Wage enforcement discretion

AN ACT Relating to adding discretion to wage enforcement actions; 1
and amending RCW 49.48.040 and 49.48.083. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 49.48.040 and 1987 c 172 s 1 are each amended to 4
read as follows: 5
(1) The department of labor and industries may:6
(a) Upon obtaining information indicating an employer may be 7
committing a violation under this chapter and chapters 39.12((,)) and 8
49.46((, and 49.48)) RCW and associated rules, conduct investigations 9
to ensure compliance with this chapter and chapters 39.12((,)) and 10
49.46((, and 49.48)) RCW and associated rules; 11
(b) Order the payment of all ((wages)) amounts owed the workers 12
under this chapter and chapters 39.12 and 49.46 RCW, and associated 13
rules and institute actions necessary for the collection of the 14
((sums)) amounts determined owed; and 15
(c) Take assignments of ((wage)) claims under this chapter and 16
chapters 39.12 and 49.46 RCW, and associated rules and prosecute 17
actions for the collection of ((wages)) amounts owed of persons who 18
are financially unable to employ counsel when in the judgment of the 19
director of the department the claims are valid and enforceable in 20
the courts. 21
Z-0493.1
SENATE BILL 6058
State of Washington 69th Legislature 2026 Regular Session
By Senators Saldaña, Conway, Dhingra, Nobles, Orwall, and Trudeau; by
request of Department of Labor & Industries
Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
on Labor & Commerce.
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(2) When the department orders the payment of all amounts owed 1
under subsection (1)(b) of this section in an administrative order, 2
including interest of one percent per month on all wages owed, the 3
department may also assess penalties under RCW 49.48.083(3). The 4
amounts and interest owed must be calculated from the first date 5
amounts were owed to the employee, except that the department may not 6
order the employer to pay any amounts and interest that were owed 7
more than three years before the date the department obtained 8
information indicating an employer may have committed violations 9
under this chapter and chapters 39.12 and 49.46 RCW or associated 10
rules. Appeals to administrative orders issued under this section are 11
conducted pursuant to RCW 49.48.084. Collections of the 12
administrative orders issued under this section are conducted 13
pursuant to RCW 49.48.086.14
(3) The director of the department or any authorized 15
representative may, for the purpose of carrying out RCW 49.48.040 16
through 49.48.080: (a) Issue subpoenas to compel the attendance of 17
witnesses or parties and the production of books, papers, or records; 18
(b) administer oaths and examine witnesses under oath; (c) take the 19
verification of proof of instruments of writing; and (d) take 20
depositions and affidavits. If assignments for wage claims are taken, 21
court costs shall not be payable by the department for prosecuting 22
such suits. 23
(((3))) (4) The director shall have a seal inscribed "Department 24
of Labor and Industries — State of Washington" and all courts shall 25
take judicial notice of such seal. Obedience to subpoenas issued by 26
the director or authorized representative shall be enforced by the 27
courts in any county. 28
(((4))) (5) The director or authorized representative shall have 29
free access to all places and works of labor. Any employer or any 30
agent or employee of such employer who refuses the director or 31
authorized representative admission therein, or who, when requested 32
by the director or authorized representative, ((wilfully)) willfully 33
neglects or refuses to furnish the director or authorized 34
representative any statistics or information pertaining to his or her 35
lawful duties, which statistics or information may be in his or her 36
possession or under the control of the employer or agent, shall be 37
guilty of a misdemeanor. 38
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Sec. 2. RCW 49.48.083 and 2023 c 243 s 1 are each amended to 1
read as follows: 2
(1) If an employee files a wage complaint with the department, 3
the department ((shall)) may investigate the wage complaint. Unless 4
otherwise resolved, when the department ((shall issue )) accepts a 5
complaint either a citation and notice of assessment or a 6
determination of compliance shall be issued no later than 60 days 7
after the date on which the department ((received)) accepted the wage 8
complaint. The department may extend the time period by providing 9
advance written notice to the employee and the employer setting forth 10
good cause for an extension of the time period and specifying the 11
duration of the extension. The department may not investigate any 12
alleged violation of a wage payment requirement that occurred more 13
than three years before the date that the employee filed the wage 14
complaint. The department shall send the citation and notice of 15
assessment or the determination of compliance to both the employer 16
and the employee by service of process or using a method by which the 17
mailing can be tracked or the delivery can be confirmed to their last 18
known addresses. 19
(2) If the department determines that an employer has violated a 20
wage payment requirement and issues to the employer a citation and 21
notice of assessment, the department may order the employer to pay 22
employees all wages owed, including interest of one percent per month 23
on all wages owed, to the employee. The wages and interest owed must 24
be calculated from the first date wages were owed to the employee, 25
except that the department may not order the employer to pay any 26
wages and interest that were owed more than three years before the 27
date the wage complaint was filed with the department.28
(3) If the department determines that the violation of the wage 29
payment requirement was a willful violation, the department also may 30
order the employer to pay the department a civil penalty as specified 31
in (a) of this subsection. 32
(a) A civil penalty for a willful violation of a wage payment 33
requirement shall be not less than ((one thousand dollars)) $1,000 or 34
an amount equal to ((ten)) 10 percent of the total amount of unpaid 35
wages, whichever is greater. The maximum civil penalty for a willful 36
violation of a wage payment requirement ((shall be twenty thousand 37
dollars)) is $20,000. 38
(b) The department may not assess a civil penalty if the employer 39
reasonably relied on: (i) A rule related to any wage payment 40
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requirement; (ii) a written order, ruling, approval, opinion, advice, 1
determination, or interpretation of the director; or (iii) an 2
interpretive or administrative policy issued by the department and 3
filed with the office of the code reviser. In accordance with the 4
department's retention schedule obligations under chapter 40.14 RCW, 5
the department shall maintain a complete and accurate record of all 6
written orders, rulings, approvals, opinions, advice, determinations, 7
and interpretations for purposes of determining whether an employer 8
is immune from civil penalties under (b)(ii) of this subsection.9
(c) The department shall waive any civil penalty assessed against 10
an employer under this section if the employer is not a repeat 11
willful violator, and the director determines that the employer has 12
provided payment to the employee of all wages that the department 13
determined that the employer owed to the employee, including 14
interest, within ((ten)) 10 business days of the employer's receipt 15
of the citation and notice of assessment from the department.16
(d) The department may waive or reduce at any time a civil 17
penalty assessed under this section if the director determines that 18
the employer paid all wages and interest owed to an employee.19
(e) The department shall deposit civil penalties paid under this 20
section in the supplemental pension fund established under RCW 21
51.44.033. 22
(4) Upon payment by an employer, and acceptance by an employee, 23
of all wages and interest assessed by the department in a citation 24
and notice of assessment issued to the employer, the fact of such 25
payment by the employer, and of such acceptance by the employee, 26
shall: (a) Constitute a full and complete satisfaction by the 27
employer of all specific wage payment requirements addressed in the 28
citation and notice of assessment; and (b) bar the employee from 29
initiating or pursuing any court action or other judicial or 30
administrative proceeding based on the specific wage payment 31
requirements addressed in the citation and notice of assessment. The 32
citation and notice of assessment shall include a notification and 33
summary of the specific requirements of this subsection.34
(5) The applicable statute of limitations for civil actions is 35
tolled ((during the department's investigation of )) for an employee's 36
wage complaint against an employer once filed with the department . 37
For the purposes of this subsection, ((the department's investigation 38
begins)) a complaint is filed with the department on the date the 39
employee files the wage complaint with the department and ends when: 40
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(a) The wage complaint is finally determined through a final and 1
binding citation and notice of assessment or determination of 2
compliance; ((or)) (b) the department notifies the employer and the 3
employee in writing that the wage complaint has been otherwise 4
resolved or that the employee has elected to terminate the 5
department's administrative action under RCW 49.48.085; or (c) the 6
department notifies the worker the wage complaint will not be 7
accepted. 8
(6) For all wage complaints filed on or after January 1, 2024, if 9
the department offers the employer the option to resolve a wage 10
complaint without a citation and notice of assessment, and the 11
employer chooses to accept the offer, any settlement must include 12
interest of one percent per month on all amounts owed. The employee 13
may request a waiver or reduction of interest as part of the 14
settlement process. 15
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