1402-S AMH SCHM MORI 150

SHB 1402 - H AMD 190

By Representative Schmidt

NOT ADOPTED 03/11/2025

On page 1, beginning on line 15, after "(3)" strike all material through "fees" on line 19 and insert "(a) The director must investigate complaints regarding compliance with this section and any related rules adopted under this chapter. The director may require the testimony of witnesses and production of documents as part of an investigation.

(b) If the director determines a violation occurred, 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 $5,000, 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.

(c) In addition to the citation and notice of assessment, the director may order payment to the department of a civil penalty.

(i) For a first violation, the civil penalty may not exceed $500.

(ii) For a repeat violation, the civil penalty may not exceed $1,000 or 10 percent of the damages, whichever is greater.

(d) If the investigation finds that the complainant's allegation cannot be substantiated, the department shall issue a closure letter to the complainant and the employer detailing such finding.

(4) 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.

(5) The department must deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.

(6) Any wages and interest owed must be calculated from four years from the last violation before the complaint.

(7) For purposes of this section, "director" means the director of the department of labor and industries, or the director's designated representative"

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