title: RCW 49.44.120

text:
(1) It shall be unlawful for any person, firm, corporation or the state of Washington, its political subdivisions or municipal corporations to require, directly or indirectly, that any employee or prospective employee take or be subjected to any lie detector or similar tests as a condition of employment or continued employment: PROVIDED, That this section shall not apply to persons making application for employment with any law enforcement agency or with the juvenile court services agency of any county, or to persons returning after a break of more than twenty-four consecutive months in service as a fully commissioned law enforcement officer: PROVIDED FURTHER, That this section shall not apply to either the initial application for employment or continued employment of persons who manufacture, distribute, or dispense controlled substances as defined in chapter 69.50 RCW, or to persons in sensitive positions directly involving national security.
(2) Nothing in this section shall be construed to prohibit the use of psychological tests as defined in RCW 18.83.010.
(3) Any person violating this section is guilty of a misdemeanor.
(4) As used in this section, "person" includes any individual, firm, corporation, or agency or political subdivision of the state.
(5) Nothing in this section may be construed as limiting any statutory or common law rights of any person illegally denied employment or continued employment under this section for purposes of any civil action or injunctive relief.
[ 2007 c 14 s 1; 2005 c 265 s 1; 2003 c 53 s 278; 1985 c 426 s 1; 1973 c 145 s 1; 1965 c 152 s 1.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Requiring lie detector tests—Penalty.


doc_type: statute

jurisdiction: wa

title: RCW 49.44.135

text:
In a civil action alleging a violation of RCW 49.44.120, the court may:
(1) Award a penalty in the amount of five hundred dollars to a prevailing employee or prospective employee in addition to any award of actual damages;
(2) Award reasonable attorneys' fees and costs to the prevailing employee or prospective employee; and
(3) Pursuant to RCW 4.84.185, award any prevailing party against whom an action has been brought for a violation of RCW 49.44.120 reasonable expenses and attorneys' fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause.
[ 1985 c 426 s 3.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Requiring lie detector tests—Civil penalty and damages—Attorneys' fees.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 49.44.140

text:
(1) A provision in an employment agreement which provides that an employee shall assign or offer to assign any of the employee's rights in an invention to the employer does not apply to an invention for which no equipment, supplies, facilities, or trade secret information of the employer was used and which was developed entirely on the employee's own time, unless (a) the invention relates (i) directly to the business of the employer, or (ii) to the employer's actual or demonstrably anticipated research or development, or (b) the invention results from any work performed by the employee for the employer. Any provision which purports to apply to such an invention is to that extent against the public policy of this state and is to that extent void and unenforceable.
(2) An employer shall not require a provision made void and unenforceable by subsection (1) of this section as a condition of employment or continuing employment.
(3) If an employment agreement entered into after September 1, 1979, contains a provision requiring the employee to assign any of the employee's rights in any invention to the employer, the employer must also, at the time the agreement is made, provide a written notification to the employee that the agreement does not apply to an invention for which no equipment, supplies, facility, or trade secret information of the employer was used and which was developed entirely on the employee's own time, unless (a) the invention relates (i) directly to the business of the employer, or (ii) to the employer's actual or demonstrably anticipated research or development, or (b) the invention results from any work preformed [performed] by the employee for the employer.
[ 1979 ex.s. c 177 s 2.]

catchline: Requiring assignment of employee's rights to inventions—Conditions.


title: RCW 49.44.150

text:
Even though the employee meets the burden of proving the conditions specified in RCW 49.44.140, the employee shall, at the time of employment or thereafter, disclose all inventions being developed by the employee, for the purpose of determining employer or employee rights. The employer or the employee may disclose such inventions to the department of employment security, and the department shall maintain a record of such disclosures for a minimum period of five years.
[ 1979 ex.s. c 177 s 3.]

catchline: Requiring assignment of employee's rights to inventions—Disclosure of inventions by employee.


title: RCW 49.44.160

text:
The legislature intends that public employers be prohibited from misclassifying employees, or taking other action to avoid providing or continuing to provide employment-based benefits to which employees are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification.
Chapter 155, Laws of 2002 does not mandate that any public employer provide benefits to actual temporary, seasonal, or part-time employees beyond the benefits to which they are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification. Public employers may determine eligibility rules for their own benefit plans and may exclude categories of workers such as "temporary" or "seasonal," so long as the definitions and eligibility rules are objective and applied on a consistent basis. Objective standards, such as control over the work and the length of the employment relationship, should determine whether a person is an employee who is entitled to employee benefits, rather than the arbitrary application of labels, such as "temporary" or "contractor." Common law standards should be used to determine whether a person is performing services as an employee, as a contractor, or as part of an agency relationship.
Chapter 155, Laws of 2002 does not modify any statute or policy regarding the employment of: Public employee retirees who are hired for postretirement employment as provided for in chapter 41.26, 41.32, 41.35, or 41.40 RCW or who work as contractors; or enrolled students who receive employment as student employees or as part of their education or financial aid.
[ 2002 c 155 s 1.]
Notes:
Construction—2002 c 155: "This act shall be construed liberally for the accomplishment of its purposes." [ 2002 c 155 s 3.]
Severability—2002 c 155: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2002 c 155 s 4.]
PDF
RCW 49.44.160
Public employers—Intent. (Effective June 30, 2029.)
The legislature intends that public employers be prohibited from misclassifying employees, or taking other action to avoid providing or continuing to provide employment-based benefits to which employees are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification.
Chapter 155, Laws of 2002 does not mandate that any public employer provide benefits to actual temporary, seasonal, or part-time employees beyond the benefits to which they are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification. Public employers may determine eligibility rules for their own benefit plans and may exclude categories of workers such as "temporary" or "seasonal," so long as the definitions and eligibility rules are objective and applied on a consistent basis. Objective standards, such as control over the work and the length of the employment relationship, should determine whether a person is an employee who is entitled to employee benefits, rather than the arbitrary application of labels, such as "temporary" or "contractor." Common law standards should be used to determine whether a person is performing services as an employee, as a contractor, or as part of an agency relationship.
Chapter 155, Laws of 2002 does not modify any statute or policy regarding the employment of: Public employee retirees who are hired for postretirement employment as provided for in chapter 41.26, 41.26A, 41.32, 41.35, or 41.40 RCW or who work as contractors; or enrolled students who receive employment as student employees or as part of their education or financial aid.
[ 2026 c 261 s 464; 2002 c 155 s 1.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Construction—2002 c 155: "This act shall be construed liberally for the accomplishment of its purposes." [ 2002 c 155 s 3.]
Severability—2002 c 155: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2002 c 155 s 4.]

catchline: Public employers—Intent. (Effective until June 30, 2029.)


title: RCW 49.44.170

text:
(1) It is an unfair practice for any public employer to:
(a) Misclassify any employee to avoid providing or continuing to provide employment-based benefits; or
(b) Include any other language in a contract with an employee that requires the employee to forgo employment-based benefits.
(2) The definitions in this subsection apply throughout chapter 155, Laws of 2002 unless the context clearly requires otherwise.
(a) "Employee" means a person who is providing services for compensation to an employer, unless the person is free from the employer's direction and control over the performance of work. This definition shall be interpreted consistent with common law.
(b) "Employment-based benefits" means any benefits to which employees are entitled under state law or employer policies or collective bargaining agreements applicable to the employee's correct classification.
(c) "Public employer" means: (i) Any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision; and (ii) the state, state institutions, and state agencies. This definition shall be interpreted consistent with common law.
(d) "Misclassify" and "misclassification" means to incorrectly classify or label a long-term public employee as "temporary," "leased," "contract," "seasonal," "intermittent," or "part-time," or to use a similar label that does not objectively describe the employee's actual work circumstances.
(3) An employee deeming himself or herself harmed in violation of subsection (1) of this section may bring a civil action in a court of competent jurisdiction.
[ 2002 c 155 s 2.]
Notes:
Construction—Severability—2002 c 155: See notes following RCW 49.44.160.


title: RCW 49.44.180

text:
It shall be unlawful for any person, firm, corporation, or the state of Washington, its political subdivisions, or municipal corporations to require, directly or indirectly, that any employee or prospective employee submit genetic information or submit to screening for genetic information as a condition of employment or continued employment.
"Genetic information" for purposes of this chapter, is information about inherited characteristics that can be derived from a DNA-based or other laboratory test, family history, or medical examination. "Genetic information" for purposes of this chapter, does not include: (1) Routine physical measurements, including chemical, blood, and urine analysis, unless conducted purposefully to diagnose genetic or inherited characteristics; and (2) results from tests for abuse of alcohol or drugs.
[ 2020 c 76 s 18; 2004 c 12 s 1.]

catchline: Genetic screening.


title: RCW 49.44.190

text:
(1) If an employee subject to an employee noncompetition agreement is terminated without just cause or laid off by action of the employer, the noncompetition agreement is void and unenforceable.
(2) Nothing in this section restricts the right of an employer to protect trade secrets or other proprietary information by lawful means in equity or under applicable law.
(3) Nothing in this section has the effect of terminating, or in any way modifying, any rights or liabilities resulting from an employee noncompetition agreement that was entered into before December 31, 2005.
(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Employee" means an employee of a broadcasting industry employer other than a sales or management employee.
(b) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations.
(c) "Employee noncompetition agreement" means an agreement, written or oral, express or implied, between an employer and employee under which the employee agrees not to compete, either alone or as an employee of another, with the employer in providing services after termination of employment.
(d) "Broadcasting industry" means employers that distribute or transmit electronic signals to the public at large using television (VHF or UHF), radio (AM, FM, or satellite), or cable television technologies, or which prepare, develop, or create programs or messages to be transmitted by electronic signal using television, radio, or cable technology.
[ 2005 c 176 s 1.]

catchline: Noncompetition agreements for broadcasting industry employees—Restrictions—Trade secrets protected. (Effective until June 30, 2027.)


title: RCW 49.44.200

text:
(1) An employer may not:
(a) Request, require, or otherwise coerce an employee or applicant to disclose login information for the employee's or applicant's personal social networking account;
(b) Request, require, or otherwise coerce an employee or applicant to access his or her personal social networking account in the employer's presence in a manner that enables the employer to observe the contents of the account;
(c) Compel or coerce an employee or applicant to add a person, including the employer, to the list of contacts associated with the employee's or applicant's personal social networking account;
(d) Request, require, or cause an employee or applicant to alter the settings on his or her personal social networking account that affect a third party's ability to view the contents of the account; or
(e) Take adverse action against an employee or applicant because the employee or applicant refuses to disclose his or her login information, access his or her personal social networking account in the employer's presence, add a person to the list of contacts associated with his or her personal social networking account, or alter the settings on his or her personal social networking account that affect a third party's ability to view the contents of the account.
(2) This section does not apply to an employer's request or requirement that an employee share content from his or her personal social networking account if the following conditions are met:
(a) The employer requests or requires the content to make a factual determination in the course of conducting an investigation;
(b) The employer undertakes the investigation in response to receipt of information about the employee's activity on his or her personal social networking account;
(c) The purpose of the investigation is to: (i) Ensure compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct; or (ii) investigate an allegation of unauthorized transfer of an employer's proprietary information, confidential information, or financial data to the employee's personal social networking account; and
(d) The employer does not request or require the employee to provide his or her login information.
(3) This section does not:
(a) Apply to a social network, intranet, or other technology platform that is intended primarily to facilitate work-related information exchange, collaboration, or communication by employees or other workers;
(b) Prohibit an employer from requesting or requiring an employee to disclose login information for access to: (i) An account or service provided by virtue of the employee's employment relationship with the employer; or (ii) an electronic communications device or online account paid for or supplied by the employer;
(c) Prohibit an employer from enforcing existing personnel policies that do not conflict with this section;
(d) Prevent an employer from complying with the requirements of state or federal statutes, rules or regulations, case law, or rules of self-regulatory organizations; or
(e) Apply to a background investigation in accordance with RCW 43.101.095. However, the officer must not be required to provide login information.
(4) If, through the use of an employer-provided electronic communications device or an electronic device or program that monitors an employer's network, an employer inadvertently receives an employee's login information, the employer is not liable for possessing the information but may not use the login information to access the employee's personal social networking account.
(5) For the purposes of this section and RCW 49.44.205:
(a) "Adverse action" means: Discharging, disciplining, or otherwise penalizing an employee; threatening to discharge, discipline, or otherwise penalize an employee; and failing or refusing to hire an applicant.
(b) "Applicant" means an applicant for employment.
(c) "Electronic communications device" means a device that uses electronic signals to create, transmit, and receive information, including computers, telephones, personal digital assistants, and other similar devices.
(d) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or other activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. "Employer" includes an agent, a representative, or a designee of the employer.
(e) "Login information" means a user name and password, a password, or other means of authentication that protects access to a personal social networking account.
[ 2021 c 323 s 24; 2013 c 330 s 1.]

catchline: Personal social networking accounts—Restrictions on employer access—Definitions.


title: RCW 49.44.205

text:
An employee or applicant aggrieved by a violation of RCW 49.44.200 may bring a civil action in a court of competent jurisdiction. The court may:
(1) Award a prevailing employee or applicant injunctive or other equitable relief, actual damages, a penalty in the amount of five hundred dollars, and reasonable attorneys' fees and costs; and
(2) Pursuant to RCW 4.84.185, award any prevailing party against whom an action has been brought for a violation of RCW 49.44.200 reasonable expenses and attorneys' fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause.
[ 2013 c 330 s 2.]

catchline: Violations of RCW 49.44.200—Civil action—Remedies.


title: RCW 49.44.211

text:
(1) A provision in an agreement by an employer and an employee not to disclose or discuss conduct, or the existence of a settlement involving conduct, that the employee reasonably believed under Washington state, federal, or common law to be illegal discrimination, illegal harassment, illegal retaliation, a wage and hour violation, or sexual assault, or that is recognized as against a clear mandate of public policy, is void and unenforceable. Prohibited nondisclosure and nondisparagement provisions in agreements concern conduct that occurs at the workplace, at work-related events coordinated by or through the employer, between employees, or between an employer and an employee, whether on or off the employment premises. Prohibited nondisclosure and nondisparagement provisions include those contained in employment agreements, independent contractor agreements, agreements to pay compensation in exchange for the release of a legal claim, or any other agreement between an employer and an employee.
(2) This section does not prohibit the enforcement of a provision in any agreement that prohibits the disclosure of the amount paid in settlement of a claim.
(3) It is a violation of this section for an employer to discharge or otherwise discriminate or retaliate against an employee for disclosing or discussing conduct that the employee reasonably believed to be illegal harassment, illegal discrimination, illegal retaliation, wage and hour violations, or sexual assault, that is recognized as illegal under state, federal, or common law, or that is recognized as against a clear mandate of public policy, occurring in the workplace, at work-related events coordinated by or through the employer, between employees, or between an employer and an employee, whether on or off the employment premises.
(4) It is a violation of this section for an employer to request or require that an employee enter into any agreement provision that is prohibited by this section.
(5) It is a violation of this section for an employer to attempt to enforce a provision of an agreement prohibited by this section, whether through a lawsuit, a threat to enforce, or any other attempt to influence a party to comply with a provision in any agreement that is prohibited by this section.
(6) This section does not prohibit an employer and an employee from protecting trade secrets, proprietary information, or confidential information that does not involve illegal acts.
(7) An employer who violates this section after June 9, 2022, is liable in a civil cause of action for actual or statutory damages of $10,000, whichever is more, as well as reasonable attorneys' fees and costs.
(8) For the purposes of this section, "employee" means a current, former, or prospective employee or independent contractor.
(9) A nondisclosure or nondisparagement provision in any agreement signed by an employee who is a Washington resident is governed by Washington law.
(10) The provisions of this section are to be liberally construed to fulfill its remedial purpose.
(11) As an exercise of the state's police powers and for remedial purposes, this section is retroactive from June 9, 2022, only to invalidate nondisclosure or nondisparagement provisions in agreements created before June 9, 2022, and which were agreed to at the outset of employment or during the course of employment. This subsection allows the recovery of damages only to prevent the enforcement of those provisions. This subsection does not apply to a nondisclosure or nondisparagement provision contained in an agreement to settle a legal claim.
[ 2022 c 133 s 2.]
Notes:
Intent—2022 c 133: "The legislature recognizes that there exists a strong public policy in favor of the disclosure of illegal discrimination, illegal harassment, illegal retaliation, wage and hour violations, and sexual assault, that is recognized as illegal under Washington state, federal, or common law, or that is recognized as against a clear mandate of public policy, that occurs at the workplace, at work-related events coordinated by or through the employer, between employees, or between an employer and an employee, whether on or off the employment premises. Nondisclosure and nondisparagement provisions in agreements between employers and current, former, prospective employees, and independent contractors have become routine and perpetuate illegal conduct by silencing those who are victims or who have knowledge of illegal discrimination, illegal harassment, illegal retaliation, wage and hour violations, or sexual assault. It is the intent of the legislature to prohibit nondisclosure and nondisparagement provisions in agreements, which defeat the strong public policy in favor of disclosure." [ 2022 c 133 s 1.]

catchline: Prohibited nondisclosure and nondisparagement provisions—Retaliation by employer prohibited—Penalties—Construction.


title: RCW 49.44.220

text:
(1)(a) It is unlawful for an employer to obtain individually identifiable information regarding an employee's participation in an employee assistance program. Individually identifiable information gathered in the process of conducting an employee assistance program must be kept confidential.
(b) Subsection (1)(a) of this section does not apply to:
(i) Authorized disclosures under RCW 41.04.730;
(ii) Disclosures to an employer regarding an employee's attendance in an employee assistance program, which the employee was required to attend as a condition of continued employment; and
(ii) [(iii)] Disclosures that are:
(A) Made to prevent or lessen a perceived threat to the health or safety of an individual or the public; or
(B) Permitted or required under RCW 18.225.105, 70.02.050, or 71.05.120.
(2) An employee's participation or nonparticipation in an employee assistance program must not be a factor in a decision affecting an employee's job security, promotional opportunities, corrective or disciplinary action, or other employment rights.
[ 2022 c 11 s 1.]

catchline: Prohibited acts with respect to an employee's participation or nonparticipation in an employee assistance program.


title: RCW 49.44.230

text:
(1) Except as provided in subsection (2) of this section:
(a) An employer or an employer's agent may not search the privately owned vehicles of employees located on the employer's parking lots or garages or located on the access road to the employer's parking lots or garages.
(b) An employee may possess any of the employee's private property within the employee's vehicle, unless possession of such property is otherwise prohibited by law.
(c) An employer must not require, as a condition of employment, that an employee or prospective employee waive the protections of (a) or (b) of this subsection.
(2) This section does not apply:
(a) To vehicles owned or leased by an employer;
(b) To lawful searches by law enforcement officers;
(c) When the employer requires or authorizes the employee to use the employee's personal vehicle for work-related activities and the employer needs to inspect the vehicle to ensure the vehicle is suited to conduct the work-related activities;
(d) When a reasonable person would believe that accessing vehicles of an employee is necessary to prevent an immediate threat to human health, life, or safety;
(e) When an employee consents to a search of his or her privately owned vehicle by the business owner, owner's agent, or a licensed private security guard based on probable cause that the employee unlawfully possesses: (i) Employer property; or (ii) a controlled substance in violation of both federal law and the employer's written policy prohibiting drug use. The employee's consent must be given immediately prior to the search, and the employer may not require that the employee waive consent as a condition of employment. Upon consent, the employee has the right to select a witness to be present for the search;
(f) To security inspections of vehicles on state and federal military installations and facilities;
(g) To vehicles located on the premises of a state correctional institution, as defined in RCW 9.94.049; or
(h) To specific employer areas subject to searches under state or federal law.
(3) For purposes of this section, the terms "probable cause" and "private property" have their usual meaning under state and federal law.
(4) An employer may not take any adverse action against an employee for exercising any right under this section. An adverse action means any action taken or threatened by an employer against an employee for exercising the employee's rights under this section, and may include, but are not limited to:
(a) Denying the use of, or delaying, wages or other amounts owed to the employee;
(b) Terminating, suspending, demoting, or denying a promotion;
(c) Reducing the number of work hours for which the employee is scheduled;
(d) Altering the employee's preexisting work schedule;
(e) Reducing the employee's rate of pay; and
(f) Threatening to take, or taking, action based upon the immigration status of an employee or an employee's family member.
[ 2023 c 252 s 1.]

catchline: Searches of employee personal vehicles.


title: RCW 49.44.235

text:
(1) An employer may not request, require, or coerce any employee to have a microchip implanted in the employee for any reason.
(2) An employee aggrieved by a violation of this section may bring a civil action in a court of competent jurisdiction. The court may award a prevailing employee injunctive relief, actual damages, punitive damages, and reasonable attorneys' fees and costs.
(3) For purposes of this section, the following definitions apply unless the context clearly requires otherwise:
(a) "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 employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.
(b) "Employee" means an individual who is employed by the employer or who is an applicant for employment with the employer.
(c) "Microchip" means a product, device, or technology that is subcutaneously implanted in the body of an individual and contains a unique identification number and personal information that can be noninvasively retrieved or transmitted with an external scanning device. "Microchip" does not include a device that is implanted in an individual if the device is used in the diagnosis, monitoring, treatment, or prevention of a health condition, and only transmits such information as is necessary to carry out the diagnosis, monitoring, treatment, or prevention of the health condition.
(d) "Subcutaneously" means beneath the skin. "Subcutaneously" does not include information temporarily attached to the skin by an adhesive strip or bracelet upon which or within which personal information is maintained or stored.
[ 2026 c 25 s 2.]
Notes:
Finding—Intent—2026 c 25: "(1) The legislature finds and declares that individual liberty and bodily autonomy are fundamental rights protected by the United States Constitution and the Washington Constitution. Employers should not have the authority to require or coerce invasive procedures as a condition of employment. Technological advances have made it possible to implant microchips and other tracking devices into the human body; however, without clear legal safeguards, such practices threaten personal privacy, individual dignity, and freedom of choice in the workplace.
(2) It is the intent of the legislature to protect employees and job applicants from any form of compelled implantation of microchips or similar technology by employers. Nothing in this act is intended to limit medically necessary implants or devices that are implanted for a legitimate health care purpose and with a patient's voluntary, informed consent.
(3) This act reinforces the principle that decisions about a person's body belong to the individual — not to their employer; and that employers should compete for talent through wages, benefits, and working conditions — not through invasive monitoring technologies. The legislature further intends to provide a private right of action so that individuals harmed by violations of this act may seek redress in court." [ 2026 c 25 s 1.]

catchline: Microchipping of employees—Prohibition—Cause of action—Definitions.


title: RCW 49.44.240

text:
(1) It is unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon:
(a) The person's use of cannabis off the job and away from the workplace; or
(b) An employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.
(2) Nothing in this section:
(a) Prohibits an employer from basing initial hiring decisions on scientifically valid drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites;
(b) Affects the rights or obligations of an employer to maintain a drug and alcohol free workplace, or any other rights or obligations of an employer required by federal law or regulation; or
(c) Applies to testing for controlled substances other than preemployment, such as postaccident testing or testing because of a suspicion of impairment or being under the influence of alcohol, controlled substances, medications, or other substances.
(3) This section does not apply to an applicant seeking:
(a) A position requiring a federal government background investigation or security clearance;
(b) A position with a general authority Washington law enforcement agency as defined in RCW 10.93.020;
(c) A position with a fire department, fire protection district, or regional fire protection service authority;
(d) A position as a first responder not included under (b) or (c) of this subsection, including a dispatcher position with a public or private 911 emergency communications system or a position responsible for the provision of emergency medical services;
(e) A position as a corrections officer with a jail, detention facility, or the department of corrections, including any position directly responsible for the custody, safety, and security of persons confined in those facilities;
(f) A position in the airline or aerospace industries; or
(g) A safety sensitive position for which impairment while working presents a substantial risk of death. Such safety sensitive positions must be identified by the employer prior to the applicant's application for employment.
(4)(a) This section does not preempt state or federal laws requiring an applicant to be tested for controlled substances. This includes state or federal laws requiring applicants to be tested, or the way they are tested, as a condition of employment, receiving federal funding or federal licensing-related benefits, or as required by a federal contract.
(b) Employers may require an applicant to be tested for a spectrum of controlled substances, which may include cannabis, as long as the cannabis results are not provided to the employer. Such policies are fully subject to subsection (1) of this section.
(5) For the purposes of this section, "cannabis" has the meaning provided in RCW 69.50.101.
[ 2023 c 359 s 2.]
Notes:
Finding—Intent—2023 c 359: "The legislature finds that the legalization of recreational cannabis in Washington state in 2012 created a disconnect between prospective employees' legal activities and employers' hiring practices. Many tests for cannabis show only the presence of nonpsychoactive cannabis metabolites from past cannabis use, including up to 30 days in the past, that have no correlation to an applicant's future job performance. Applicants are much less likely to test positive or be disqualified for the presence of alcohol on a preemployment screening test compared with cannabis, despite both being legally allowed controlled substances. The legislature intends to prevent restricting job opportunities based on an applicant's past use of cannabis." [ 2023 c 359 s 1.]
Effective date—2023 c 359: "This act takes effect January 1, 2024." [ 2023 c 359 s 3.]

catchline: Discrimination based upon cannabis use—Exceptions.


title: RCW 49.44.250

text:
(1) Except as provided in subsections (2) and (3) of this section, any employer, including the state and any instrumentality or political subdivision thereof, may not subject or threaten to subject any employee to discipline or discharge, or otherwise penalize or take any adverse employment action against an employee:
(a) On account of the employee's refusal to:
(i) Attend or participate in an employer-sponsored meeting with the employer or its agent, representative, or designee, the primary purpose of which is to communicate the employer's opinion concerning religious or political matters; or
(ii) Listen to speech or view communications, including electronic communications, the primary purpose of which is to communicate the employer's opinion concerning religious or political matters; or
(b) As a means of requiring an employee to attend a meeting or participate in communications described in (a) of this subsection; or
(c) Because the employee, or a person acting on behalf of the employee, makes a good faith report, orally or in writing, of a violation or a suspected violation of this section. This subsection (1)(c) does not apply if the employee knows that the report is false.
(2) This section does not:
(a) Prohibit an employer or its agent, representative, or designee from communicating to its employees any information that the employer is required by law to communicate, but only to the extent of the legal requirement;
(b) Limit the rights of an employer to offer meetings, forums, or other communications about religious or political matters for which attendance or participation is strictly voluntary;
(c) Limit the rights of an employer or its agent, representative, or designee from communicating to its employees any information, or requiring employee attendance at a meeting or other event, that is necessary for the employees to perform their lawfully required job duties; or
(d) Prohibit an employer or its agent, representative, or designee from requiring its employees to attend any training intended to reduce and prevent workplace harassment or discrimination.
(3) The provisions of this section do not apply to a religious corporation, entity, association, educational institution, or society that is exempt from the requirements of Title VII of the civil rights act of 1964 pursuant to 42 U.S.C. Sec. 2000e-1(a), with respect to speech on religious matters to employees who perform work connected with the activities undertaken by such religious corporation, entity, association, educational institution, or society.
(4) An aggrieved employee may bring a civil action in superior court to enforce this section no later than 90 days after the date of the alleged violation. The court may award a prevailing employee all appropriate relief, including injunctive relief, reinstatement to the employee's former position or an equivalent position, back pay and reestablishment of any employee benefits, including seniority, to which the employee would otherwise have been eligible if the violation had not occurred, and any other appropriate relief as considered necessary by the court.
(5) An employer subject to this section must post a notice of employee rights under this section in a place normally reserved for employment-related notices and in a place commonly frequented by employees.
(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Political matters" means matters relating to elections for political office, political parties, proposals to change legislation, proposals to change regulations, and the decision to join or support any political party or political, civic, community, fraternal, or labor association or organization.
(b) "Religious matters" means matters relating to religious affiliation and practice, and the decision to join or support any religious organization or association.
[ 2024 c 357 s 2.]
Notes:
Intent—2024 c 357: "(1) The legislature recognizes that freedom of speech is a foundational ideal that is core to this nation's identity.
(2) The legislature intends that workers be protected from retaliation by certain employers when the worker chooses to perform their job duties instead of listening to the employer's speech on political or religious matters." [ 2024 c 357 s 1.]
Short title—2024 c 357: "This act may be known and cited as the employee free choice act." [ 2024 c 357 s 3.]

catchline: Required religious or political meetings—Employee rights—Exceptions—Notice—Definitions.


title: RCW 49.44.260

text:
(1) A city with a population of more than 650,000 or a county with a population of more than 2,000,000 may not adopt or enforce ordinances or regulations that:
(a) Limit or prohibit an entertainer from collecting payment for adult entertainment from customers; or
(b) Restrict an entertainer's proximity or distance from others before or after any adult entertainment, or restrict the customer's proximity or distance from the stage during any adult entertainment, so long as there is no contact between the dancers and customers.
(2) For the purposes of this section:
(a) "Entertainer" has the same meaning as in RCW 49.17.470.
(b) "Entertainment" has the same meaning as "adult entertainment" in RCW 49.17.470.
(c) "Establishment" has the same meaning as "adult entertainment establishment" in RCW 49.17.470.
[ 2024 c 250 s 3.]
Notes:
Rule repeal—2024 c 250: See note following RCW 66.24.720.

catchline: Adult entertainment regulation.


title: RCW 49.45.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Affected employee" means an employee who may reasonably expect to experience an employment loss because of a proposed business closing or mass layoff by an employer.
(2) "Aggrieved employee" means an employee who has worked for the employer ordering the business closing or mass layoff and who, because of the employer's failure to comply with the requirements of chapter 277, Laws of 2025, did not receive timely notice either directly or through the employee's representative.
(3) "Bargaining representative" means an exclusive representative of employees under the national labor relations act, 29 U.S.C. Sec. 151 et seq., or the railway labor act, 45 U.S.C. Sec. 151 et seq.
(4) "Business closing" means the permanent or temporary shutdown of a single site of employment of one or more facilities or operating units that will result in an employment loss for 50 or more employees, excluding part-time employees.
(5) "Commissioner" means the commissioner of the employment security department.
(6) "Department" means the employment security department.
(7) "Employee" means a person employed in this state by an employer. "Employee" includes part-time employees.
(8) "Employer" means a person who employs 50 or more employees in this state, excluding part-time employees. "Employer" does not include the state or any political subdivision thereof, including any unit of local government, or any Indian tribe, as defined in section 3306(u) of the federal unemployment tax act.
(9)(a) "Employment loss" means:
(i) An employment termination, other than a discharge for cause, voluntary separation, or retirement;
(ii) A layoff exceeding six months; or
(iii) A reduction in hours of more than 50 percent of work of individual employees during each month of a six-month period.
(b) "Employment loss" does not include instances when a business closing or mass layoff is the result of the relocation or consolidation of part or all of the employer's business and, before the business closing or mass layoff, the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance, as defined by the department, with no more than a six-month break in employment.
(10) "Mass layoff" means a reduction in employment force that is not the result of a business closing and results in an employment loss during any 30-day period of 50 or more employees, excluding part-time employees.
(11) "Part-time employee" means an employee who is employed for an average of fewer than 20 hours per week, or an employee who has been employed for fewer than six of the twelve months preceding the date on which notice is required. However, if an applicable collective bargaining agreement defines a part-time employee, such definition shall supersede the definition in this subsection.
(12) "Single site of employment" means a single location or a group of contiguous locations, such as a group of structures that form a campus or business park or separate facilities across the street from each other.
[ 2026 c 86 s 1; 2025 c 277 s 1.]
Notes:
Effective date—2026 c 86: See note following RCW 42.56.230.

catchline: Definitions.


title: RCW 49.45.020

text:
(1)(a) Subject to RCW 49.45.030, an employer may not order a business closing or a mass layoff until the end of a 60-day period that begins after the employer, pursuant to this section, serves written notice of such action to the department and to the affected employee or, if the employee is represented by a union, to the employee's bargaining representative.
(b) An employer who has previously announced and carried out a short-term mass layoff of three months or less that is extended beyond three months due to business circumstances not reasonably foreseeable at the time of the initial mass layoff is required to give notice when it becomes reasonably foreseeable that the extension is required. A mass layoff extending beyond three months from the date the mass layoff commenced for any other reason must be treated as an employment loss from the date of commencement of the initial mass layoff.
(c) In the case of the sale of part or all of a business, the seller is responsible for providing notice of any business closing or mass layoff which will take place up to and on the effective date of the sale. The buyer is responsible for providing notice of any business closing or mass layoff that will take place thereafter.
(2) Notice from the employer to the department and affected employees or, if the employees are represented, the employees' bargaining representative must be in written form, include the elements required, as they exist on July 27, 2025, by the federal worker adjustment and retraining notification act, 29 U.S.C. Sec. 2101 et seq., and include the following:
(a) The name and address of the employment site where the business closing or mass layoff will occur, and the name and contact information of a company official to contact for further information;
(b) A statement whether the planned action is expected to be permanent or temporary and, if the entire business is to be closed, a statement to that effect. If the planned action is expected to be temporary, the statement must also include whether the planned action is expected to last longer or shorter than three months;
(c) The expected date of the first employment loss and the anticipated schedule for employment losses;
(d) The job titles of positions to be affected;
(e) Whether the mass layoff or business closing is the result of, or will result in, the relocation or contracting out of the employer's operations or the employees' positions; and
(f) For the notice provided to the department and, if the employees are represented, the employees' bargaining representative, the names and addresses of the employees currently holding the affected job.
(3) The employer must provide additional notice of the date or schedule of dates of a planned business closing or mass layoff extended beyond the date of any period announced in the original notice.
[ 2026 c 86 s 2; 2025 c 277 s 2.]
Notes:
Effective date—2026 c 86: See note following RCW 42.56.230.

catchline: Notice requirement.


title: RCW 49.45.030

text:
(1) An employer is not required to comply with the notice requirements under RCW 49.45.020 if:
(a)(i) At the time the notice would have been required, the employer was actively seeking capital or business;
(ii) The capital or business sought, if obtained, would have enabled the employer to avoid or postpone the business closing or mass layoff; and
(iii) The employer reasonably and in good faith believed that giving the notice required by RCW 49.45.020 would have precluded the employer from obtaining the needed capital or business;
(b) The mass layoff or business closing is caused by business circumstances that were not reasonably foreseeable at the time the notice would have been required. The unforeseeable business circumstances must be caused by a sudden, dramatic, and unexpected action or condition outside of the employer's control;
(c) The mass layoff or business closing is due to a natural disaster, such as a flood, earthquake, drought, storm, tornado, or similar effects of nature; or
(d) The mass layoff occurs at:
(i) A construction project and the affected employees were hired with the understanding that their employment was limited to the duration of a particular portion of that construction project; or
(ii) A multiemployer construction project and the only affected employees are subject to a full union referral or dispatch system.
(2) If an exception under this section applies for only part of the 60-day notice window, notice is required at the time the exception no longer applies. If notice is not provided, the employer is liable for each day notice is not provided pursuant to RCW 49.45.040 and 49.45.050.
(3) The department may not determine an exception under this section applies unless the employer meets the documentation and other requirements established by the department pursuant to RCW 49.45.070.
[ 2025 c 277 s 3.]

catchline: Exceptions to notice requirement.


title: RCW 49.45.040

text:
(1) An employer that orders a business closing or mass layoff without providing a notice required by RCW 49.45.020 is liable to each aggrieved employee who suffers an employment loss because of the closing or layoff for:
(a) Back pay for each day of violation not less than the higher of:
(i) The average regular rate of compensation received by the employee during the last three years of the employee's employment; or
(ii) The employee's final rate of compensation; and
(b) The value of the cost of any benefits to which the employee would have been entitled had their employment not been lost, including the cost of any medical expenses incurred by the employee that would have been covered under an employee benefit plan.
(2) Liability under this section must be calculated for the period of the employer's violation up to a maximum of 60 days.
(3) The amount for which an employer is liable under this section must be reduced by:
(a) Any wages paid by the employer to the employee during the period of the violation;
(b) Any voluntary and unconditional payment by the employer to the employee that is not required by any legal obligation;
(c) The amount paid to the employee pursuant to the federal worker adjustment and retraining notification act, 29 U.S.C. Sec. 2101 et seq.; and
(d) Any payment by the employer to a third party or trustee, such as premiums for health benefits or payments to a defined contribution pension plan, on behalf and attributable to the employee for the period of the violation.
(4)(a) The department, an aggrieved employee, or the bargaining representative of the aggrieved employee may bring a civil action on behalf of the person, other persons similarly situated, or both, in any court of competent jurisdiction within three years of the alleged violation. The court may award reasonable attorneys' fees as part of costs to any plaintiff who prevails in a civil action brought under this chapter.
(b) If the court determines that an employer conducted a reasonable investigation in good faith and had reasonable grounds to believe that its conduct was not a violation of this chapter, the court may reduce the amount of any penalty it would otherwise impose against the employer under this chapter.
(c) This chapter does not grant any court the authority to enjoin a mass layoff or business closing.
[ 2025 c 277 s 4.]

catchline: Violations of notice requirement—Liability—Civil action.


title: RCW 49.45.050

text:
(1) An employer who fails to give the notice required by RCW 49.45.020 to the department is subject to a civil penalty of not more than $500 for each day of the employer's violation. However, the employer is not subject to a civil penalty under this section if the employer pays to all applicable employees the amounts for which the employer is liable under RCW 49.45.040 within three weeks from the date the employer orders the mass layoff, relocation, or termination.
(2) Any civil penalty paid by the employer under the federal worker adjustment and retraining notification act, 29 U.S.C. Sec. 2101 et seq., must be considered a payment of the civil penalty under this section.
(3) All penalties recovered under this section must be paid into the state treasury and credited to the general fund.
[ 2025 c 277 s 5.]

catchline: Violations of notice requirement—Penalties.


title: RCW 49.45.060

text:
Except in the cases exempted under RCW 49.45.030(1) (b) through (d), an employer may not include an employee in an order of a mass layoff if the employee is currently on paid family or medical leave under Title 50A RCW.
[ 2025 c 277 s 6.]

catchline: Paid family or medical leave protection.


title: RCW 49.45.070

text:
The department shall administer and enforce the provisions of this chapter and may adopt rules to carry out its purpose. Rules adopted pursuant to this section must include documentation requirements for the exceptions in RCW 49.45.030.
[ 2025 c 277 s 7.]

catchline: Rules.


title: RCW 49.45.900

text:
Chapter 277, Laws of 2025 may be known and cited as the securing timely notification and benefits for laid-off employees act.
[ 2025 c 277 s 8.]

catchline: Short title—2025 c 277.


title: RCW 49.46.005

text:
(1) Whereas the establishment of a minimum wage for employees is a subject of vital and imminent concern to the people of this state and requires appropriate action by the legislature to establish minimum standards of employment within the state of Washington, therefore the legislature declares that in its considered judgment the health, safety and the general welfare of the citizens of this state require the enactment of this measure, and exercising its police power, the legislature endeavors by this chapter to establish a minimum wage for employees of this state to encourage employment opportunities within the state. The provisions of this chapter are enacted in the exercise of the police power of the state for the purpose of protecting the immediate and future health, safety and welfare of the people of this state.
(2) Since the enactment of Washington's original minimum wage act, the legislature and the people have repeatedly amended this chapter to establish and enforce modern fair labor standards, including periodically updating the minimum wage and establishing the forty-hour workweek and the right to overtime pay.
(3) The people hereby amend this chapter to conform to modern fair labor standards by establishing a fair minimum wage and the right to paid sick leave to protect public health and allow workers to care for the health of themselves and their families.
[ 2017 c 2 s 2 (Initiative Measure No. 1433, approved November 8, 2016); 1961 ex.s. c 18 s 1.]
Notes:
Intent—2017 c 2 (Initiative Measure No. 1433): "It is the intent of the people to establish fair labor standards and protect the rights of workers by increasing the hourly minimum wage to $11.00 (2017), $11.50 (2018), $12.00 (2019)[,] and $13.50 (2020), and requiring employers to provide employees with paid sick leave to care for the health of themselves and their families." [ 2017 c 2 s 1 (Initiative Measure No. 1433, approved November 8, 2016).]
Effective date—2017 c 2 (Initiative Measure No. 1433): "This act takes effect on January 1, 2017." [ 2017 c 2 s 14 (Initiative Measure No. 1433, approved November 8, 2016).]

catchline: Declaration of necessity and police power—Conformity to modern fair labor standards.


title: RCW 49.46.010

text:
As used in this chapter:
(1) "Coercion" means a threat to compel or induce a person to engage in conduct which the person has a legal right to abstain from, or to abstain from conduct in which the person has a legal right to engage in;
(2) "Director" means the director of labor and industries;
(3) "Employ" includes to permit to work;
(4) "Employee" includes any individual employed by an employer but shall not include:
(a) Any individual (i) employed as a hand harvest laborer and paid on a piece rate basis in an operation which has been, and is generally and customarily recognized as having been, paid on a piece rate basis in the region of employment; (ii) who commutes daily from his or her permanent residence to the farm on which he or she is employed; and (iii) who has been employed in agriculture less than thirteen weeks during the preceding calendar year;
(b) Any individual employed in casual labor in or about a private home, unless performed in the course of the employer's trade, business, or profession;
(c) Any individual employed in a bona fide executive, administrative, or professional capacity or in the capacity of outside salesperson as those terms are defined and delimited by rules of the director. However, those terms shall be defined and delimited by the human resources director pursuant to chapter 41.06 RCW for employees employed under the director of personnel's jurisdiction;
(d) Any individual engaged in the activities of an educational, charitable, religious, state or local governmental body or agency, or nonprofit organization where the employer-employee relationship does not in fact exist or where the services are rendered to such organizations gratuitously. If the individual receives reimbursement in lieu of compensation for normally incurred out-of-pocket expenses or receives a nominal amount of compensation per unit of voluntary service rendered, an employer-employee relationship is deemed not to exist for the purpose of this section or for purposes of membership or qualification in any state, local government, or publicly supported retirement system other than that provided under chapter 41.24 RCW;
(e) Any individual employed full time by any state or local governmental body or agency who provides voluntary services but only with regard to the provision of the voluntary services. The voluntary services and any compensation therefor shall not affect or add to qualification, entitlement, or benefit rights under any state, local government, or publicly supported retirement system other than that provided under chapter 41.24 RCW;
(f) Any newspaper vendor, carrier, or delivery person selling or distributing newspapers on the street, to offices, to businesses, or from house to house and any freelance news correspondent or "stringer" who, using his or her own equipment, chooses to submit material for publication for free or a fee when such material is published;
(g) Any carrier subject to regulation by Part 1 of the Interstate Commerce Act;
(h) Any individual engaged in forest protection and fire prevention activities;
(i) Any individual employed by any charitable institution charged with child care responsibilities engaged primarily in the development of character or citizenship or promoting health or physical fitness or providing or sponsoring recreational opportunities or facilities for young people or members of the armed forces of the United States;
(j) Any individual whose duties require that he or she reside or sleep at the place of his or her employment or who otherwise spends a substantial portion of his or her work time subject to call, and not engaged in the performance of active duties;
(k) Any resident, inmate, or patient of a state, county, or municipal correctional, detention, treatment or rehabilitative institution;
(l) Any individual who holds a public elective or appointive office of the state, any county, city, town, municipal corporation or quasi municipal corporation, political subdivision, or any instrumentality thereof, or any employee of the state legislature;
(m) All vessel operating crews of the Washington state ferries operated by the department of transportation;
(n) Any individual employed as a seaman on a vessel other than an American vessel;
(o) Any farm intern providing his or her services to a small farm which has a special certificate issued under RCW 49.12.471;
(p) An individual who is at least 16 years old but under twenty-one years old, in his or her capacity as a player for a junior ice hockey team that is a member of a regional, national, or international league and that contracts with an arena owned, operated, or managed by a public facilities district created under chapter 36.100 RCW; or
(q) Any individual who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for wages and working conditions;
(5) "Employer" includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee;
(6) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed;
(7) "Retail or service establishment" means an establishment seventy-five percent of whose annual dollar volume of sales of goods or services, or both, is not for resale and is recognized as retail sales or services in the particular industry;
(8) "Threat" means any implicit or explicit communication specifically pertaining to an employee's or an employee's family member's immigration status that is made by the employer to deter an employee from engaging in protected activities or exercising a right under this chapter, chapter 49.12, 49.30, or 49.48 RCW, or any rules issued by the department of labor and industries pursuant to those chapters;
(9) "Wage" means compensation due to an employee by reason of employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by rules of the director.
[ 2025 c 236 s 1; 2024 c 132 s 1; 2023 c 269 s 3; 2020 c 212 s 3. Prior: 2015 c 299 s 3; prior: (2014 c 131 s 2 expired December 31, 2019); 2013 c 141 s 1; prior: 2011 1st sp.s. c 43 s 462; (2011 1st sp.s. c 43 s 461 expired December 31, 2011); prior: (2010 c 160 s 2 expired December 31, 2011); 2010 c 8 s 12040; 2002 c 354 s 231; 1997 c 203 s 3; 1993 c 281 s 56; 1989 c 1 s 1 (Initiative Measure No. 518, approved November 8, 1988); 1984 c 7 s 364; 1977 ex.s. c 69 s 1; 1975 1st ex.s. c 289 s 1; 1974 ex.s. c 107 s 1; 1961 ex.s. c 18 s 2; 1959 c 294 s 1.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Rules—Effective date—2025 c 236: See notes following RCW 49.46.370.
Findings—Effective date—2023 c 269: See notes following RCW 49.12.471.
Effective date—2020 c 212: See note following RCW 49.12.471.
Expiration date—2017 c 150: "2014 c 131 s 2 expires December 31, 2019." [ 2017 c 150 s 3.]
Expiration date—2017 c 150; 2014 c 131: "This act expires December 31, 2019." [ 2017 c 150 s 2; 2014 c 131 s 5.]
Recognition—Intent—2015 c 299: See note following RCW 49.12.005.
Effective date—2011 1st sp.s. c 43 s 462: "Section 462 of this act takes effect December 31, 2011." [ 2011 1st sp.s. c 43 s 484.]
Expiration date—2011 1st sp.s. c 43 s 461: "Section 461 of this act expires December 31, 2011." [ 2011 1st sp.s. c 43 s 483.]
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Expiration date—2010 c 160: "This act expires December 31, 2011." [ 2010 c 160 s 6.]
Short title—Headings, captions not law—Severability—Effective dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Construction—1997 c 203: See note following RCW 49.46.130.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—1989 c 1 (Initiative Measure No. 518, approved November 8, 1988): "This act shall take effect January 1, 1989." [ 1989 c 1 s 5.]
Effect of offset of military pay on status of bona fide executive, administrative, and professional employees: RCW 73.16.080.
PDF
RCW 49.46.010
Definitions. (Effective July 1, 2027.)
As used in this chapter:
(1) "Coercion" means a threat to compel or induce a person to engage in conduct which the person has a legal right to abstain from, or to abstain from conduct in which the person has a legal right to engage in;
(2) "Director" means the director of labor and industries;
(3) "Employ" includes to permit to work;
(4) "Employee" includes any individual employed by an employer but shall not include:
(a) Any individual (i) employed as a hand harvest laborer and paid on a piece rate basis in an operation which has been, and is generally and customarily recognized as having been, paid on a piece rate basis in the region of employment; (ii) who commutes daily from his or her permanent residence to the farm on which he or she is employed; and (iii) who has been employed in agriculture less than thirteen weeks during the preceding calendar year;
(b) Any individual employed in casual labor in or about a private home, unless performed in the course of the employer's trade, business, or profession;
(c) Any individual employed in a bona fide executive, administrative, or professional capacity or in the capacity of outside salesperson as those terms are defined and delimited by rules of the director. However, those terms shall be defined and delimited by the human resources director pursuant to chapter 41.06 RCW for employees employed under the director of personnel's jurisdiction;
(d) Any individual engaged in the activities of an educational, charitable, religious, state or local governmental body or agency, or nonprofit organization where the employer-employee relationship does not in fact exist or where the services are rendered to such organizations gratuitously. If the individual receives reimbursement in lieu of compensation for normally incurred out-of-pocket expenses or receives a nominal amount of compensation per unit of voluntary service rendered, an employer-employee relationship is deemed not to exist for the purpose of this section or for purposes of membership or qualification in any state, local government, or publicly supported retirement system other than that provided under chapter 41.24 RCW;
(e) Any individual employed full time by any state or local governmental body or agency who provides voluntary services but only with regard to the provision of the voluntary services. The voluntary services and any compensation therefor shall not affect or add to qualification, entitlement, or benefit rights under any state, local government, or publicly supported retirement system other than that provided under chapter 41.24 RCW;
(f) Any newspaper vendor, carrier, or delivery person selling or distributing newspapers on the street, to offices, to businesses, or from house to house and any freelance news correspondent or "stringer" who, using his or her own equipment, chooses to submit material for publication for free or a fee when such material is published;
(g) Any carrier subject to regulation by Part 1 of the Interstate Commerce Act;
(h) Any individual engaged in forest protection and fire prevention activities;
(i) Any individual employed by any charitable institution charged with child care responsibilities engaged primarily in the development of character or citizenship or promoting health or physical fitness or providing or sponsoring recreational opportunities or facilities for young people or members of the armed forces of the United States;
(j) Any individual whose duties require that he or she reside or sleep at the place of his or her employment or who otherwise spends a substantial portion of his or her work time subject to call and not engaged in the performance of active duties, except this exemption does not apply to any individual employed by an employer as a domestic worker as defined under RCW 49.96.010;
(k) Any resident, inmate, or patient of a state, county, or municipal correctional, detention, treatment or rehabilitative institution;
(l) Any individual who holds a public elective or appointive office of the state, any county, city, town, municipal corporation or quasi municipal corporation, political subdivision, or any instrumentality thereof, or any employee of the state legislature;
(m) All vessel operating crews of the Washington state ferries operated by the department of transportation;
(n) Any individual employed as a seaman on a vessel other than an American vessel;
(o) Any farm intern providing his or her services to a small farm which has a special certificate issued under RCW 49.12.471;
(p) An individual who is at least 16 years old but under twenty-one years old, in his or her capacity as a player for a junior ice hockey team that is a member of a regional, national, or international league and that contracts with an arena owned, operated, or managed by a public facilities district created under chapter 36.100 RCW; or
(q) Any individual who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for wages and working conditions;
(5) "Employer" includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee;
(6) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed;
(7) "Retail or service establishment" means an establishment seventy-five percent of whose annual dollar volume of sales of goods or services, or both, is not for resale and is recognized as retail sales or services in the particular industry;
(8) "Threat" means any implicit or explicit communication specifically pertaining to an employee's or an employee's family member's immigration status that is made by the employer to deter an employee from engaging in protected activities or exercising a right under this chapter, chapter 49.12, 49.30, or 49.48 RCW, or any rules issued by the department of labor and industries pursuant to those chapters;
(9) "Wage" means compensation due to an employee by reason of employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by rules of the director.
[ 2026 c 15 s 13. Prior: 2025 c 236 s 1; 2024 c 132 s 1; 2023 c 269 s 3; 2020 c 212 s 3; prior: 2015 c 299 s 3; prior: (2014 c 131 s 2 expired December 31, 2019); 2013 c 141 s 1; prior: 2011 1st sp.s. c 43 s 462; (2011 1st sp.s. c 43 s 461 expired December 31, 2011); prior: (2010 c 160 s 2 expired December 31, 2011); 2010 c 8 s 12040; 2002 c 354 s 231; 1997 c 203 s 3; 1993 c 281 s 56; 1989 c 1 s 1 (Initiative Measure No. 518, approved November 8, 1988); 1984 c 7 s 364; 1977 ex.s. c 69 s 1; 1975 1st ex.s. c 289 s 1; 1974 ex.s. c 107 s 1; 1961 ex.s. c 18 s 2; 1959 c 294 s 1.]
Notes:
Effective date—2026 c 15: See note following RCW 49.96.010.
Rules—Effective date—2025 c 236: See notes following RCW 49.46.370.
Findings—Effective date—2023 c 269: See notes following RCW 49.12.471.
Effective date—2020 c 212: See note following RCW 49.12.471.
Expiration date—2017 c 150: "2014 c 131 s 2 expires December 31, 2019." [ 2017 c 150 s 3.]
Expiration date—2017 c 150; 2014 c 131: "This act expires December 31, 2019." [ 2017 c 150 s 2; 2014 c 131 s 5.]
Recognition—Intent—2015 c 299: See note following RCW 49.12.005.
Effective date—2011 1st sp.s. c 43 s 462: "Section 462 of this act takes effect December 31, 2011." [ 2011 1st sp.s. c 43 s 484.]
Expiration date—2011 1st sp.s. c 43 s 461: "Section 461 of this act expires December 31, 2011." [ 2011 1st sp.s. c 43 s 483.]
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Expiration date—2010 c 160: "This act expires December 31, 2011." [ 2010 c 160 s 6.]
Short title—Headings, captions not law—Severability—Effective dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Construction—1997 c 203: See note following RCW 49.46.130.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—1989 c 1 (Initiative Measure No. 518, approved November 8, 1988): "This act shall take effect January 1, 1989." [ 1989 c 1 s 5.]
Effect of offset of military pay on status of bona fide executive, administrative, and professional employees: RCW 73.16.080.

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


title: RCW 49.46.020

text:
(1)(a) Beginning January 1, 2017, and until January 1, 2018, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than eleven dollars per hour.
(b) Beginning January 1, 2018, and until January 1, 2019, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than eleven dollars and fifty cents per hour.
(c) Beginning January 1, 2019, and until January 1, 2020, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than twelve dollars per hour.
(d) Beginning January 1, 2020, and until January 1, 2021, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than thirteen dollars and fifty cents per hour.
(2)(a) Beginning on January 1, 2021, and each following January 1st as set forth under (b) of this subsection, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than the amount established under (b) of this subsection.
(b) On September 30, 2020, and on each following September 30th, the department of labor and industries shall calculate an adjusted minimum wage rate to maintain employee purchasing power by increasing the current year's minimum wage rate by the rate of inflation. The adjusted minimum wage rate shall be calculated to the nearest cent using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index, for the twelve months prior to each September 1st as calculated by the United States department of labor. Each adjusted minimum wage rate calculated under this subsection (2)(b) takes effect on the following January 1st.
(3) An employer must pay to its employees: (a) All tips and gratuities; and (b) all service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.
(4) Beginning January 1, 2018, except as provided in RCW 49.46.180, every employer must provide to each of its employees paid sick leave as provided in RCW 49.46.200 and 49.46.210.
(5) The director shall by regulation establish the minimum wage for employees under the age of eighteen years.
[ 2019 c 236 s 2; 2017 c 2 s 3 (Initiative Measure No. 1433, approved November 8, 2016); 1999 c 1 s 1 (Initiative Measure No. 688, approved November 3, 1998); 1993 c 309 s 1; 1989 c 1 s 2 (Initiative Measure No. 518, approved November 8, 1988); 1975 1st ex.s. c 289 s 2; 1973 2nd ex.s. c 9 s 1; 1967 ex.s. c 80 s 1; 1961 ex.s. c 18 s 3; 1959 c 294 s 2.]
Notes:
Findings—2019 c 236: "The legislature finds that Initiative 1433 is a good law approved by the voters to establish sick leave benefits for workers. The law creates necessary worker protections while simultaneously reducing the spread of communicable sickness and disease and addressing other public health and safety concerns.
However, the legislature finds that this new law does not provide for flexibility and portability of benefits for construction workers who may work for multiple employers and who already negotiate wages and benefits with their employers. Workers covered under a collective bargaining agreement for the construction industry should be allowed the ability to negotiate comparable benefits that ensures that eligibility can be achieved and that the benefits are portable from employer to employer." [ 2019 c 236 s 1.]
Intent—Effective date—2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005.
Effective date—1993 c 309: "This act shall take effect January 1, 1994." [ 1993 c 309 s 2.]
Effective date—1989 c 1 (Initiative Measure No. 518): See note following RCW 49.46.010.
Notification of employers: RCW 49.46.140.

catchline: Minimum hourly wage—Paid sick leave.


title: RCW 49.46.040

text:
(1) The director or his or her designated representatives may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this chapter, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he or she may deem necessary or appropriate to determine whether any person has violated any provision of this chapter, or which may aid in the enforcement of the provisions of this chapter.
(2) With the consent and cooperation of federal agencies charged with the administration of federal labor laws, the director may, for the purpose of carrying out his or her functions and duties under this chapter, utilize the services of federal agencies and their employees and, notwithstanding any other provision of law, may reimburse such federal agencies and their employees for services rendered for such purposes.
(3) Every employer subject to any provision of this chapter or of any order issued under this chapter shall make, keep, and preserve such records of the persons employed by him or her and of the wages, hours, and other conditions and practices of employment maintained by him or her, and shall preserve such records for such periods of time, and shall make reports therefrom to the director as he or she shall prescribe by regulation as necessary or appropriate for the enforcement of the provisions of this chapter or the regulations thereunder.
(4) The director is authorized to make such regulations regulating, restricting, or prohibiting industrial homework as are necessary or appropriate to prevent the circumvention or evasion of and to safeguard the minimum wage rate prescribed in this chapter, and all existing regulations of the director relating to industrial homework are hereby continued in full force and effect.
[ 2010 c 8 s 12041; 1959 c 294 s 4.]

catchline: Investigation—Services of federal agencies—Employer's records—Industrial homework.


title: RCW 49.46.060

text:
Subject to RCW 49.46.170, the director, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulations provide for (1) the employment of learners, of apprentices, and of messengers employed primarily in delivering letters and messages, under special certificates issued pursuant to regulations of the director, at such wages lower than the minimum wage applicable under RCW 49.46.020 and subject to such limitations as to time, number, proportion, and length of service as the director shall prescribe, and (2) the employment of individuals whose earning capacity is impaired by a disability, under special certificates issued by the director, at such wages lower than the minimum wage applicable under RCW 49.46.020 and for such period as shall be fixed in such certificates.
[ 2021 c 97 s 2; 1959 c 294 s 6.]

catchline: Exceptions for learners, apprentices, messengers, persons with disabilities.


title: RCW 49.46.065

text:
When an individual volunteers his or her labor to a state or local governmental body or agency and receives pursuant to a statute or policy or an ordinance or resolution adopted by or applicable to the state or local governmental body or agency reimbursement in lieu of compensation at a nominal rate for normally incurred expenses or receives a nominal amount of compensation per unit of voluntary service rendered such reimbursement or compensation shall not be deemed a salary for the rendering of services or for purposes of granting, affecting or adding to any qualification, entitlement or benefit rights under any state, local government or publicly supported retirement system other than that provided under chapter 41.24 RCW.
[ 1977 ex.s. c 69 s 2.]

catchline: Individual volunteering labor to state or local governmental agency—Amount reimbursed for expenses or received as nominal compensation not deemed salary for rendering services or affecting public retirement rights.


title: RCW 49.46.070

text:
(1) Every employer subject to any provision of this chapter or of any regulation issued under this chapter shall make, and keep in or about the premises wherein any employee is employed, a record of the name, address, and occupation of each of his or her employees, the rate of pay, and the amount paid each pay period to each such employee, the hours worked each day and each workweek by such employee, and such other information as the director shall prescribe by regulation as necessary or appropriate for the enforcement of the provisions of this chapter or of the regulations thereunder. Such records shall be open for inspection or transcription by the director or his or her authorized representative at any reasonable time. Every such employer shall furnish to the director or to his or her authorized representative on demand a sworn statement of such records and information upon forms prescribed or approved by the director.
(2) Notwithstanding any other provision of this chapter, the provisions of this section apply to individuals covered by *RCW 49.46.010(3)(q) with the exception of records related to the hours worked each day and each workweek by such employee or employees, the time of day and day of week each workweek begins, and any other similar information that the director shall prescribe by regulation as necessary or appropriate related to records of hours worked for such individuals.
[ 2024 c 132 s 2; 2010 c 8 s 12042; 1959 c 294 s 7.]
Notes:
*Reviser's note: RCW 49.46.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (3) to subsection (4).

catchline: Records of employer—Contents—Inspection—Sworn statement—Applicability.


title: RCW 49.46.080

text:
(1) As new regulations or changes or modification of previously established regulations are proposed, the director shall call a public hearing for the purpose of the consideration and establishment of such regulations following the procedures used in the promulgation of standards of safety under chapter 49.17 RCW.
(2) Any interested party may obtain a review of the director's findings and order in the superior court of county of petitioners' residence by filing in such court within sixty days after the date of publication of such regulation a written petition praying that the regulation be modified or set aside. A copy of such petition shall be served upon the director. The finding of facts, if supported by evidence, shall be conclusive upon the court. The court shall determine whether the regulation is in accordance with law. If the court determines that such regulation is not in accordance with law, it shall remand the case to the director with directions to modify or revoke such regulation. If application is made to the court for leave to adduce additional evidence by any aggrieved party, such party shall show to the satisfaction of the court that such additional evidence is material, and that there were reasonable grounds for the failure to adduce such evidence before the director. If the court finds that such evidence is material and that reasonable grounds exist for failure of the aggrieved party to adduce such evidence in prior proceedings, the court may remand the case to the director with directions that such additional evidence be taken before the director. The director may modify the findings and conclusions, in whole or in part, by reason of such additional evidence.
(3) The judgment and decree of the court shall be final except that it shall be subject to review by the supreme court or the court of appeals as in other civil cases.
(4) The proceedings under this section shall not, unless specifically ordered by the court, operate as a stay of an administrative regulation issued under the provisions of this chapter. The court shall not grant any stay of an administrative regulation unless the person complaining of such regulation shall file in the court an undertaking with a surety or sureties satisfactory to the court for the payment to the employees affected by the regulation, in the event such regulation is affirmed, of the amount by which the compensation such employees are entitled to receive under the regulation exceeds the compensation they actually receive while such stay is in effect.
[ 1983 c 3 s 157; 1971 c 81 s 117; 1959 c 294 s 8.]

catchline: New or modified regulations—Judicial review—Stay.


title: RCW 49.46.090

text:
(1) Any employer who pays any employee less than the amounts to which such employee is entitled under or by virtue of this chapter, shall be liable to such employee affected for the full amount due to such employee under this chapter, less any amount actually paid to such employee by the employer, and for costs and such reasonable attorney's fees as may be allowed by the court. Any agreement between such employee and the employer allowing the employee to receive less than what is due under this chapter shall be no defense to such action.
(2) At the written request of any employee paid less than the amounts to which he or she is entitled under or by virtue of this chapter, the director may take an assignment under this chapter or as provided in RCW 49.48.040 of such claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, and the employer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court.
[ 2017 c 2 s 7 (Initiative Measure No. 1433, approved November 8, 2016); 2010 c 8 s 12043; 1959 c 294 s 9.]
Notes:
Intent—Effective date—2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005.

catchline: Payment of amounts less than chapter requirements—Employer's liability—Assignment of claim.


title: RCW 49.46.100

text:
(1) Any employer who hinders or delays the director or his or her authorized representatives in the performance of his or her duties in the enforcement of this chapter, or refuses to admit the director or his or her authorized representatives to any place of employment, or fails to make, keep, and preserve any records as required under the provisions of this chapter, or falsifies any such record, or refuses to make any record accessible to the director or his or her authorized representatives upon demand, or refuses to furnish a sworn statement of such record or any other information required for the proper enforcement of this chapter to the director or his or her authorized representatives upon demand, or pays or agrees to pay an employee less than the employee is entitled to under this chapter, or otherwise violates any provision of this chapter or of any regulation issued under this chapter shall be deemed in violation of this chapter and shall, upon conviction therefor, be guilty of a gross misdemeanor.
(2) Any employer who discharges or in any other manner discriminates against any employee because such employee has made any complaint to his or her employer, to the director, or his or her authorized representatives that he or she has not been paid wages in accordance with the provisions of this chapter, or that the employer has violated any provision of this chapter, or because such employee has caused to be instituted or is about to cause to be instituted any proceeding under or related to this chapter, or because such employee has testified or is about to testify in any such proceeding shall be deemed in violation of this chapter and shall, upon conviction therefor, be guilty of a gross misdemeanor.
[ 2017 c 2 s 8 (Initiative Measure No. 1433, approved November 8, 2016); 2010 c 8 s 12044; 1959 c 294 s 10.]
Notes:
Intent—Effective date—2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005.

catchline: Prohibited acts of employer—Penalty.


title: RCW 49.46.110

text:
Nothing in this chapter shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum under the provisions of this chapter.
[ 1959 c 294 s 11.]

catchline: Collective bargaining not impaired.


title: RCW 49.46.120

text:
This chapter establishes minimum standards for wages, paid sick leave, and working conditions of all employees in this state, unless exempted herefrom, and is in addition to and supplementary to any other federal, state, or local law or ordinance, or any rule or regulation issued thereunder. Any standards relating to wages, hours, paid sick leave, or other working conditions established by any applicable federal, state, or local law or ordinance, or any rule or regulation issued thereunder, which are more favorable to employees than the minimum standards applicable under this chapter, or any rule or regulation issued hereunder, shall not be affected by this chapter and such other laws, or rules or regulations, shall be in full force and effect and may be enforced as provided by law.
[ 2017 c 2 s 9 (Initiative Measure No. 1433, approved November 8, 2016); 1961 ex.s. c 18 s 4; 1959 c 294 s 12.]
Notes:
Intent—Effective date—2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005.

catchline: Chapter establishes minimum standards and is supplementary to other laws—More favorable standards unaffected.