Washington Code 49.58.060 – Complaint by employee — Investigation by director — Resolving the violation — Penalties
Current as of: 2023 | Check for updates
|
Other versions
(1) Upon complaint by an employee, the director must investigate to determine if there has been compliance with RCW 49.58.020, 49.58.040, and 49.58.050, and the rules adopted under this chapter. The director, upon complaint, may also initiate an investigation on behalf of one or more employees for a violation of RCW 49.58.020, 49.58.040, and 49.58.050, and the rules adopted under this chapter. The director may require the testimony of witnesses and production of documents as part of an investigation.
Terms Used In Washington Code 49.58.060
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) If the director determines that a violation occurred, the director shall attempt to resolve the violation by conference and conciliation.
(a) If no agreement is reached to resolve the violation, the director may issue a citation and notice of assessment and order the employer to pay to the complainant actual damages; statutory damages equal to the actual damages or five thousand dollars, whichever is greater; interest of one percent per month on all compensation owed; payment to the department of the costs of investigation and enforcement; and any other appropriate relief.
(b) In addition to the citation and notice of assessment, the director may order payment to the department of a civil penalty. For purposes of a civil penalty for violation of RCW 49.58.020 and 49.58.050, the violation as to each affected employee constitutes a separate violation.
(i) For a first violation, the civil penalty may not exceed five hundred dollars.
(ii) For a repeat violation, the civil penalty may not exceed one thousand dollars or ten percent of the damages, whichever is greater.
(3) An appeal from the director’s determination may be taken in accordance with chapter 34.05 RCW. An employee who prevails is entitled to costs and reasonable attorneys’ fees.
(4) The department must deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.
(5) Any wages and interest owed must be calculated from four years from the last violation before the complaint.
[ 2018 c 116 § 7.]