worker and a family member to 19
whom the domestic worker is providing services. 20
NEW SECTION. Sec. 3. (1) A hiring entity shall specify the 21
terms for a domestic worker's position or services and the domestic 22
worker's rate of pay in a written agreement. If applicable for the 23
position or services or if otherwise provided by the hiring entity, 24
the written agreement must also include work schedules, rate of pay 25
for additional duties, payroll deductions, transportation costs and 26
benefits, severance benefits, health insurance coverage and costs, 27
any applicable fees and costs for the domestic worker associated with 28
expectations for the work, and any sick, vacation, personal, and 29
holiday leave benefits.30
(2) The written agreement must be in a language or languages 31
understood by the worker and hiring entity. The hiring entity shall 32
provide the domestic worker with a copy of the written agreement and 33
a disclosure of rights specified in section 4 of this act.34
(3)(a) Except as provided in (b) of this subsection, the hiring 35
entity shall provide a minimum two-week written notification period 36
before termination of the domestic worker's position or services. For 37
a live-in domestic worker, the hiring entity shall provide a minimum 38
p. 3 SB 6053
four-week written notification period before termination of the 1
domestic worker's position or services. 2
(b) The notification requirements in (a) of this subsection do 3
not apply if: 4
(i) The applicable work performed by the domestic worker was on a 5
casual labor basis; 6
(ii) The domestic worker was hired on a one-time or intermittent 7
basis without an expectation of ongoing work; 8
(iii) The termination occurs during an agreed-upon probationary 9
period; 10
(iv) The termination is based on a good faith belief that the 11
domestic worker engaged in misconduct as defined in RCW 50.04.294;12
(v) The termination is caused by circumstances outside of the 13
hiring entity's control, including death; 14
(vi) The hiring entity and domestic worker agree that the 15
applicable care needs have significantly changed and cannot be 16
addressed by the current position or services; or 17
(vii) The domestic worker becomes unable to fulfill the 18
requirements of the position or services as provided in the written 19
agreement. 20
(c) If a hiring entity does not provide the notification required 21
under this subsection (3), the hiring entity shall provide the 22
domestic worker with severance pay in the amount of the worker's 23
standard rate of pay multiplied by the regular number of hours worked 24
over the period of time during which the required notification was 25
not provided. For purposes of this subsection, "standard rate of pay" 26
means the agreed-upon rate of pay between the hiring entity and 27
domestic worker, as reflected in the written agreement.28
(4) A hiring entity shall create and maintain records documenting 29
hours worked, rate of pay, and, if applicable, the leave time earned 30
and used. If a complaint is filed with the department, the hiring 31
entity shall make the records and the written agreement accessible to 32
the department. 33
(5) The department or the court shall maintain the 34
confidentiality of all records it obtains in connection with 35
enforcement activities to the full extent permitted by law.36
NEW SECTION. Sec. 4. (1) The department shall develop and make 37
available a model disclosure statement describing a hiring entity's 38
obligations and a domestic worker's rights under this chapter in at 39
p. 4 SB 6053
least eight of the most commonly spoken languages in the state. The 1
disclosure statement must include notice of federal and state laws 2
governing family and medical leave. The model disclosure must also 3
include a telephone number and an address of the department to enable 4
domestic workers to seek information regarding and enforcement of 5
their rights. 6
(2) For purposes of implementing section 3 of this act, the 7
department shall develop and make available a model written 8
agreement, which describes a hiring entity's obligations and a 9
domestic worker's rights under this act in at least eight of the most 10
commonly spoken languages in the state. 11
NEW SECTION. Sec. 5. A hiring entity may not:12
(1) Subject a domestic worker to conduct or allow a domestic 13
worker to be subjected to conduct that creates an intimidating, 14
hostile, or offensive work environment with the purpose or effect of 15
unreasonably interfering with the domestic worker's performance;16
(2) Require or request that a domestic worker allow the hiring 17
entity to take or maintain possession, or allow another person to 18
take or maintain possession, of any of a domestic worker's personal 19
effects including, but not limited to, any legal documents, forms of 20
identification, passports, or immigration documents;21
(3) Monitor or record, or allow another person to monitor or 22
record, through any means, the activities of a domestic worker using 23
a bathroom or similar facility, of a domestic worker in the domestic 24
worker's private living quarters, or while the domestic worker is 25
engaged in personal activities associated with dressing or changing 26
clothes; 27
(4) Monitor, record, or interfere, or allow another person to 28
monitor, record, or interfere, with the private communications of a 29
domestic worker; 30
(5) Request, direct, or require, as a condition of work, that a 31
domestic worker waive the worker's rights under federal, state, or 32
local law; or 33
(6) Request, direct, or require, as a condition of work, that the 34
domestic worker agree to a mandatory predispute arbitration clause 35
for claims of their legal rights, a nondisclosure or nondisparagement 36
agreement that inhibits the domestic worker from pursuing claims or 37
complaints under this chapter, or a noncompete agreement preventing a 38
domestic worker from working for other hiring entities or in other 39
p. 5 SB 6053
residences following the termination or conclusion of the domestic 1
worker's work for the hiring entity. 2
NEW SECTION. Sec. 6. (1) A hiring entity may not interfere 3
with, restrain, or deny the exercise of any right under this chapter 4
by using a domestic worker's exercise of said right as a negative 5
factor in any employment action or other similar action.6
(2)(a) A hiring entity may not take any adverse action against a 7
domestic worker for exercising or attempting to exercise a right 8
under this chapter including, but not limited to, any of the 9
following in connection with this chapter: Instituting or filing a 10
complaint or action; participating in a proceeding; organizing or 11
communicating with other domestic workers on their rights; 12
participating in political speech; or disclosing the worker's own 13
immigration status. 14
(b) For purposes of this subsection, "adverse action" includes:15
(i) Subjecting the domestic worker to discipline;16
(ii) Terminating, suspending, or demoting the domestic worker, or 17
denying the domestic worker a promotion; 18
(iii) Reducing the number of work hours for which the domestic 19
worker is scheduled; 20
(iv) Altering the domestic worker's preexisting work schedule;21
(v) Reducing the domestic worker's rate of pay;22
(vi) Threatening to take or taking action based upon the 23
immigration status of a domestic worker or a domestic worker's family 24
member; and 25
(vii) Communicating, directly or indirectly, to the domestic 26
worker the hiring entity's willingness or intent to report the 27
suspected citizenship or immigration status of the domestic worker or 28
the domestic worker's family member to a federal, state, or local 29
agency or other applicable entity. 30
(c) There is a rebuttable presumption that the hiring entity 31
violated this subsection (2) if the hiring entity takes an adverse 32
action against a domestic worker within 90 calendar days of the 33
domestic worker's exercise of rights protected under this chapter. 34
However, in the case of seasonal work that ended before the close of 35
the 90 calendar day period, the presumption also applies if the 36
hiring entity fails to rehire a former domestic worker at the next 37
opportunity for work in the same position. The hiring entity may 38
p. 6 SB 6053
rebut the presumption with clear and convincing evidence that the 1
adverse action was taken for a permissible purpose.2
(3)(a) The department may conduct an investigation if a domestic 3
worker files a complaint with the department alleging a violation of 4
this section. The department may not investigate any alleged 5
violation occurring more than 180 days before the date that the 6
domestic worker filed the complaint, unless the department determines 7
an extension is warranted based on recognized equitable principles or 8
the presence of extenuating circumstances, which may include, but are 9
not limited to, the presence of evidence suggesting that the hiring 10
entity concealed misconduct or misled the domestic worker.11
(b) If the department discovers evidence of other violations not 12
included in the complaint while investigating the complaint, the 13
department may investigate and take appropriate enforcement action 14
without requiring the domestic worker to file a new or separate 15
complaint. 16
(c) If a domestic worker files a timely complaint with the 17
department, the department may investigate the complaint and issue 18
either a citation and notice of assessment or a determination of 19
compliance within 90 days after the date on which the department 20
received the complaint, unless the complaint is otherwise resolved. 21
The department may extend the period under this subsection by 22
providing advance written notice to the domestic worker and the 23
hiring entity setting forth good cause for an extension of the period 24
and specifying the duration of the extension. 25
(d) The department may consider a complaint to be otherwise 26
resolved when the domestic worker and the hiring entity reach a 27
mutual agreement to remedy the adverse action, or the domestic worker 28
voluntarily and on the domestic worker's own initiative withdraws the 29
complaint. 30
(e) If the department finds that the domestic worker's allegation 31
cannot be substantiated, the department may issue a determination of 32
compliance to the domestic worker and the hiring entity detailing 33
such finding. 34
(f) If the department's investigation finds that the hiring 35
entity violated this section and the complaint is not otherwise 36
resolved, the department may notify the hiring entity that the 37
department intends to issue a citation and notice of assessment, and 38
may provide up to 30 days after the date of such notification for the 39
hiring entity to take corrective action to remedy the adverse action. 40
p. 7 SB 6053
If the complaint is not otherwise resolved, then the department may 1
issue a citation and notice of assessment. 2
(g) When issuing a citation and notice of assessment under this 3
section, the department may order the hiring entity to:4
(i) Pay the domestic worker earnings that the domestic worker did 5
not receive due to the hiring entity's adverse action, including 6
interest of one percent per month calculated from the first date 7
earnings were owed to the domestic worker; 8
(ii) Restore the domestic worker to the position held by the 9
domestic worker when the adverse action occurred, or restore the 10
domestic worker to an equivalent position with equivalent work hours, 11
work schedule, benefits, pay, and other terms and conditions; and/or12
(iii) Pay the department a civil penalty, which must be the 13
greater of $1,000 or an amount equal to 10 percent of the total 14
amount of unpaid earnings attributable to the adverse action, 15
provided that the penalty may not exceed $20,000 for the first 16
violation or $40,000 for a repeat violation. 17
(h) If the department issues a citation and notice of assessment 18
or determination of compliance, the department shall send the 19
citation and notice of assessment or determination of compliance to 20
both the hiring entity and the domestic worker by service of process 21
or using a method by which the mailing can be tracked or the delivery 22
can be confirmed to their last known addresses. 23
(4)(a) A hiring entity or domestic worker aggrieved by a citation 24
and notice of assessment or a determination of compliance under this 25
section may submit a request for reconsideration to the department 26
setting forth the grounds for such reconsideration, or if applicable, 27
submit an appeal to the director under section 8 of this act.28
(b) A request for reconsideration must be made within 30 days of 29
receipt of the citation and notice of assessment or the determination 30
of compliance. If the department receives a timely request for 31
reconsideration, the department shall either accept the request or 32
treat the request as a notice of appeal under section 8 of this act.33
(c) If a request for reconsideration is accepted, the department 34
shall send notice of the request for reconsideration to the hiring 35
entity and the domestic worker. The department shall determine if 36
there are any valid reasons to reverse or modify the department's 37
original citation and notice of assessment or determination of 38
compliance within 30 days of receipt of such request. The department 39
may extend this period by providing advance written notice to the 40
p. 8 SB 6053
hiring entity and domestic worker setting forth good cause for an 1
extension of the period and specifying the duration of the extension.2
(d) After reviewing the request for reconsideration, the 3
department shall: 4
(i) Notify the hiring entity and domestic worker that the 5
citation and notice of assessment or determination of compliance is 6
affirmed; or 7
(ii) Notify the hiring entity and domestic worker that the 8
citation and notice of assessment or determination of compliance has 9
been reversed or modified. 10
(e) A request for reconsideration submitted to the department 11
stays the effectiveness of the citation and notice of assessment or 12
determination of compliance pending the decision by the department.13
NEW SECTION. Sec. 7. (1)(a) The department may conduct an 14
investigation if a domestic worker files a complaint with the 15
department alleging a violation of this chapter, excluding violations 16
for section 2 of this act which is enforced under chapter 49.48 RCW 17
and section 6 of this act which is enforced under said section. If 18
the department discovers evidence of other violations not included in 19
the complaint while investigating the complaint, the department may 20
investigate and take appropriate enforcement action without requiring 21
the domestic worker to file a new or separate complaint.22
(b) The department may not investigate any alleged violation 23
occurring more than three years before the date that the domestic 24
worker filed the complaint for all other violations of this chapter.25
(c) If a domestic worker files a timely complaint with the 26
department, the department may investigate the complaint and issue 27
either a citation assessing a civil penalty or a closure letter 28
within 90 days after the date on which the department received the 29
complaint. The department may extend the period by providing advance 30
written notice to the domestic worker and the hiring entity setting 31
forth good cause for an extension of the period and specifying the 32
duration of the extension. 33
(2) If the department finds that the domestic worker's allegation 34
cannot be substantiated or that the complaint is otherwise resolved, 35
the department shall issue a closure letter to the domestic worker 36
and the hiring entity detailing such finding. The department may 37
consider a complaint to be resolved if the domestic worker and the 38
hiring entity reach a mutual agreement to remedy an alleged 39
p. 9 SB 6053
violation, or if the domestic worker voluntarily and on the domestic 1
worker's own initiative withdraws the complaint. 2
(3)(a) If the department finds a violation has occurred, the 3
department may order the hiring entity to pay the department a civil 4
penalty as follows: 5
(i) $1,000 for a willful violation of this chapter;6
(ii) No less than $2,000 and no greater than $20,000 for each 7
repeat willful violation. 8
(b) The department may not issue a citation assessing a civil 9
penalty under this subsection if the hiring entity reasonably relied 10
on: 11
(i) A written order, ruling, approval, opinion, advice, 12
determination, or interpretation of the director; or13
(ii) An interpretive or administrative policy issued by the 14
department and filed with the office of the code reviser. In 15
accordance with the department's retention schedule obligations under 16
chapter 40.14 RCW, the department shall maintain a complete and 17
accurate record of all written orders, rulings, approvals, opinions, 18
advice, determinations, and interpretations for purposes of 19
determining whether a hiring entity is immune from civil penalties 20
under this subsection. 21
(4) The department may, at any time, waive or reduce a civil 22
penalty assessed under this section if the department determines that 23
the hiring entity has taken corrective action. 24
(5) The department shall send the citation and notice of 25
assessment or the closure letter to both the hiring entity and the 26
domestic worker by service of process or using a method by which the 27
mailing can be tracked or the delivery can be confirmed to their last 28
known addresses. 29
(6) For purposes of this section, the following definitions 30
apply: 31
(a) "Repeat willful violator" means any hiring entity that has 32
been the subject of a final and binding citation for a willful 33
violation of one or more rights under this chapter, and all 34
applicable rules, within three years of the date of issuance of the 35
most recent citation for a willful violation of one or more such 36
rights. 37
(b) "Willful" means a knowing and intentional action that is 38
neither accidental nor the result of a bona fide dispute.39
p. 10 SB 6053
NEW SECTION. Sec. 8. (1) Any hiring entity or other person 1
aggrieved by a citation assessing a civil penalty, a determination of 2
compliance, or other order issued by the department under this 3
chapter may appeal the citation, determination, or order to the 4
director by filing a notice of appeal with the director within 30 5
days. A citation, determination, or order not appealed within 30 days 6
is final and binding, and not subject to further appeal.7
(2) A notice of appeal filed with the director under this section 8
stays the effectiveness of the citation, determination, or order 9
pending final review of the appeal by the director as provided in 10
chapter 34.05 RCW. 11
(3) Upon receipt of a notice of appeal, the director shall assign 12
the hearing to an administrative law judge of the office of 13
administrative hearings to conduct the hearing and issue an initial 14
order. The hearing and review procedures must be conducted in 15
accordance with chapter 34.05 RCW, and the standard of review by the 16
administrative law judge of an appealed citation or order must be de 17
novo. Any party who seeks to challenge an initial order shall file a 18
petition for administrative review with the director within 30 days 19
after service of the initial order. The director shall conduct the 20
administrative review in accordance with chapter 34.05 RCW.21
(4) The director shall issue all final orders after appeal of the 22
initial order. The final order of the director is subject to judicial 23
review in accordance with chapter 34.05 RCW. 24
(5) A hiring entity that fails to allow adequate inspection of 25
records in an investigation by the department within a reasonable 26
time period may not use such records in any appeal under this section 27
to challenge the correctness of any determination by the department 28
of penalties assessed. 29
NEW SECTION. Sec. 9. (1) Collections of unpaid citations and 30
penalties administered under this chapter must be handled pursuant to 31
the procedures in RCW 49.48.086.32
(2) The department shall deposit civil penalties paid under this 33
chapter into the supplemental pension fund established in RCW 34
51.44.033. 35
NEW SECTION. Sec. 10. A domestic worker injured by a violation 36
of this chapter may bring a civil action in a court of competent 37
p. 11 SB 6053
jurisdiction to recover the actual damages sustained by the worker, 1
plus reasonable attorneys' fees and costs. 2
NEW SECTION. Sec. 11. This chapter establishes minimum 3
standards and rights of domestic workers in this state. Any standards 4
and rights established by any other applicable federal, state, or 5
local law or rule that are more favorable to domestic workers than 6
the minimum standards and rights established by this chapter are not 7
affected by this chapter and remain in full force and effect and may 8
be enforced as provided by law. The remedies provided by this chapter 9
are not exclusive and are concurrent with any other remedy provided 10
by law.11
NEW SECTION. Sec. 12. The department may adopt rules necessary 12
to implement and enforce this chapter.13
Sec. 13. RCW 49.46.010 and 2025 c 236 s 1 are each reenacted and 14
amended to read as follows: 15
As used in this chapter: 16
(1) "Coercion" means a threat to compel or induce a person to 17
engage in conduct which the person has a legal right to abstain from, 18
or to abstain from conduct in which the person has a legal right to 19
engage in; 20
(2) "Director" means the director of labor and industries;21
(3) "Employ" includes to permit to work; 22
(4) "Employee" includes any individual employed by an employer 23
but shall not include: 24
(a) Any individual (i) employed as a hand harvest laborer and 25
paid on a piece rate basis in an operation which has been, and is 26
generally and customarily recognized as having been, paid on a piece 27
rate basis in the region of employment; (ii) who commutes daily from 28
his or her permanent residence to the farm on which he or she is 29
employed; and (iii) who has been employed in agriculture less than 30
thirteen weeks during the preceding calendar year;31
(b) Any individual employed in casual labor in or about a private 32
home, unless performed in the course of the employer's trade, 33
business, or profession; 34
(c) Any individual employed in a bona fide executive, 35
administrative, or professional capacity or in the capacity of 36
outside salesperson as those terms are defined and delimited by rules 37
p. 12 SB 6053
of the director. However, those terms shall be defined and delimited 1
by the human resources director pursuant to chapter 41.06 RCW for 2
employees employed under the director of personnel's jurisdiction;3
(d) Any individual engaged in the activities of an educational, 4
charitable, religious, state or local governmental body or agency, or 5
nonprofit organization where the employer-employee relationship does 6
not in fact exist or where the services are rendered to such 7
organizations gratuitously. If the individual receives reimbursement 8
in lieu of compensation for normally incurred out-of-pocket expenses 9
or receives a nominal amount of compensation per unit of voluntary 10
service rendered, an employer-employee relationship is deemed not to 11
exist for the purpose of this section or for purposes of membership 12
or qualification in any state, local government, or publicly 13
supported retirement system other than that provided under chapter 14
41.24 RCW; 15
(e) Any individual employed full time by any state or local 16
governmental body or agency who provides voluntary services but only 17
with regard to the provision of the voluntary services. The voluntary 18
services and any compensation therefor shall not affect or add to 19
qualification, entitlement, or benefit rights under any state, local 20
government, or publicly supported retirement system other than that 21
provided under chapter 41.24 RCW; 22
(f) Any newspaper vendor, carrier, or delivery person selling or 23
distributing newspapers on the street, to offices, to businesses, or 24
from house to house and any freelance news correspondent or 25
"stringer" who, using his or her own equipment, chooses to submit 26
material for publication for free or a fee when such material is 27
published; 28
(g) Any carrier subject to regulation by Part 1 of the Interstate 29
Commerce Act; 30
(h) Any individual engaged in forest protection and fire 31
prevention activities; 32
(i) Any individual employed by any charitable institution charged 33
with child care responsibilities engaged primarily in the development 34
of character or citizenship or promoting health or physical fitness 35
or providing or sponsoring recreational opportunities or facilities 36
for young people or members of the armed forces of the United States;37
(j) Any individual whose duties require that he or she reside or 38
sleep at the place of his or her employment or who otherwise spends a 39
substantial portion of his or her work time subject to call ((,)) and 40
p. 13 SB 6053
not engaged in the performance of active duties , except this 1
exemption does not apply to any individual employed by an employer as 2
a domestic worker as defined under section 1 of this act;3
(k) Any resident, inmate, or patient of a state, county, or 4
municipal correctional, detention, treatment or rehabilitative 5
institution; 6
(l) Any individual who holds a public elective or appointive 7
office of the state, any county, city, town, municipal corporation or 8
quasi municipal corporation, political subdivision, or any 9
instrumentality thereof, or any employee of the state legislature;10
(m) All vessel operating crews of the Washington state ferries 11
operated by the department of transportation; 12
(n) Any individual employed as a seaman on a vessel other than an 13
American vessel; 14
(o) Any farm intern providing his or her services to a small farm 15
which has a special certificate issued under RCW 49.12.471;16
(p) An individual who is at least 16 years old but under twenty-17
one years old, in his or her capacity as a player for a junior ice 18
hockey team that is a member of a regional, national, or 19
international league and that contracts with an arena owned, 20
operated, or managed by a public facilities district created under 21
chapter 36.100 RCW; or 22
(q) Any individual who has entered into a contract to play 23
baseball at the minor league level and who is compensated pursuant to 24
the terms of a collective bargaining agreement that expressly 25
provides for wages and working conditions; 26
(5) "Employer" includes any individual, partnership, association, 27
corporation, business trust, or any person or group of persons acting 28
directly or indirectly in the interest of an employer in relation to 29
an employee; 30
(6) "Occupation" means any occupation, service, trade, business, 31
industry, or branch or group of industries or employment or class of 32
employment in which employees are gainfully employed;33
(7) "Retail or service establishment" means an establishment 34
seventy-five percent of whose annual dollar volume of sales of goods 35
or services, or both, is not for resale and is recognized as retail 36
sales or services in the particular industry; 37
(8) "Threat" means any implicit or explicit communication 38
specifically pertaining to an employee's or an employee's family 39
member's immigration status that is made by the employer to deter an 40
p. 14 SB 6053
employee from engaging in protected activities or exercising a right 1
under this chapter, chapter 49.12, 49.30, or 49.48 RCW, or any rules 2
issued by the department of labor and industries pursuant to those 3
chapters; 4
(9) "Wage" means compensation due to an employee by reason of 5
employment, payable in legal tender of the United States or checks on 6
banks convertible into cash on demand at full face value, subject to 7
such deductions, charges, or allowances as may be permitted by rules 8
of the director. 9
Sec. 14. RCW 49.60.230 and 2020 c 145 s 1 are each amended to 10
read as follows: 11
(1) Who may file a complaint: 12
(a) Any person claiming to be aggrieved by an alleged unfair 13
practice may, personally or by his or her attorney, make, sign, and 14
file with the commission a complaint in writing under oath or by 15
declaration. The complaint shall state the name of the person alleged 16
to have committed the unfair practice and the particulars thereof, 17
and contain such other information as may be required by the 18
commission. 19
(b) Whenever it has reason to believe that any person has been 20
engaged or is engaging in an unfair practice, the commission may 21
issue a complaint. 22
(c) Any employer or principal whose employees, or agents, or any 23
of them, refuse or threaten to refuse to comply with the provisions 24
of this chapter may file with the commission a written complaint 25
under oath or by declaration asking for assistance by conciliation or 26
other remedial action. 27
(2) Any complaint filed pursuant to this section must be filed 28
within six months after the alleged act of discrimination, except 29
that complaints alleging an unfair practice related to:30
(a) A real estate transaction pursuant to RCW 49.60.222 through 31
49.60.225 must be filed within one year after the alleged unfair 32
practice in a real estate transaction has occurred or terminated;33
(b) Pregnancy discrimination pursuant to RCW 49.60.180 must be 34
filed within one year after the alleged unfair practice; and35
(c) A complaint alleging whistleblower retaliation must be filed 36
within two years. 37
(3) The complaint process under this section is not available for 38
unfair practices under section 15 of this act.39
p. 15 SB 6053
NEW SECTION. Sec. 15. A new section is added to chapter 49.60 1
RCW to read as follows: 2
(1) This section applies only where a domestic worker is not 3
afforded protections from the actions of a hiring entity under RCW 4
49.60.180. 5
(2)(a) It is an unfair practice for any hiring entity to 6
discriminate against a domestic worker in compensation because of the 7
domestic worker's age, sex, marital status, sexual orientation, race, 8
creed, color, national origin, citizenship or immigration status, 9
honorably discharged veteran or military status, or the presence of 10
any sensory, mental, or physical disability or the use of a trained 11
dog guide or service animal by a person with a disability.12
(b) It is an unfair practice for any hiring entity to discharge a 13
domestic worker from employment because of the domestic worker's age, 14
sex, marital status, sexual orientation, race, creed, color, national 15
origin, citizenship or immigration status, honorably discharged 16
veteran or military status, or the presence of any sensory, mental, 17
or physical disability or the use of a trained dog guide or service 18
animal by a person with a disability. 19
(3) The complaint process under RCW 49.60.230 through 49.60.280 20
is not available for unfair practices under this section. A domestic 21
worker injured by a violation of this section may file a civil action 22
under RCW 49.60.030(2). 23
(4) For purposes of this section: 24
(a) "Domestic worker" has the same meaning as defined in section 25
1 of this act, as limited by other applicable definitions in section 26
1 of this act, including but not limited to "casual labor" and 27
"family member." "Domestic worker" does not include an employee, as 28
defined in this chapter, who is otherwise afforded protections by RCW 29
49.60.180. 30
(b) "Hiring entity" has the same meaning as defined in section 1 31
of this act. 32
NEW SECTION. Sec. 16. Sections 1 through 12 of this act 33
constitute a new chapter in Title 49 RCW.34
NEW SECTION. Sec. 17. This act takes effect July 1, 2027.35
--- END ---
p. 16 SB 6053