title: RCW 49.95.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Abusive conduct" means conduct in a work setting that qualifies as workplace aggression, workplace violence, aggravated workplace violence, physical sexual aggression, rape, attempted rape, sexual contact, sexual harassment, workplace physical aggression, workplace verbal aggression, or inappropriate sexual behavior. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered abusive conduct for the purposes of this chapter if expressly exempted from the applicable definition.
(2) "Aggravated workplace violence," "aggravated violence," or "aggravated violent act" means assault or physically threatening behavior involving the use of a lethal weapon or a common object used as a lethal weapon, regardless of whether the use of a lethal weapon resulted in injury.
(3) "Challenging behavior" means behavior by a service recipient that is specifically caused by or related to a disability that might be experienced by a long-term care worker as offensive or presenting a safety risk.
(4) "Covered employer" means:
(a) A consumer directed employer as defined in RCW 74.39A.009; and
(b) A home care agency as defined in RCW 70.127.010.
(5) "Department" means the department of labor and industries.
(6) "Disability" has the same meaning as in RCW 49.60.040.
(7) "Discrimination" means employment discrimination prohibited by chapter 49.60 RCW, including discriminatory harassment. It shall not constitute discrimination for a recipient of personal care services as defined in RCW 74.39A.009 to refuse to hire or terminate an employment relationship with an employee based on gender preferences.
(8) "Discriminatory harassment" is unwelcome conduct that is based on a protected class listed in RCW 49.60.030(1) where the conduct is enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. "Discriminatory harassment" includes sexual harassment. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered discriminatory harassment for purposes of this chapter.
(9) "Employee" means a long-term care worker as defined in RCW 74.39A.009 that is employed by a covered employer.
(10) "Inappropriate sexual behavior" means nonphysical acts of a sexual nature that a reasonable person would consider offensive or intimidating, such as sexual comments, unwanted requests for dates or sexual favors, or leaving sexually explicit material in view. An act may be considered inappropriate sexual behavior independent of whether the act is severe or pervasive enough to be considered sexual harassment. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered inappropriate sexual behavior for purposes of this chapter.
(11) "Long-term care workers" means all persons who provide paid, hands-on personal care services for the elderly or persons with disabilities, including individual providers of home care services, direct care workers employed by home care agencies or a consumer directed employer, and providers of home care services to persons with developmental disabilities under Title 71A RCW.
(12) "Physical sexual aggression" means any type of sexual contact or behavior, other than rape or attempted rape, that occurs without the explicit consent of the recipient. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered physical sexual aggression for the purposes of this chapter.
(13) "Rape" or "attempted rape" have the same meanings as in RCW 9A.44.040, 9A.44.050, and 9A.44.060.
(14) "Sexual contact" has the same meaning as in RCW 9A.44.010. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered sexual contact for the purposes of this chapter.
(15) "Sexual harassment" has the same meaning as in RCW 28A.640.020. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered sexual harassment for purposes of this chapter.
(16) "Trauma-informed care" means a strength-based service delivery approach that:
(a) Is grounded in the understanding of and responsiveness to the impact of trauma;
(b) Emphasizes physical, psychological, and emotional safety for both providers and survivors; and
(c) Creates opportunities for survivors to rebuild a sense of control and empowerment.
(17) "Workplace physical aggression" means an occurrence of physically threatening behavior in a work setting, including threats of physical harm, or an occurrence of slapping, biting, or intentionally bumping. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered workplace physical aggression for purposes of this chapter.
(18) "Workplace verbal aggression" means acts of nonphysical hostility or threats of violence in the work setting. "Workplace verbal aggression" includes verbal aggression such as insulting or belittling an individual. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered workplace verbal aggression for purposes of this chapter.
(19) "Workplace violence," "violence," or "violent act" means the occurrence of physical assault, such as hitting or kicking, including using a nonlethal weapon. For service recipients, behavior that meets the definition of subsection (3) of this section is not considered workplace violence for purposes of this chapter.
[ 2020 c 309 s 2.]


doc_type: statute

jurisdiction: wa

title: RCW 49.95.020

text:
(1) Beginning July 1, 2021, each covered employer must adopt and maintain a comprehensive written policy concerning how the covered employer shall address instances of discrimination, abusive conduct, and challenging behavior and work to resolve issues impacting the provision of personal care. The covered employer must:
(a) Disseminate the comprehensive written policy to each employee at the beginning of employment, annually, and on the issuance of any substantive update to the comprehensive written policy;
(b) Post the comprehensive written policy in prominent locations at its place of business and in a prominent location on its website, such as an online payroll portal, if applicable. The covered employer must provide employees with a copy of the current policy within thirty days of the employee's date of hire, and at least once a year thereafter;
(c) Make the policy available in plain English and in each of the three languages spoken most by long-term care workers in the state;
(d) Review and update the adopted policy annually; and
(e) Ensure that all employees are aware of the current policy and the changes from the previous policy.
(2) At a minimum, the comprehensive written policy must include:
(a) A definition of discrimination, harassment, abusive conduct, and challenging behavior;
(b) A description of the types of discrimination and abusive conduct covered by the policy, with examples relevant to the long-term care workforce;
(c) The identification of multiple persons to whom an employee may report discrimination, abusive conduct, and challenging behavior;
(d) Stated permission and a process for allowing workers to leave situations where they feel their safety is at immediate risk. This process must include a requirement to notify the employer and applicable third parties such as department of social and health services case managers, emergency services, or service recipient decision makers as soon as possible. The process must not authorize abandonment as defined in RCW 74.34.020 unless the worker has called the phone number provided by the employer for emergency assistance and has a reasonable fear of imminent bodily harm;
(e) A stated prohibition against retaliation for actions related to disclosing, challenging, reporting, testifying, or assisting in an investigation regarding allegations of discrimination, abusive conduct, or challenging behavior, and a description of how the employer will protect employees against retaliation;
(f) A list of resources about discrimination and harassment for long-term care workers to utilize. At a minimum, the resources must include contact information of the equal employment opportunity commission, the Washington state human rights commission, and local advocacy groups focused on preventing harassment and discrimination and providing support for survivors; and
(g) Any additional components recommended by the work group established in RCW 49.95.060 for the purpose of preventing discrimination and abusive conduct and responding to challenging behavior.
[ 2020 c 309 s 3.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Discrimination, abusive conduct, and challenging behavior—Written policy required.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 49.95.030

text:
(1)(a) Beginning July 1, 2021, each covered employer shall implement a plan to prevent and protect employees from abusive conduct, to assist employees working in environments with challenging behavior, and work to resolve issues impacting the provision of personal care. This plan should be reviewed and updated as necessary and at least once every three years. The plan shall be developed and monitored by a workplace safety committee. The members of the workplace safety committee shall consist of individuals that are employee-elected, employer-selected, and include at least one service recipient representative. The number of employee-elected members shall equal or exceed the number of employer-selected members. A labor management committee established by a collective bargaining agreement that receives formal input from representatives of service recipients who wish to participate in the committee's deliberations shall be sufficient to fulfill the requirement for a workplace safety committee in this chapter.
(b) If a workplace safety committee does not have the requisite number of employee-elected members or service recipient representatives because employees or service recipient representatives do not wish to participate in the workplace safety committee, the covered employer will be considered in compliance with the requirement to have a workplace safety committee if the covered employer has documented evidence showing it was unable to get employees or a service recipient representative to participate in the workplace safety committee.
(2) The plan developed under subsection (1) of this section, at a minimum, must include:
(a) Processes for intervening and providing assistance to an employee directly affected by challenging behavior including accessing technical assistance or similar resources, if available, to assist employees when challenging behavior occurs;
(b) Processes that covered employers may follow to engage appropriate members of the care team, such as case managers or health professionals when allegations of discrimination, abusive conduct, or challenging behaviors occur;
(c) The development of processes for reporting, intervening, and providing assistance to an employee directly affected by abusive conduct; and
(d) Processes covered employers may follow to engage the service recipient in problem resolution with the goal of ending abusive or discriminatory conduct while working to address issues impacting the provision of personal care.
(3) Each covered employer and workplace safety committee must annually review the frequency of incidents of discrimination and abusive conduct in the home care setting, including identification of the causes for, and consequences of, abusive conduct and any emerging issues that contribute to abusive conduct. As part of its annual review, the workplace safety committee must also review the number of miscategorizations in aggregate. The covered employer must adjust the plan developed under subsection (1) of this section as necessary based on this annual review.
(4) In developing the plan required by subsection (1) of this section, the covered employer shall consider any guidelines on violence in the workplace or in health care settings issued by the department of health, the department of social and health services, the department of labor and industries, the federal occupational safety and health administration, and the work group created in RCW 49.95.060.
(5) Nothing in this chapter requires an individual recipient of services to develop or implement the plan required by this section.
[ 2020 c 309 s 4.]

catchline: Abusive conduct, challenging behavior prevention and assistance plan—Requirements.


title: RCW 49.95.040

text:
(1)(a) Covered employers must inform an employee of instances of discrimination and abusive conduct occurring in or around the service recipient's home care setting prior to assigning the employee to that service recipient, and throughout the duration of service, if those instances are:
(i) Documented by the covered employer; or
(ii) Documented by the department of social and health services and communicated to the covered employer.
(b) Covered employers must inform an employee, prior to assigning the employee to a service recipient, of a service recipient's challenging behavior that is documented:
(i) In the service recipient's care plan;
(ii) By the covered employer; or
(iii) By the department of social and health services and communicated to the covered employer.
(2)(a) Communication of the information in subsection (1) of this section must be tailored to respect the privacy of service recipients in accordance with the federal health insurance portability and accountability act of 1996.
(b) Upon request of the service recipient, a covered employer must provide a copy of the information the covered employer communicated to the employee under subsection (1) of this section.
(3) If a covered employer miscategorizes an instance as discrimination or abusive conduct that should have been categorized as challenging behavior, or if a covered employer miscategorizes an instance as challenging behavior that should have been categorized as discrimination or abusive conduct, the covered employer must correct the categorization, correct how the instance was reported under RCW 49.95.050, and comply with any provisions under this chapter applicable to addressing the behavior or conduct.
(4) A covered employer may not terminate an employee, reduce the pay of an employee, or not offer future assignments to an employee for requesting reassignment due to alleged discrimination, abusive conduct, or challenging behavior.
(5) Nothing in this section prevents a covered employer from:
(a) Disciplining or terminating an employee if an allegation or request for reassignment was reasonably determined to be false or not made in good faith;
(b) Terminating an employee or reducing hours due to lack of suitable work; or
(c) Disciplining or terminating an employee for lawful reasons unrelated to their request for reassignment.
(6) Nothing in this section requires an individual recipient of services to provide information required by this section to an employee. Nothing in this chapter shall limit the rights of a recipient of services under chapter 74.39A RCW to select, dismiss, assign hours, and supervise the work of individual providers as in RCW 74.39A.500(1)(b).
[ 2020 c 309 s 5.]

catchline: Employer duty to inform.


title: RCW 49.95.050

text:
(1) Covered employers are required to keep a record of any reported incidents of discrimination or abusive conduct experienced by an employee during the provision of paid personal care services. The records must be kept for at least five years following the reported act and must be made available for inspection by the department or its agents upon request. If the covered employer makes its records available to the exclusive bargaining representative representing the employer's employees, the exclusive bargaining representative may assess whether the employer is meeting the data collection requirements in this section. The department must take into consideration the exclusive bargaining representative's assessment when determining whether an employer is in compliance with this section. Covered employers must make anonymized aggregate data of reported incidents available to the work group created under RCW 49.95.060.
(2) The retained records must include:
(a) The covered employer's name and address;
(b) The date, time, and location of where the act occurred;
(c) The reporting method;
(d) The name of the person who experienced the act;
(e) A description of the person committing the act as:
(i) A service recipient;
(ii) Another resident of the home care setting;
(iii) A visitor to the home care setting;
(iv) Another employee;
(v) A manager or supervisor; or
(vi) Other;
(f) A description of the type of act as one or more of the following:
(i) Discrimination, including discriminatory harassment;
(ii) Sexual harassment, inappropriate sexual behavior, or sexual contact;
(iii) Physical sexual aggression;
(iv) Rape or attempted rape;
(v) Workplace verbal aggression;
(vi) Workplace violence;
(vii) Workplace physical aggression; or
(viii) Aggravated workplace violence;
(g) A description of the actions taken by the employee and the covered employer in response to the act; and
(h) A description of how the incident was resolved.
(3) Nothing in this section requires an individual recipient of services to keep, collect, or provide any data required by this section to the department.
(4) Communication of the information in this section must be tailored to respect the privacy of service recipients in accordance with the federal health insurance portability and accountability act of 1996.
[ 2020 c 309 s 6.]

catchline: Records required of reported incidents.


title: RCW 49.95.060

text:
(1) The department of social and health services must convene a stakeholder work group to recommend policy changes and best practices for training employers, long-term care workers, and service recipients to keep home care settings free from discrimination and abusive conduct while maintaining the ability for individuals who need services to access needed services while maintaining the ability to provide services.
(2) To the extent practicable, the following groups should be represented in the work group, each group may have one representative, unless otherwise specified:
(a) The department of social and health services;
(b) The department of labor and industries;
(c) The Washington state human rights commission;
(d) Two representatives of covered employers, one of which is chosen by the association which represents home care agencies which contract with area agencies on aging for medicaid home care services, and one of which is representative of the consumer directed employer;
(e) Two representatives from labor organizations representing employees;
(f) Two long-term care workers that work for a covered employer;
(g) Organizations with at least five years of experience providing training to at least ten thousand long-term care workers;
(h) Two representatives of disability advocacy organizations, at least one of whom represents individuals with developmental disabilities;
(i) Three service recipients, at least one of whom lives with a developmental disability and one of whom is over age sixty-five;
(j) A family member or guardian of a service recipient;
(k) Area agencies on aging; and
(l) No more than three subject matter experts determined to be necessary by the work group.
(3) In developing the report required by subsection (4) of this section, the work group shall consider:
(a) Using new employee orientation to emphasize the prevention of discrimination and abusive conduct;
(b) The extent to which current training content could be modified to cover content within existing hours of required training such as basic, modified basic, and/or continuing education;
(c) Requiring training about discrimination and abusive conduct for all employees;
(d) Interactive teaching strategies that engage across multiple literacy levels;
(e) Factors that are predictive of discrimination and abusive conduct;
(f) The violence escalation cycle;
(g) De-escalation techniques to minimize abusive conduct or challenging behavior;
(h) Strategies to prevent physical harm with hands-on practice or role play;
(i) How incorporating information on trauma-informed care could improve the effectiveness of training and reduce interruptions to the provision of personal care;
(j) How incorporating person-centered planning practices could minimize challenging behaviors and reduce interruptions to the provision of personal care;
(k) Best practices for documenting and reporting incidents;
(l) The debriefing process for affected employees following violent acts;
(m) Resources available to employees for coping with the effects of violence;
(n) Culturally competent peer-to-peer training for the prevention of discrimination and abusive conduct;
(o) Best practices for training service recipients on preventing discrimination and abusive conduct in the home care setting;
(p) Best practices for training direct supervisors on preventing and responding to reports of discrimination and abusive conduct in the home care setting;
(q) Recommended best practices for workplace safety committees referenced in RCW 49.95.030 and recommended topics to be included in prevention plans required in RCW 49.95.030;
(r) Other policy changes that will reduce discrimination and abusive conduct in the workplace and best prepare employees to work in environments where challenging behavior occurs; and
(s) Other best practices from trainings developed in other states or for other industries to prevent discrimination and abusive conduct in home care settings or the workplace.
(4) By December 1, 2021, the work group must submit to the legislature a report with recommendations for training long-term care workers, agency supervisors, and service recipients in order to prevent discrimination and abusive conduct in the workplace, minimize challenging behaviors, and reduce interruptions to the provision of personal care. The report must also address issues regarding the continuation of collecting and reviewing data, the future role of the work group, and how the work group is measuring the efficacy of its recommendations. The report may inform the prevention plans required in RCW 49.95.030.
[ 2020 c 309 s 7.]

catchline: Work group.


title: RCW 49.95.070

text:
(1) The department may conduct investigations to ensure compliance when information is obtained that a covered employer may be committing a violation under this chapter or in response to complaints from employees or employee representatives for the following requirements of this chapter:
(a) A written policy as required by RCW 49.95.020 that includes the minimum elements under RCW 49.95.020(2) and is updated annually;
(b) The written policy is provided to employees in accordance with RCW 49.95.020(1) (a) through (c) and (e);
(c) A current plan as required by RCW 49.95.030 that includes the minimum elements under RCW 49.95.030(2);
(d) The prior notice requirement under RCW 49.95.040(1);
(e) The recordkeeping and retention requirements under RCW 49.95.050; and
(f) The retaliation prohibition under RCW 49.95.040(4) upon receipt of a complaint by an employee who believes that he or she was subject to retaliation.
(2) The department may prioritize investigations as needed to allow for timely resolution.
(3) Nothing in this chapter limits the department's ability to investigate under any other authority.
(4) Nothing in this chapter limits a worker's right to pursue private legal action.
(5) Nothing in this chapter authorizes the department to investigate individual allegations of harassment, abuse, or discrimination made by employees against recipients of care or other individuals.
(6) The department of social and health services and its agents shall not be liable for the acts or omissions of a covered employer that are in violation of this chapter.
(7) Covered employers shall not be liable for the acts or omissions of the department of social and health services or agents thereof that are in violation of this chapter.
(8) Failure of a covered employer to comply with the requirements under subsection (1)(a) though (e) of this section shall subject the covered employer to citation under chapter 49.17 RCW. Claims of retaliation under subsection (1)(f) of this section are subject to the provisions of RCW 49.17.160.
[ 2020 c 309 s 8.]


title: RCW 49.96.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Casual labor" means work that is irregular, uncertain, and incidental in nature and duration, and is different in nature from the type of paid work in which the worker is customarily engaged in.
(2) "Department" means the department of labor and industries.
(3) "Director" means the director of the department.
(4)(a) "Domestic worker" includes any person who:
(i) Is an hourly employee, salaried employee, or independent contractor;
(ii) Receives payment from a hiring entity for the work or services described in (a)(iii) of this subsection for four or more hours in any month; and
(iii) Works or provides services in one or more private residences as a nanny, child care provider, home care worker, personal care provider, housekeeper or cleaner, cook, gardener, or household manager.
(b) "Domestic worker" does not include:
(i) A person performing casual labor in or about a private residence, unless the work is performed in the course of the hiring entity's trade, business, or profession;
(ii) A person performing babysitting on an irregular and uncertain basis that is incidental in nature and duration;
(iii) A person performing pet sitting, dog walking, or house sitting who is not also performing the work described in (a)(iii) of this subsection;
(iv) An individual provider, as defined in RCW 74.39A.240, or any provider employed by a home care agency as defined in RCW 70.127.010 if the home care agency receives funds through chapter 74.39A RCW; or
(v) A person in a family relationship with, or who is a family member of, the hiring entity.
(5) "Family member" and "family relationship" must be liberally construed to include, but not be limited to, a parent, child, sibling, aunt, uncle, cousin, grandparent, grandchild, grandniece, or grandnephew, or such relatives when related by marriage.
(6)(a) "Hiring entity" means any person, group of persons, partnership, association, corporation, business trust, employer as defined in RCW 49.46.010, or any combination thereof, that provides payment to a domestic worker for the domestic worker's work or services.
(b) "Hiring entity" does not include state agencies or home care agencies as defined in RCW 70.127.010 if the home care agency receives funds through chapter 74.39A RCW.
[ 2026 c 15 s 1.]
Notes:
Effective date—2026 c 15: "This act takes effect July 1, 2027." [ 2026 c 15 s 17.]

catchline: Definitions. (Effective July 1, 2027.)


title: RCW 49.96.020

text:
(1) A hiring entity shall pay the domestic worker compensation at a rate that is equal to or greater than the minimum hourly rate established by the department under RCW 49.46.020.
(2) A hiring entity shall pay the domestic worker overtime compensation at a rate of not less than one and one-half times the worker's regular rate of pay for hours worked in excess of 40 hours in a workweek.
(3)(a) A hiring entity may not:
(i) Collect or receive from a domestic worker a rebate of any part of the compensation paid by the hiring entity to the domestic worker; or
(ii) Willfully, with intent to deprive the domestic worker of any part of the domestic worker's compensation, pay a domestic worker a lower rate of compensation than what the hiring entity is obligated to pay the domestic worker by agreement or contract.
(b) This subsection does not make it unlawful for a hiring entity to withhold or divert any portion of a domestic worker's compensation when required or empowered to do so by state or federal law or when a deduction has been expressly authorized in writing in advance by the domestic worker for a lawful purpose accruing to the benefit of such domestic worker. Any withholdings must be documented in writing by the hiring entity.
(4) This section must be enforced as a wage payment requirement under chapter 49.48 RCW.
(5) This section does not apply where a domestic worker voluntarily provides additional home care in excess of a written agreement between only the domestic worker and a family member to whom the domestic worker is providing services.
[ 2026 c 15 s 2.]
Notes:
Effective date—2026 c 15: See note following RCW 49.96.010.

catchline: Wage requirements—Deductions—Exception. (Effective July 1, 2027.)


title: RCW 49.96.030

text:
(1) A hiring entity shall specify the terms for a domestic worker's position or services and the domestic worker's rate of pay in a written agreement. If applicable for the position or services or if otherwise provided by the hiring entity, the written agreement must also include work schedules, rate of pay for additional duties, payroll deductions, transportation costs and benefits, severance benefits, health insurance coverage and costs, any applicable fees and costs for the domestic worker associated with expectations for the work, and any sick, vacation, personal, and holiday leave benefits.
(2) The written agreement must be in a language or languages understood by the worker and hiring entity. The hiring entity shall provide the domestic worker with a copy of the written agreement and a disclosure of rights specified in RCW 49.96.040.
(3)(a) Except as provided in (b) of this subsection, the hiring entity shall provide a minimum two-week written notification period before termination of the domestic worker's position or services. For a live-in domestic worker, the hiring entity shall provide a minimum four-week written notification period before termination of the domestic worker's position or services.
(b) The notification requirements in (a) of this subsection do not apply if:
(i) The applicable work performed by the domestic worker was on a casual labor basis;
(ii) The domestic worker was hired on a one-time or intermittent basis without an expectation of ongoing work;
(iii) The termination occurs during an agreed-upon probationary period;
(iv) The termination is based on a good faith belief that the domestic worker engaged in misconduct as defined in RCW 50.04.294;
(v) The termination is caused by circumstances outside of the hiring entity's control, including death;
(vi) The hiring entity and domestic worker agree that the applicable care needs have significantly changed and cannot be addressed by the current position or services; or
(vii) The domestic worker becomes unable to fulfill the requirements of the position or services as provided in the written agreement.
(c) If a hiring entity does not provide the notification required under this subsection (3), the hiring entity shall provide the domestic worker with severance pay in the amount of the worker's standard rate of pay multiplied by the regular number of hours worked over the period of time during which the required notification was not provided. For purposes of this subsection, "standard rate of pay" means the agreed-upon rate of pay between the hiring entity and domestic worker, as reflected in the written agreement.
(4) A hiring entity shall create and maintain records documenting hours worked, rate of pay, and, if applicable, the leave time earned and used. If a complaint is filed with the department, the hiring entity shall make the records and the written agreement accessible to the department.
(5) The department or the court shall maintain the confidentiality of all records it obtains in connection with enforcement activities to the full extent permitted by law.
[ 2026 c 15 s 3.]
Notes:
Effective date—2026 c 15: See note following RCW 49.96.010.

catchline: Written agreement—Required elements—Notice of termination—Recordkeeping. (Effective July 1, 2027.)


title: RCW 49.96.040

text:
(1) The department shall develop and make available a model disclosure statement describing a hiring entity's obligations and a domestic worker's rights under this chapter in at least eight of the most commonly spoken languages in the state. The model disclosure must also include a telephone number and an address of the department to enable domestic workers to seek information regarding and enforcement of their rights.
(2) For purposes of implementing RCW 49.96.030, the department shall develop and make available a model written agreement, which describes a hiring entity's obligations and a domestic worker's rights under chapter 15, Laws of 2026 in at least eight of the most commonly spoken languages in the state.
[ 2026 c 15 s 4.]
Notes:
Effective date—2026 c 15: See note following RCW 49.96.010.

catchline: Model disclosure statement—Model written agreement. (Effective July 1, 2027.)


title: RCW 49.96.050

text:
(1) A hiring entity may not:
(a) Subject a domestic worker to conduct or allow a domestic worker to be subjected to conduct that creates an intimidating, hostile, or offensive work environment with the purpose or effect of unreasonably interfering with the domestic worker's performance;
(b) Require or request that a domestic worker allow the hiring entity to take or maintain possession, or allow another person to take or maintain possession, of any of a domestic worker's personal effects including, but not limited to, any legal documents, forms of identification, passports, or immigration documents;
(c) Monitor or record, or allow another person to monitor or record, through any means, the activities of a domestic worker using a bathroom or similar facility, of a domestic worker in the domestic worker's private living quarters, or while the domestic worker is engaged in personal activities associated with dressing or changing clothes;
(d) Monitor, record, or interfere, or allow another person to monitor, record, or interfere, with the private communications of a domestic worker;
(e) Request, direct, or require, as a condition of work, that a domestic worker waive the worker's rights under federal, state, or local law; or
(f) Request, direct, or require, as a condition of work, that the domestic worker agree to a mandatory predispute arbitration clause for claims of their legal rights, a nondisclosure or nondisparagement agreement that inhibits the domestic worker from pursuing claims or complaints under this chapter, or a noncompete agreement preventing a domestic worker from working for other hiring entities or in other residences following the termination or conclusion of the domestic worker's work for the hiring entity.
(2) The department may adopt rules to establish additional remedies for violations of this section. The department may apply RCW 49.96.060 through 49.96.090 to enforce any remedies established under this section.
[ 2026 c 15 s 5.]
Notes:
Effective date—2026 c 15: See note following RCW 49.96.010.

catchline: Prohibitions—Hostile work environment—Monitoring. (Effective July 1, 2027.)


title: RCW 49.96.060

text:
(1) A hiring entity may not interfere with, restrain, or deny the exercise of any right under this chapter by using a domestic worker's exercise of said right as a negative factor in any employment action or other similar action.
(2)(a) A hiring entity may not take any adverse action against a domestic worker for exercising or attempting to exercise a right under this chapter including, but not limited to, any of the following in connection with this chapter: Instituting or filing a complaint or action; participating in a proceeding; organizing or communicating with other domestic workers on their rights; or disclosing the worker's own immigration status.
(b) For purposes of this subsection, "adverse action" includes:
(i) Subjecting the domestic worker to discipline;
(ii) Terminating, suspending, or demoting the domestic worker, or denying the domestic worker a promotion;
(iii) Reducing the number of work hours for which the domestic worker is scheduled;
(iv) Altering the domestic worker's preexisting work schedule;
(v) Reducing the domestic worker's rate of pay;
(vi) Threatening to take or taking action based upon the immigration status of a domestic worker or a domestic worker's family member; and
(vii) Communicating, directly or indirectly, to the domestic worker the hiring entity's willingness or intent to report the suspected citizenship or immigration status of the domestic worker or the domestic worker's family member to a federal, state, or local agency or other applicable entity.
(c) There is a rebuttable presumption that the hiring entity violated this subsection (2) if the hiring entity takes an adverse action against a domestic worker within 90 calendar days of the domestic worker's exercise of rights protected under this chapter. However, in the case of seasonal work that ended before the close of the 90 calendar day period, the presumption also applies if the hiring entity fails to rehire a former domestic worker at the next opportunity for work in the same position. The hiring entity may rebut the presumption with clear and convincing evidence that the adverse action was taken for a permissible purpose.
(3)(a) The department may conduct an investigation if a domestic worker files a complaint with the department alleging a violation of this section. The department may not investigate any alleged violation occurring more than 180 days before the date that the domestic worker filed the complaint, unless the department determines an extension is warranted based on recognized equitable principles or the presence of extenuating circumstances, which may include, but are not limited to, the presence of evidence suggesting that the hiring entity concealed misconduct or misled the domestic worker.
(b) If the department discovers evidence of other violations not included in the complaint while investigating the complaint, the department may investigate and take appropriate enforcement action without requiring the domestic worker to file a new or separate complaint.
(c) If a domestic worker files a timely complaint with the department, the department may investigate the complaint and issue either a citation and notice of assessment or a determination of compliance within 90 days after the date on which the department received the complaint, unless the complaint is otherwise resolved. The department may extend the period under this subsection by providing advance written notice to the domestic worker and the hiring entity setting forth good cause for an extension of the period and specifying the duration of the extension.
(d) The department may consider a complaint to be otherwise resolved when the domestic worker and the hiring entity reach a mutual agreement to remedy the adverse action, or the domestic worker voluntarily and on the domestic worker's own initiative withdraws the complaint.
(e) If the department finds that the domestic worker's allegation cannot be substantiated, the department may issue a determination of compliance to the domestic worker and the hiring entity detailing such finding.
(f) If the department's investigation finds that the hiring entity violated this section and the complaint is not otherwise resolved, the department may notify the hiring entity that the department intends to issue a citation and notice of assessment, and may provide up to 30 days after the date of such notification for the hiring entity to take corrective action to remedy the adverse action. If the complaint is not otherwise resolved, then the department may issue a citation and notice of assessment.
(g) When issuing a citation and notice of assessment under this section, the department may order the hiring entity to:
(i) Pay the domestic worker earnings that the domestic worker did not receive due to the hiring entity's adverse action, including interest of one percent per month calculated from the first date earnings were owed to the domestic worker;
(ii) Restore the domestic worker to the position held by the domestic worker when the adverse action occurred, or restore the domestic worker to an equivalent position with equivalent work hours, work schedule, benefits, pay, and other terms and conditions; and/or
(iii) Pay the department a civil penalty, which must be the greater of $1,000 or an amount equal to 10 percent of the total amount of unpaid earnings attributable to the adverse action, provided that the penalty may not exceed $20,000 for the first violation or $40,000 for a repeat violation.
(h) If the department issues a citation and notice of assessment or determination of compliance, the department shall send the citation and notice of assessment or determination of compliance to both the hiring entity and the domestic worker by service of process or using a method by which the mailing can be tracked or the delivery can be confirmed to their last known addresses.
(4)(a) A hiring entity or domestic worker aggrieved by a citation and notice of assessment or a determination of compliance under this section may submit a request for reconsideration to the department setting forth the grounds for such reconsideration, or if applicable, submit an appeal to the director under RCW 49.96.080.
(b) A request for reconsideration must be made within 30 days of receipt of the citation and notice of assessment or the determination of compliance. If the department receives a timely request for reconsideration, the department shall either accept the request or treat the request as a notice of appeal under RCW 49.96.080.
(c) If a request for reconsideration is accepted, the department shall send notice of the request for reconsideration to the hiring entity and the domestic worker. The department shall determine if there are any valid reasons to reverse or modify the department's original citation and notice of assessment or determination of compliance within 30 days of receipt of such request. The department may extend this period by providing advance written notice to the hiring entity and domestic worker setting forth good cause for an extension of the period and specifying the duration of the extension.
(d) After reviewing the request for reconsideration, the department shall:
(i) Notify the hiring entity and domestic worker that the citation and notice of assessment or determination of compliance is affirmed; or
(ii) Notify the hiring entity and domestic worker that the citation and notice of assessment or determination of compliance has been reversed or modified.
(e) A request for reconsideration submitted to the department stays the effectiveness of the citation and notice of assessment or determination of compliance pending the decision by the department.
[ 2026 c 15 s 6.]
Notes:
Effective date—2026 c 15: See note following RCW 49.96.010.

catchline: Retaliation protections—Department investigation—Penalty—Reconsideration. (Effective July 1, 2027.)


title: RCW 49.96.070

text:
(1)(a) The department may conduct an investigation if a domestic worker files a complaint with the department alleging a violation of this chapter, excluding violations for RCW 49.96.020 which is enforced under chapter 49.48 RCW and RCW 49.96.060 which is enforced under said section. If the department discovers evidence of other violations not included in the complaint while investigating the complaint, the department may investigate and take appropriate enforcement action without requiring the domestic worker to file a new or separate complaint.
(b) The department may not investigate any alleged violation occurring more than three years before the date that the domestic worker filed the complaint.
(c) If a domestic worker files a timely complaint with the department, the department may investigate the complaint and issue either a citation assessing a civil penalty or a closure letter within 90 days after the date on which the department received the complaint. The department may extend the period by providing advance written notice to the domestic worker and the hiring entity setting forth good cause for an extension of the period and specifying the duration of the extension.
(2) If the department finds that the domestic worker's allegation cannot be substantiated or that the complaint is otherwise resolved, the department shall issue a closure letter to the domestic worker and the hiring entity detailing such finding. The department may consider a complaint to be resolved if the domestic worker and the hiring entity reach a mutual agreement to remedy an alleged violation, or if the domestic worker voluntarily and on the domestic worker's own initiative withdraws the complaint.
(3)(a) If the department finds a violation has occurred, the department may order the hiring entity to pay the department a civil penalty as follows:
(i) $1,000 for a willful violation of this chapter;
(ii) No less than $2,000 and no greater than $20,000 for each repeat willful violation.
(b) The department may not issue a citation assessing a civil penalty under this subsection if the hiring entity reasonably relied on:
(i) A written order, ruling, approval, opinion, advice, determination, or interpretation of the director; or
(ii) An interpretive or administrative policy issued by the department and filed with the office of the code reviser. In accordance with the department's retention schedule obligations under chapter 40.14 RCW, the department shall maintain a complete and accurate record of all written orders, rulings, approvals, opinions, advice, determinations, and interpretations for purposes of determining whether a hiring entity is immune from civil penalties under this subsection.
(4) The department may, at any time, waive or reduce a civil penalty assessed under this section if the department determines that the hiring entity has taken corrective action.
(5) The department shall send the citation and notice of assessment or the closure letter to both the hiring entity and the domestic worker by service of process or using a method by which the mailing can be tracked or the delivery can be confirmed to their last known addresses.
(6) For purposes of this section, the following definitions apply:
(a) "Repeat willful violator" means any hiring entity that has been the subject of a final and binding citation for a willful violation of one or more rights under this chapter, and all applicable rules, within three years of the date of issuance of the most recent citation for a willful violation of one or more such rights.
(b) "Willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute.
[ 2026 c 15 s 7.]
Notes:
Effective date—2026 c 15: See note following RCW 49.96.010.

catchline: Violations of this chapter—Investigation—Penalties. (Effective July 1, 2027.)


title: RCW 49.96.080

text:
(1) Any hiring entity or other person aggrieved by a citation assessing a civil penalty, a determination of compliance, or other order issued by the department under this chapter may appeal the citation, determination, or order to the director by filing a notice of appeal with the director within 30 days of the department's issuance of the assessment. A citation, determination, or order not appealed within 30 days is final and binding, and not subject to further appeal.
(2) A notice of appeal filed with the director under this section stays the effectiveness of the citation, determination, or order pending final review of the appeal by the director as provided in chapter 34.05 RCW.
(3) Upon receipt of a notice of appeal, the director shall assign the hearing to an administrative law judge of the office of administrative hearings to conduct the hearing and issue an initial order. The hearing and review procedures must be conducted in accordance with chapter 34.05 RCW, and the standard of review by the administrative law judge of an appealed citation or order must be de novo. Any party who seeks to challenge an initial order shall file a petition for administrative review with the director within 30 days after service of the initial order. The director shall conduct the administrative review in accordance with chapter 34.05 RCW.
(4) The director shall issue all final orders after appeal of the initial order. The final order of the director is subject to judicial review in accordance with chapter 34.05 RCW.
(5) A hiring entity that fails to allow adequate inspection of records in an investigation by the department within a reasonable time period may not use such records in any appeal under this section to challenge the correctness of any determination by the department of penalties assessed.
[ 2026 c 15 s 8.]
Notes:
Effective date—2026 c 15: See note following RCW 49.96.010.

catchline: Appeal. (Effective July 1, 2027.)


title: RCW 49.96.090

text:
(1) Collections of unpaid citations and penalties administered under this chapter must be handled pursuant to the procedures in RCW 49.48.086.
(2) The department shall deposit civil penalties paid under this chapter into the supplemental pension fund established in RCW 51.44.033.
[ 2026 c 15 s 9.]
Notes:
Effective date—2026 c 15: See note following RCW 49.96.010.

catchline: Collection of penalties. (Effective July 1, 2027.)


title: RCW 49.96.100

text:
A domestic worker injured by a violation of this chapter may bring a civil action in a court of competent jurisdiction to recover the actual damages sustained by the worker, plus reasonable attorneys' fees and costs.
[ 2026 c 15 s 10.]
Notes:
Effective date—2026 c 15: See note following RCW 49.96.010.

catchline: Private right of action. (Effective July 1, 2027.)


title: RCW 49.96.110

text:
This chapter establishes minimum standards and rights of domestic workers in this state. Any standards and rights established by any other applicable federal, state, or local law or rule that are more favorable to domestic workers than the minimum standards and rights established by this chapter are not affected by this chapter and remain in full force and effect and may be enforced as provided by law. The remedies provided by this chapter are not exclusive and are concurrent with any other remedy provided by law.
[ 2026 c 15 s 11.]
Notes:
Effective date—2026 c 15: See note following RCW 49.96.010.

catchline: Construction—More favorable laws. (Effective July 1, 2027.)


title: RCW 49.96.120

text:
The department may adopt rules necessary to implement and enforce this chapter.
[ 2026 c 15 s 12.]
Notes:
Effective date—2026 c 15: See note following RCW 49.96.010.

catchline: Rule-making power. (Effective July 1, 2027.)


title: RCW 49.97.010

text:
(1) The legislature finds that immigrant workers contribute to Washington state's strong economy. According to research from the immigration research initiative, immigrants account for 15 percent of the population in Washington state, yet contribute 21 percent of economic output, or gross domestic product (GDP). Immigrant workers contribute an estimated $145,000,000,000 to Washington state's GDP per year.
(2) The legislature finds that civil immigration enforcement through workplace raids conducted by the federal government is disruptive to families and communities, reduces community safety, and is ineffective at deterring illegal conduct by employers or raising standards for workers.
(3) The legislature finds that employers could benefit from clarity about their rights and responsibilities when engaging with federal agencies that conduct form I-9 inspections. The legislature seeks to provide resources and support to employers about their rights and the rights of their workers.
(4) The legislature finds that protecting Washingtonians who are abiding by our state laws and keeping families together is an urgent statewide priority.
(5) The legislature therefore intends to require Washington employers to provide notice to workers in the event of a form I-9 inspection and provide additional protections and support for workers and employers.
[ 2026 c 240 s 1.]

catchline: Findings—Intent.


title: RCW 49.97.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Affected worker" means a worker identified by the federal agency inspection results to be a worker who may lack federal work authorization, or a worker whose federal work authorization documents or form I-9 have been identified by the federal agency inspection results to have deficiencies.
(2) "Employ" means to suffer or permit to work.
(3) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more workers, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.
(4) "Federal agency" means an agency of the United States government that enforces or aids in enforcing United States federal civil immigration laws or employment eligibility inspections, including but not limited to any person or class of persons authorized to perform the functions of an immigration officer as defined in the immigration and nationality act, without regard to the agency for whom the person is employed. Officials from the United States department of homeland security, department of justice immigrant and employee rights section or its successor, and department of labor are included in this definition when on duty.
(5) "Form I-9" refers to the United States citizenship and immigration services employment eligibility verification form used by employers to comply with 8 U.S.C. Sec. 1324a(b) to verify the identity and work authorization of employees or any successor form used by employers for the same purposes under federal law.
(6) "Worker" means any person employed by an employer.
(7) "Worker records" means documentation that includes a worker's first name or first initial and last name in combination with any one or more of the following data elements: (a) Social security number; (b) driver's license number or Washington identification card number; (c) residential address; (d) student, military, or passport identification number; (e) biometric data generated by automatic measurements of an individual's biological characteristics such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that is used to identify a specific individual; (f) information that includes a geolocation component that could be used to identify a worker's location. "Worker records" also includes documentation that includes the first name or first initial and last name of a family member of a worker in combination with the data elements outlined in this subsection.
(8) "Worker's authorized representative" means an exclusive collective bargaining representative.
[ 2026 c 240 s 2.]

catchline: Definitions.


title: RCW 49.97.030

text:
(1) By September 1, 2026, the attorney general shall develop and make available on its website the following:
(a) A poster for employers to inform workers of the notice requirements in RCW 49.97.050 and 49.97.060 in English and the five most commonly used non-English languages in the state. The poster must include space for an employer to provide information on where they will post notices and otherwise communicate notices required under RCW 49.97.050 and 49.97.060; and
(b) A model notice for employers to use for complying with the notice requirement under RCW 49.97.050 in English and the five most commonly used non-English languages in the state. The model notice must:
(i) Include either a template or itemized options, or both, for the employer to identify the following elements without requiring the use of translation services: (A) The name of the federal agency that will be conducting the inspection; (B) the date that the employer received notice of the inspection; and (C) the types of records sought and any other identified purposes of the inspection;
(ii) Allow for the employer to include, attach, or otherwise provide a link to a copy of the notice of inspection; and
(iii) Include contact information for a statewide organization that provides information and advocacy related to immigrant and refugee rights; and
(c) Guidance describing employers' rights to restrict a federal agency from accessing nonpublic areas in a place of labor and from accessing or obtaining certain worker records without a subpoena or judicial warrant, which must be in English and the five most commonly used non-English languages in the state.
(2) Through October 1, 2027, the attorney general shall conduct outreach to businesses, employers, and community members to provide information and guidance on the requirements of this chapter.
[ 2026 c 240 s 3.]

catchline: Guidance from attorney general—Model notices—Required poster.


title: RCW 49.97.040

text:
Every employer shall post and keep posted, in a conspicuous place or places on the premises of the employer where notices to workers are customarily posted, the poster required under RCW 49.97.030(1)(a).
[ 2026 c 240 s 4.]
Notes:
Effective date—2026 c 240 ss 4-10: "Sections 4 through 10 of this act take effect October 1, 2026." [ 2026 c 240 s 16.]

catchline: Required poster. (Effective October 1, 2026.)


title: RCW 49.97.050

text:
(1) Within five business days of receiving notification from a federal agency of any inspection of I-9 forms and any related worker records, an employer shall provide a written notice to each worker and the worker's authorized representative, if any.
(2) The notice under this section must include:
(a) A copy of the notice of inspection from the federal agency; and
(b) The following information in English and the five most commonly used non-English languages in the state:
(i) The name of the federal agency which will be conducting the inspection;
(ii) The date that the employer received notice of the inspection;
(iii) The types of records sought and the other identified purposes of the inspection to the extent known by the employer; and
(iv) Contact information for a statewide organization that provides information and advocacy related to immigrant and refugee rights, which must be identified and approved by the attorney general for purposes of this requirement.
(3) An employer may use the model notice under RCW 49.97.030(1)(b) for purposes of subsection (2) of this section. If an employer uses the model notice in accordance with the instructions provided by the attorney general, then the employer has satisfied the requirements of subsection (2) of this section for purposes of any action under RCW 49.97.090 or 49.97.100.
(4) The employer shall provide the notice required under this section by:
(a) Posting and maintaining the posting through the completion of the inspection in conspicuous places on the premises of the employer where notices to workers are customarily posted; and
(b) Transmitting the notice directly to workers using the primary method of communication typically used by the employer, which must include at least one of the following: Hand delivery to the worker; mail with proof of delivery; email with proof of transmission; or text message sent telephonically, which may include a link to a notice maintained on a web page, with proof of transmission. Acceptable forms of proof of transmission or delivery, which are rebuttable include, but are not limited to: Mail with proof of sending; dated electronic transmission; posting with time-stamped photographs; or other reasonable records maintained in the ordinary course of business to demonstrate notice to workers of employment related matters.
[ 2026 c 240 s 5.]
Notes:
Effective date—2026 c 240 ss 4-10: See note following RCW 49.97.040.

catchline: Notice of federal inspection. (Effective October 1, 2026.)


title: RCW 49.97.060

text:
(1) Within five business days of its receipt of a written notice of results of an inspection of I-9 forms and any related worker records by a federal agency, an employer shall:
(a) Provide to each affected worker and the worker's authorized representative, if any, a copy of the written notice from the federal agency;
(b) Provide to each affected worker and the worker's authorized representative, if any, a written notice of the obligations of the employer and the affected worker arising from the results of the inspection of I-9 forms and any related worker records, which must be written in the language most regularly used to communicate between the employer and the affected worker; and
(c) Provide to each affected worker and the worker's authorized representative, if any, the following information, which must be written in the language most regularly used to communicate between the employer and the affected worker:
(i) A description of any deficiencies or other items identified in the written immigration inspection results notice related to the affected worker;
(ii) The time period for correcting any potential deficiencies identified by the federal agency;
(iii) A mutually agreed upon time and date, or options for times and dates, within the allotted correction period, for a meeting with the employer to correct any identified deficiencies; and
(iv) Notice that the worker has the right to representation during any meeting scheduled with the employer.
(2) The information provided to the worker under this section must relate to the affected worker only. The employer must redact any other workers' personal information as defined in RCW 19.255.005.
(3) The employer shall transmit the information required by this section to the affected worker and the worker's authorized representative using the primary method of communication typically used by the employer, which must include at least one of the methods identified under RCW 49.97.050(4)(b).
(4) This section does not modify or limit a collective bargaining agreement requiring shorter time frames for a notice than those provided under this section.
[ 2026 c 240 s 6.]
Notes:
Effective date—2026 c 240 ss 4-10: See note following RCW 49.97.040.

catchline: Notice of results of inspection. (Effective October 1, 2026.)


title: RCW 49.97.070

text:
(1) Employers are not required by law to perform form I-9 self-audits. Any form I-9 self-audit must comply with all applicable federal, state, and local antidiscrimination and antiretaliation laws including, but not limited to: 8 U.S.C. Sec. 1324b, 29 U.S.C. Secs. 201–219, 29 U.S.C. Secs. 151–169, 42 U.S.C. Sec. 2000e et seq., chapter 49.60 RCW, and chapter 49.46 RCW. Any form I-9 self-audit must also comply with applicable collective bargaining agreements.
(2) An employer may not impose work authorization verification or reverification requirements greater than those required by federal law.
[ 2026 c 240 s 7.]
Notes:
Effective date—2026 c 240 ss 4-10: See note following RCW 49.97.040.

catchline: Employer I-9 self-audits—Work authorization verification limits. (Effective October 1, 2026.)


title: RCW 49.97.080

text:
(1) It is unlawful for an employer to interfere with, restrain, or deny the exercise of any worker's rights provided under or in connection with this chapter. This means an employer may not use a worker's exercise of any of the rights provided under this chapter as a negative factor in any employment action such as evaluation, promotion, or termination, or otherwise subject a worker to discipline for the exercise of any rights provided under this chapter, except that an employer is not prohibited from taking actions required by state or federal law.
(2) It is unlawful for an employer to take any adverse action against a worker because the worker has exercised their rights provided under this chapter. Such rights include, but are not limited to: Filing a complaint or action, or instituting or causing to be instituted any proceeding under or related to this chapter; participating in any investigation or proceeding regarding any rights provided under this chapter; or testifying or intending to testify in any such proceeding related to any rights provided under this chapter.
(3) "Adverse action" means any action taken or threatened by an employer against a worker for their exercise of rights under this chapter, which may include, but is not limited to:
(a) Denying access to, or delaying payment for, minimum wages, agreed or obligated wages, overtime wages, paid sick leave, piece rate compensation, commissions, nondiscretionary compensation or bonuses, all tips and gratuities, and all service charges, except those service charges itemized as not being payable to the worker or workers servicing the customer;
(b) Terminating, suspending, demoting, or denying a promotion;
(c) Reducing the number of work hours for which the worker is scheduled;
(d) Altering the worker's preexisting work schedule;
(e) Reducing the worker's rate of pay; or
(f) Threatening to take, or taking action, based upon the immigration status of a worker or a worker's family member.
[ 2026 c 240 s 8.]
Notes:
Effective date—2026 c 240 ss 4-10: See note following RCW 49.97.040.

catchline: Antiretaliation. (Effective October 1, 2026.)


title: RCW 49.97.090

text:
(1) The attorney general has the authority to:
(a) Resolve alleged violations of this chapter through conference and conciliation;
(b) Investigate potential violations of this chapter on its own initiative or in response to complaints; and
(c) Issue written civil investigative demands for documents, oral testimony, and answers to written interrogatories.
(2) Any personal information about a worker or a worker's family member, including names, in a complaint or investigation is confidential and exempt from public inspection, copying, or disclosure under chapter 42.56 RCW.
(3) The attorney general may pursue legal action in the name of the state to enjoin violations of this chapter, and obtain actual damages, statutory damages, and any other appropriate relief at law or equity, plus reasonable attorneys' fees and costs.
(a) For each violation of a notice requirement in RCW 49.97.050 or 49.97.060, the court shall order the employer to pay statutory damages to the attorney general in the amount of $500 for each instance where the employer failed to provide a notice satisfying the requirements of RCW 49.97.050 or 49.97.060 to a worker. The court shall double the statutory damages if it finds that the violation was willful.
(b) The court may waive or reduce the statutory damages under this section if the employer's violation was inadvertent, if the violation did not result in actual harm, and if the employer made prompt and good faith efforts to correct the violation.
[ 2026 c 240 s 9.]
Notes:
Effective date—2026 c 240 ss 4-10: See note following RCW 49.97.040.

catchline: Attorney general investigative powers—Public records exemption—Damages. (Effective October 1, 2026.)


title: RCW 49.97.100

text:
(1) A worker, former worker, or a person injured by a violation of this chapter or an organization whose membership includes any such person may bring a private cause of action in superior court to enjoin further violations, recover damages, and seek any other equitable relief or appropriate remedy authorized by state or federal law, plus reasonable attorneys' fees and costs. If the court finds that an employer has violated this chapter, it shall award damages up to and including an amount equal to actual damages, or statutory damages equivalent to 40 times the hourly Washington state minimum wage as defined in RCW 49.46.020 per plaintiff per violation, whichever is greater.
(2) In determining the amount of statutory damages to award under this section, the court shall consider all relevant factors including, but not limited to:
(a) Whether the violation was committed willfully, knowingly, or intentionally, or whether the violation was inadvertent;
(b) Whether the employer made prompt and good faith efforts to correct the violation after learning of it;
(c) Whether the violation resulted in actual harm to the plaintiff;
(d) Whether the violation is a repeat violation;
(e) The size of the employer;
(f) The amount necessary to deter future noncompliance;
(g) The purposes of this chapter; and
(h) Any other factor deemed appropriate by the court.
[ 2026 c 240 s 10.]
Notes:
Effective date—2026 c 240 ss 4-10: See note following RCW 49.97.040.

catchline: Private right of action—Damages. (Effective October 1, 2026.)


title: RCW 49.97.900

text:
This chapter may not be interpreted, construed, or applied to restrict or limit an employer's compliance with a memorandum of understanding governing the use of the federal E-Verify system or with federal law and regulations regarding employers' verification of workers' authorization.
[ 2026 c 240 s 11.]

catchline: Construction—Compliance with federal law.


title: RCW 49.97.910

text:
If any provision of this chapter or its application to any person or circumstance is found to be in conflict with any other federal or state law or otherwise held invalid, the conflicting or invalid provision is inoperative solely to the extent of such conflict or holding and the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. This chapter is not intended to limit or prohibit any employer from complying with any other state or federal law.
[ 2026 c 240 s 12.]

catchline: Construction—Conflict with federal or state law.


title: RCW 49.97.920

text:
Nothing in this chapter may be construed to limit or affect: (1) The right of any worker to pursue any judicial, administrative, or other action available with respect to an employer; (2) the department of labor and industries' authority to pursue any judicial, administrative, or other action available with respect to a worker; or (3) the department of labor and industries' authority to pursue any judicial, administrative, or other action available with respect to an employer.
[ 2026 c 240 s 13.]

catchline: Construction—Other remedies.


title: RCW 49.97.930

text:
This act may be known and cited as the immigrant worker protection act.
[ 2026 c 240 s 14.]

catchline: Short title—2026 c 240.


title: RCW 49.98.010

text:
(1) The legislature finds and declares the following:
(a) High quality child care and early learning enable parents to go to work, keeping the economy going at all levels and returning six dollars in value for every one dollar invested. High quality early learning services help prepare children for success in school and in life. A high quality child care and early learning system depends on a thriving, healthy, and competitively compensated workforce. Current conditions for child care workers have resulted in lack of access, unaffordable prices, and poorer outcomes for children and families;
(b) Low compensation and poor working conditions impair the health, efficiency, and well-being of persons employed to provide child care, constitute unfair competition against other employers and their employees, threaten the stability of the child care market, create economic instability for providers, and result in a provider workforce that must rely in public and private assistance to support their own families;
(c) The fissured nature of child care workplaces exacerbates these conditions and create barriers preventing workers from being able to address these problems on their own; and
(d) Employment under these conditions threatens the health and well-being of the people of Washington and injures the overall economy.
(2) Therefore, it is the declared policy of the state that such working conditions for child care workers be eliminated as rapidly as practicable through establishment of a workforce standards board comprised of employer and worker representatives and state agency representatives to recommend minimum compensation and other employment standards.
[ 2026 c 148 s 1.]

catchline: Findings.


title: RCW 49.98.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the Washington state child care workforce standards board established pursuant to this chapter.
(2)(a) "Child care employer" means any employer of child care workers.
(b) "Child care employer" does not include any private school approved under chapter 28A.195 RCW operating a preschool or otherwise providing child care or early learning services requiring a child care provider license or certification from the department of children, youth, and families.
(3)(a) "Child care worker" means any worker providing child care services, excluding administrative staff, at a child care provider licensed or certified by the department of children, youth, and families. "Child care worker" includes family child care providers as defined in RCW 41.56.030.
(b) "Child care worker" does not include any employee of a provider described under subsection (2)(b) of this section.
(4) "Department" means the department of labor and industries.
(5) "Director" means the director of the department of labor and industries or the director's designee.
(6) "Employer organization" means:
(a) An organization that is exempt from federal income taxation under section 510(c)(6) of the internal revenue code that represents child care employers; or
(b) An entity that employers, who together employ the largest number of child care workers in Washington, have selected as a representative.
[ 2026 c 148 s 2.]


title: RCW 49.98.030

text:
(1) The Washington state child care workforce standards board is created with the powers and duties established by law. The board is composed of members appointed by the governor as provided in this subsection:
(a) Three members who represent child care workers, subject to the following:
(i) One member must be appointed from a list of at least three names submitted by the largest organization representing family child care providers;
(ii) One member must be appointed from a list of at least three names submitted by the largest organization representing child care center workers; and
(iii) One member must represent workers in school-age programs;
(b) Three members who represent child care employers or employer organizations, with at least one representing child care family home providers and one representing a small business of 15 or fewer employees;
(c) One representative of a professional development or training program for child care workers;
(d) One representative of an organization representing parents; and
(e) The secretary of the department of children, youth, and families and the director of the department of labor and industries, or their designees.
(2) Board members appointed under subsection (1)(a) or (b) of this section shall serve four-year terms following the initial staggered lot determination in subsection (3) of this section and must not be appointed to more than two full consecutive four-year terms. The governor shall fill vacancies occurring prior to the expiration of a member's term by appointment for the unexpired term. A member serves until a successor is appointed.
(3)(a) The governor must make initial appointments to the board no later than September 1, 2026. The initial terms for board members appointed under subsection (1)(a) and (b) of this section must be determined by lot as follows:
(i) One member appointed under subsection (1)(a) and (b) of this section shall serve a two-year term;
(ii) One member appointed under subsection (1)(a) and (b) of this section shall serve a three-year term; and
(iii) One member appointed under subsection (1)(a) and (b) of this section shall serve a four-year term.
(b) The director must convene the first meeting of the board by October 1, 2026. The board must elect a chair at its first meeting.
(4) The board shall elect a member by majority vote to serve as its chairperson and shall determine the term to be served by the chairperson.
(5) Board members must be compensated in accordance with RCW 43.03.220 and must be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(6) The affirmative vote of six board members is required for the board to approve recommendations.
(7) To carry out its duties, the board shall hold public hearings that include public comment on, gather data on, and conduct investigations into, working conditions in the child care industry in accordance with RCW 49.98.040.
(8) The director may employ personnel to carry out duties of the board under this chapter.
(9) The director shall provide administrative staff support to the board.
(10) The board shall establish operating procedures that meet all state and federal antitrust requirements and may prohibit board member access to data to meet the requirements of this subsection.
(11) The board is subject to the requirements of chapters 34.05 and 42.56 RCW.
[ 2026 c 148 s 3.]

catchline: Child care workforce standard board—Powers—Membership—Hearings.


title: RCW 49.98.040

text:
(1)(a) The board must meet quarterly and make recommendations to the director that will enhance and improve the employment standards of child care workers. The board must recommend statewide standards and may also recommend standards that apply to specific child care occupations or geographic regions.
(b) The board may not recommend standards regarding licensing of child care facilities. The board may not recommend standards that are less protective of or beneficial to child care workers as any other applicable statute or rule or any standard previously established by the board.
(2)(a) The board's initial investigations, public hearings, data gathering, and recommendations must prioritize child care worker staffing, recruitment, retention, and staffing ratios.
(b) Additionally, the board may investigate:
(i) The adequacy of wage rates and other compensation policies of child care employers to ensure the provision of quality services and sufficient levels of recruitment and retention of child care employees;
(ii) The sufficiency of levels of recruitment and retention of child care employees;
(iii) The adequacy of the role of child care employees in making decisions affecting their wages and working conditions;
(iv) The adequacy and enforcement of training requirements for child care employees;
(v) The impact of systemic racism and economic injustice on child care employees and the adequacy of efforts to alleviate such impact through the development of career paths through partnerships between labor and management and other methods;
(vi) The adequacy of payment practices and policies of the state as such practices and policies relate to the reimbursement of child care employers for the provision of services under a child care program; and
(vii) The adequacy of access and costs to workers of background checks, fingerprinting, bloodborne pathogen training, tuberculosis tests, cardiopulmonary resuscitation and first aid certification, and other safety requirements.
(3) The board may consider the following types of information when developing recommendations:
(a) Wage rate and benefit data collected by or submitted to the board for child care workers in the relevant geographic area and child care occupations, including wage and benefit data of similarly situated child care occupations on the west coast of the United States;
(b) Statements showing wage rates and benefits paid to child care workers in the relevant geographic area and child care occupations, including wage and benefit statements of similarly situated child care occupations on the west coast of the United States;
(c) Signed collective bargaining agreements applicable to child care workers in the relevant geographic area and child care occupations, including collective bargaining agreements of similarly situated child care occupations on the west coast of the United States;
(d) Testimony and information from current and former child care workers, organizations representing child care workers, child care employers, parents of children currently in child care, and child care organizations;
(e) Local minimum employment standards;
(f) Information submitted by or obtained from state and local government entities, including registries or data regarding employee training, recruitment, and retention;
(g) Information from a federally approved rate-setting tool for child care funding; and
(h) Any other information pertinent to establishing minimum child care employment standards.
(4) Based on the investigations and information gathered pursuant to this section, the board shall prepare a series of reports with findings and recommendations, and shall make those reports publicly available on the department's website. The board must allow a minority report to be included with any report prepared by the board, if requested by a member of the board. The reports must include a breakdown of the vote on each of the board's recommendations, including the votes in favor of and against each recommendation and how each board member voted on the recommendations.
[ 2026 c 148 s 4.]


title: RCW 49.98.050

text:
By October 1, 2026, the department and the department of children, youth, and families must jointly enter into a formal agreement that includes data sharing of information necessary to implement the provisions of this chapter.
[ 2026 c 148 s 5.]

catchline: Data sharing with department of children, youth, and families.


title: RCW 49.98.900

text:
This act may be known and cited as the child care workforce standards board act.
[ 2026 c 148 s 6.]

catchline: Short title—2026 c 148.


title: RCW 49.99.010

text:
Access to the collective and individual protections afforded by established federal labor laws, as well as ensuring stable, effective, and efficient labor-management relations, is a vital state interest that has critical benefits to the state's economic and social development. Should there be an absence of applicable law setting forth the rights and obligations of parties engaged in private sector labor-management relations, as well as procedures for the enforcement of the same, the resulting loss of the benefits of collective bargaining to the economy and social fabric of the state would be immensely harmful.
[ 2026 c 130 s 1.]

catchline: Findings—Intent.


title: RCW 49.99.020

text:
Following June 11, 2026, should federal law cease to preempt the regulation of private sector labor-management relations in the state, as a whole or any portion thereof, with regard to any employer, employees, trade, or industry which had been subject to federal labor law regulation, this chapter applies in full force and effect to such employer, employees, and trade or industry entities. Additionally, following June 11, 2026, should the national labor relations board determine that any employer or employees, as defined in RCW 49.99.030, or trade or industry falls outside the previously existing jurisdiction of the national labor relations act, or should the board decline to exercise jurisdiction, or be deprived of its previous jurisdiction over the same, this chapter applies in full force and effect to such employer, employees, trade, or industry.
[ 2026 c 130 s 2.]

catchline: Application—Federal preemption.


title: RCW 49.99.030

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Bargaining representative" means any labor organization which has as one of its primary purposes the representation of employees in their employment relations with employers, and which does currently, or has in the past represented employees as defined by this chapter.
(2) "Collective bargaining" means the performance of the mutual obligations of the employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours, and working conditions, which may be peculiar to an appropriate bargaining unit of such employer, except that by such obligation neither party may be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter.
(3) "Collective bargaining agreement" means any written contract or agreement that is currently in effect, or that will be executed, between an exclusive bargaining representative and an employer, as defined by this chapter.
(4) "Commission" means the public employment relations commission.
(5)(a) "Employee" means any employee of an employer, including of a consumer directed employer as defined by RCW 74.39A.009, and is not limited to the employees of a particular employer, and includes any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute, and who has not obtained any other regular and substantially equivalent employment.
(b) "Employee" does not include:
(i) Any individual employed by their parent or spouse unless also employed by a third party for the work performed;
(ii) Any individual having the status of an independent contractor;
(iii) Any individual employed as a supervisor;
(iv) Any person employed by the state or a political subdivision of the state, or an employee as defined by RCW 49.37.010 or an employee of an employer defined in RCW 49.39.005;
(v) Any individual employed by an employer, trade, or industry that was not under the jurisdiction of the national labor relations act or any other federal labor relations law as of June 11, 2026; or
(vi) Any other person who is not employed by an employer as herein defined.
(6) "Employer" means any employer, or any person acting as an agent of an employer, except the state or political subdivision of the state, or an employer as defined by RCW 49.37.010, or an employer as defined in RCW 49.39.005.
(7) "Exclusive bargaining representatives" means a bargaining representative that has been previously certified or recognized as the representative of employees as defined by this chapter.
(8) "Labor dispute" includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
(9) "Labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
[ 2026 c 130 s 3.]

catchline: Definitions.


title: RCW 49.99.040

text:
The privilege established by RCW 5.60.060(11) applies to all labor organizations covered by this chapter and in all proceedings authorized by this chapter.
[ 2026 c 130 s 4.]

catchline: Privileged communication.


title: RCW 49.99.050

text:
Upon application by a labor organization that held the status of an exclusive bargaining representative under federal law by certification or voluntary recognition immediately prior to the time that state regulation of private sector labor relations is no longer preempted as applied to that collective bargaining relationship, the commission shall promptly certify the exclusive bargaining representative under this chapter. Absent exceptional cause, the process to verify the exclusive bargaining representative's status for certification must be completed within one month of the filing of the application. All existing terms and conditions of employment and any collective bargaining agreement covering the affected bargaining unit remain in full force and effect through the commission's verification process.
[ 2026 c 130 s 5.]

catchline: Certification of exclusive bargaining representatives.


title: RCW 49.99.060

text:
(1) In the event that an employer and employees are in disagreement as to the selection of an exclusive bargaining representative, the commission must be invited to intervene as is provided in RCW 49.99.100 through 49.99.130.
(2) In the event that an employer and an exclusive bargaining representative are in disagreement as to the merger of two or more bargaining units in the employer's workforce that are represented by the same exclusive bargaining representative, the commission must be invited to intervene as is provided in RCW 49.99.100 through 49.99.130.
[ 2026 c 130 s 6.]

catchline: Exclusive bargaining representative selection—Commission intervention—Bargaining units merger.


title: RCW 49.99.070

text:
The commission, after hearing upon reasonable notice, shall decide in each application for certification as an exclusive bargaining representative or unit clarification, other than applications submitted under RCW 49.99.050, the unit appropriate for the purpose of collective bargaining. In determining, modifying, or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the employees; the history of collective bargaining by the employer and their bargaining representatives; the extent of organization among the employees; and the desire of the employees, and the avoidance of excessive fragmentation.
[ 2026 c 130 s 7.]

catchline: Collective bargaining units—Determination, modification, and combination.


title: RCW 49.99.080

text:
The commission shall determine the exclusive bargaining representative by: (1) Conducting a cross-check pursuant to RCW 49.99.090; or (2) conducting an election pursuant to RCW 49.99.100.
[ 2026 c 130 s 8.]

catchline: Commission determination of exclusive bargaining representative.


title: RCW 49.99.090

text:
(1) If only one labor organization is seeking certification as an exclusive bargaining representative of a bargaining unit for which there is no incumbent exclusive bargaining representative, the commission may determine the question concerning representation by conducting a cross-check comparing the bargaining authorization cards against the employment records of the employer. A determination through a cross-check process may be made upon a showing of interest submitted in support of the exclusive bargaining representative by more than 50 percent of the employees.
(2) The exclusive bargaining representative that has been determined through a cross-check to represent a majority of the employees in the bargaining unit must be certified by the commission as the exclusive bargaining representative of, and is required to represent, all the employees within the unit without regard to membership in said exclusive bargaining representative.
[ 2026 c 130 s 9.]

catchline: No incumbent exclusive bargaining representative—Determination by cross-check.


title: RCW 49.99.100

text:
(1) In the event the commission elects to conduct an election to ascertain the exclusive bargaining representative, and upon the request of a prospective bargaining representative showing written proof of at least 30 percent representation of the employees within the proposed unit, the commission shall hold an election by secret ballot to determine the issue. The ballot must contain the name of such bargaining representative and of any other bargaining representative showing written proof of at least 10 percent representation of the employees within the unit, together with a choice for any employee to designate that they do not desire to be represented by any bargaining agent. Where more than one organization is on the ballot and neither of the three or more choices receives a majority vote of the voting employees within the bargaining unit, a runoff election must be held. The runoff ballot must contain the two choices which received the largest and second-largest number of votes.
(2) The bargaining representative which has been determined through election to represent a majority of the voting employees must be certified by the commission as the exclusive bargaining representative of, and is required to represent, all the employees within the unit without regard to membership in said bargaining representative.
[ 2026 c 130 s 10.]


title: RCW 49.99.110

text:
No question concerning representation may be raised within one year of a certification or attempted certification. Where there is a valid collective bargaining agreement in effect, no question of representation may be raised except during the period not more than 90 nor less than 60 days prior to the expiration date of the agreement. Any agreement which contains a provision for automatic renewal or extension of the agreement is not effective as a bar to a question concerning representation if it extends the total term of the agreement's existence for more than three years.
[ 2026 c 130 s 11.]

catchline: Bar to questioning representation.


title: RCW 49.99.120

text:
(1) The commission shares concurrent jurisdiction with superior courts to prevent and to remedy any violation of RCW 49.32.020 with regard to any employer, employees, trade, or industry covered under this chapter that had been subject to federal labor law regulation.
(2) The commission applies the Washington courts' jurisprudence in adjudicating alleged violations of RCW 49.32.020.
(3) If the commission determines that any person has engaged in or is engaging in any violation of RCW 49.32.020, the commission shall issue and cause to be served upon the person an order requiring the person to cease and desist from such violation, and to take such affirmative action as will effectuate the purposes and policy declared in RCW 49.32.020 and of this chapter, such as the payment of damages and the reinstatement of employees, and reasonable attorneys' fees and costs.
(4) The commission or the affected employees, or the employees' bargaining representative may petition the superior court for the county in which the main office of the employer is located or in which the person who has engaged or is engaging in such violation resides or transacts business, for the enforcement of the commission's order and for appropriate temporary relief.
[ 2026 c 130 s 12.]

catchline: Commission jurisdiction—Violations.


title: RCW 49.99.130

text:
The commission shall provide, at the mutual request of an employer and an exclusive bargaining representative, mediation of any labor dispute between them. Any party to mediation may request and receive fact finding by the mediator at the conclusion of a failed mediation.
[ 2026 c 130 s 13.]

catchline: Commission mediation.


title: RCW 49.99.140

text:
(1) Notwithstanding the possible cessation of any duty on the part of any employer or labor organization to comply with the terms of any collective bargaining agreement reached under the auspices of federal labor law, any such agreement reached between any employer or exclusive bargaining representative as defined in this chapter remains a contractually binding agreement and is enforceable on its terms.
(2) Upon the certification of an exclusive bargaining representative for the employer's employees, the employer has the duty to engage in collective bargaining with the exclusive bargaining representative before changing any wages, hours, or working conditions of the represented employees. Any allegation by the exclusive bargaining representative that the employer has made a unilateral change in wages, hours, and working conditions may be presented for resolution to an arbitrator mutually selected and compensated by the parties, or by application of the exclusive bargaining representative to the commission for provision of the arbitrator.
(3) Should a collective bargaining agreement between the exclusive bargaining representative and the employer expire, its provisions, except any prohibition on strikes or lockouts, continue in force until renegotiated. During the agreement's hiatus, any allegation by the exclusive bargaining representative that the employer has made a unilateral change in wages or economic benefits may be presented for resolution to an arbitrator mutually selected and compensated, or by application of the exclusive bargaining representative to the commission for provision of the arbitrator.
(4) Upon the failure of the employer and the exclusive bargaining representative to conclude a collective bargaining agreement within six months of certification of the exclusive bargaining representative or within six months of the expiration of the last collective bargaining agreement, all matters remaining in dispute must be submitted by the parties to the commission for resolution through its interest arbitration procedures.
[ 2026 c 130 s 14.]

catchline: Enforceability of existing agreements—Changes in working conditions.