Title 49, LABOR REGULATIONS

It shall be the responsibility of the director to investigate the wages, hours and conditions of employment of all employees, including minors, except as may otherwise be provided in chapter 16, Laws of 1973 2nd ex. sess. The director, or the director's authorized representative,…

(1) Every employer shall keep a record of the names of all employees employed by him or her, and shall on request permit the director to inspect such record. (2) Rules adopted under this chapter regarding records of hours worked do not apply to employees who have entered into a c…

After an investigation has been conducted by the department of wages, hours and conditions of labor subject to chapter 16, Laws of 1973 2nd ex. sess., the director shall be furnished with all information relative to such investigation of wages, hours and working conditions, inclu…

Whenever wages, standards, conditions and hours of labor have been established by rule and regulation of the director, the director may upon application of either employers or employees conduct a public hearing for the purpose of the adoption, amendment or repeal of rules and reg…

An employer may apply to the director for an order for a variance from any rule or regulation establishing a standard for wages, hours, or conditions of labor adopted by the director under this chapter. The director shall issue an order granting a variance if the director determi…

Subject to RCW 49.46.170, for any occupation in which a minimum wage has been established, the director may issue to an employer, a special certificate or permit for an employee with a disability to such a degree that the employee is unable to obtain employment in the competitive…

(1) The department may at any time inquire into wages, hours, and conditions of labor of minors employed in any trade, business, or occupation in the state of Washington and may adopt special rules for the protection of the safety, health, and welfare of minor employees. However,…

In implementing state policy to assure the attendance of children in the public schools it shall be required of any person, firm or corporation employing any minor under the age of eighteen years to obtain a work permit as set forth in RCW 49.12.121 and keep such permit on file d…

For all minors employed as actors or performers in film, video, audio, or theatrical productions, the department shall issue a permit under RCW 49.12.121 and a variance under RCW 49.12.105 upon finding that the terms of the employment sufficiently protect the minor's health, safe…

Any employer who discharges, or in any other manner discriminates against any employee because such employee has testified or is about to testify, or because such employer believes that said employee may testify in any investigation or proceedings relative to the enforcement of R…

Any worker or the parent or guardian of any minor to whom RCW 49.12.010 through 49.12.180 applies may complain to the director that the wages paid to the workers are less than the minimum rate and the director shall investigate the same and proceed under RCW 49.12.010 through 49.…

(1)(a) If a complainant files a complaint with the department of labor and industries alleging a violation of RCW 49.28.140, the department shall investigate the complaint. (b) The department may not investigate any such alleged violation of rights that occurred more than three y…

(1) A person, firm, or corporation aggrieved by a citation and notice of assessment or a determination of compliance by the department of labor and industries under RCW 49.12.145 may appeal the citation and notice of assessment to the director of the department by filing a notice…

Collections of unpaid citations assessing civil penalties under RCW 49.28.150, 49.12.145, and 49.12.147 will be pursuant to RCW 49.48.086. [ 2023 c 114 s 14.] Notes: Effective date—2023 c 114: See note following RCW 70.41.410.

If any employee shall receive less than the legal minimum wage, except as hereinbefore provided in RCW 49.12.110, said employee shall be entitled to recover in a civil action the full amount of the legal minimum wage as herein provided for, together with costs and attorney's fees…

Except as otherwise provided in RCW 49.12.390 or 49.12.410, any employer employing any person for whom a minimum wage or standards, conditions, and hours of labor have been specified, at less than said minimum wage, or under standards, or conditions of labor or at hours of labor …

The director shall report annually to the governor on its investigations and proceedings. [ 1994 c 164 s 22; 1977 c 75 s 73; 1913 c 174 s 20; RRS s 7640.]

Chapter 16, Laws of 1973 2nd ex. sess. shall not apply to newspaper vendors or carriers and domestic or casual labor in or about private residences and agricultural labor as defined in RCW 50.04.150, as now or hereafter amended. [ 1973 2nd ex.s. c 16 s 17.]

(1) This chapter shall not be construed 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 concerning wages or standards or conditions of employment. However, rules ad…

That hereafter in this state every avenue of employment shall be open to women; and any business, vocation, profession and calling followed and pursued by men may be followed and pursued by women, and no person shall be disqualified from engaging in or pursuing any business, voca…

(1) Every employer shall, at least annually, upon the request of an employee, permit that employee to inspect any or all of the employee's own personnel file(s) within the time required under RCW 49.12.250. (2) For the purposes of this section and RCW 49.12.250, 49.12.260, and 49…

(1) For any employer other than those specified under subsection (2) of this section: (a) The employer shall provide a copy of personnel file(s) within 21 calendar days after the employee, former employee, or their designee requests the file(s) at no cost to the employee, former …

RCW 49.12.240 and 49.12.250 do not apply to the records of an employee relating to the investigation of a possible criminal offense. RCW 49.12.240 and 49.12.250 do not apply to information or records compiled in preparation for an impending lawsuit which would not be available to…

(1)(a) An employee or former employee may enforce RCW 49.12.250(1) through a private cause of action in superior court and for each violation will be entitled to equitable relief, statutory damages, and reasonable attorneys' fees and costs. (b) Prior to enforcing through a privat…

The definitions in this section apply throughout RCW 49.12.270 through 49.12.295 unless the context clearly requires otherwise. (1) "Child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is: (a) Under …

(1) If, under the terms of a collective bargaining agreement or employer policy applicable to an employee, the employee is entitled to sick leave or other paid time off, then an employer shall allow an employee to use any or all of the employee's choice of sick leave or other pai…

The department shall develop and furnish to each employer a poster which describes an employer's obligations and an employee's rights under RCW 49.12.270 through 49.12.295. The poster must include notice about any state law, rule, or regulation governing maternity disability leav…

The department shall administer and investigate violations of RCW 49.12.270 and 49.12.275. [ 1988 c 236 s 4.] Notes: Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.

The department may issue a notice of infraction if the department reasonably believes that an employer has failed to comply with RCW 49.12.270 or 49.12.275. The form of the notice of infraction shall be adopted by rule pursuant to chapter 34.05 RCW. An employer who is found to ha…

An employer shall not discharge, threaten to discharge, demote, suspend, discipline, or otherwise discriminate against an employee because the employee: (1) Has exercised, or attempted to exercise, any right provided under RCW 49.12.270 through 49.12.295; or (2) has filed a compl…

Nothing in RCW 49.12.270 through 49.12.295 shall be construed to reduce any provision in a collective bargaining agreement. [ 1988 c 236 s 6.] Notes: Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.

The department shall notify all employers of the provisions of RCW 49.12.270 through 49.12.290. [ 1988 c 236 s 7.] Notes: Legislative findings—Effective date—Implementation—Severability—1988 c 236: See notes following RCW 49.12.270.

(1) No person under sixteen years of age may be employed in house-to-house sales unless the department grants a variance permitting specific employment under criteria adopted by department rule. (2) No person sixteen or seventeen years of age may be employed in house-to-house sal…

(1) Any person advertising to employ a person in house-to-house sales with an advertisement specifically prescribing a minimum age requirement that is under the age of twenty-one shall: (a) Register with the department as provided in RCW 49.12.300(2)(a); and (b) Include the follo…

For the purposes of RCW 49.12.300 and 49.12.310: (1) "Employ" includes to engage, suffer, or permit to work, but does not include voluntary or donated services performed for no compensation, or without expectation or contemplation of compensation as the adequate consideration for…

The department shall adopt rules to implement RCW 49.12.300 through 49.12.320. [ 1989 c 216 s 4.]

The legislature finds that employers often distinguish between biological parents, and adoptive parents and stepparents in their employee leave policies. Many employers who grant leave to their employees to care for a newborn child either have no policy or establish a more restri…

(1) An employer must grant an adoptive parent or a stepparent, at the time of birth or initial placement for adoption of a child under the age of six, the same leave under the same terms as the employer grants to biological parents. As a term of leave, an employer may restrict le…

In the case of employees covered by an unexpired collective bargaining agreement that expires on or after September 1, 1989, or by an employee benefit program or plan with a stated year ending on or after September 1, 1989, the effective date of RCW 49.12.360 shall be the later o…

Upon adoption of the rules under *section 1 of this act, the department of labor and industries shall implement a comprehensive program to inform employers of the rules adopted. The program shall include mailings, public service announcements, seminars, and any other means deemed…

(1)(a) If the director, or the director's designee, finds that an employer has violated any of the requirements of RCW 49.12.121 or 49.12.123, or a rule or order adopted or variance granted under RCW 49.12.121 or 49.12.123, a citation and notice of assessment stating the violatio…

A person, firm, or corporation aggrieved by an action taken or decision made by the department under RCW 49.12.390 may appeal the action or decision to the director by filing notice of the appeal with the director within thirty days of the department's action or decision. A notic…

(1) An employer who knowingly or recklessly violates the requirements of RCW 49.12.121, 49.12.123, or 49.30.060, or a rule or order adopted under RCW 49.12.121, 49.12.123, or 49.30.060, is guilty of a gross misdemeanor. (2) An employer whose practices in violation of the requirem…

The penalties established in RCW 49.12.390 and 49.12.410 for violations of RCW 49.12.121 and 49.12.123 are exclusive remedies. [ 1991 c 303 s 7.]

The department may not prohibit a minor from participating in an occupation based on the risk of exposure to bodily fluids or transmission of infectious agents if the minor has a valid professional license or certification issued by the department of health under Title 18 RCW and…

(1) Notwithstanding the provisions of chapter 49.46 RCW or other provisions of this chapter, the obligation of an employer to furnish or compensate an employee for apparel required during work hours shall be determined only under this section. (2) Employers are not required to fu…