(1) An employee who alleges one or more unlawful acts under RCW 50A.40.010 have occurred may file a complaint with the department. The department may not investigate any alleged violation of RCW 50A.40.010 that occurred more than three years before the date the employee filed the complaint.

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Terms Used In Washington Code 50A.40.020

  • 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.
(2) Upon receipt of a complaint under subsection (1) of this section, the commissioner shall investigate to determine if a violation occurred and the amount of any liquidated damages, unless the employee terminates the complaint under *RCW 50A.40.035.
(3) Upon completing an investigation, the commissioner shall issue a determination, unless the complaint is otherwise resolved upon agreement by all parties and in compliance with *RCW 50A.40.035(6) or withdrawn under *RCW 50A.40.035(5). If the department determines a violation occurred, the department may order the employer to pay liquidated damages under RCW 50A.40.030.

NOTES:

*Reviser’s note: The reference to RCW 50A.40.035 appears to be erroneous. RCW 50A.40.040 was apparently intended.