IMMIGRATION STATUS COERCION

(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. This includes, but is not limited to, threatening an employee to discourage them from exercising protected workplace rights.

(2) "Director" means the director of labor and industries or the director's authorized representative.

(3) "Employee" has the meaning provided in:

(a) RCW 49.46.010 for purposes of a wage payment requirement set forth in RCW 49.46.020 or 49.46.130;

(b) RCW 49.12.005 for purposes of a wage payment requirement set forth in RCW 49.48.010, 49.52.050, or 49.52.060; and

(c) RCW 49.30.010 for purposes of agricultural labor.

(d) For the purposes of this chapter, "worker" has the same meaning as "employee."

(4) "Employer" has the meaning provided in RCW 49.46.010 for purposes of a wage payment requirement set forth in RCW 49.46.020, 49.46.130, 49.48.010, 49.52.050, or 49.52.060, or RCW 49.30.010 for purposes of agricultural labor.

(5) "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 chapter 49.46, 49.12, 49.30, or 49.48 RCW, or any rules issued by the department of labor and industries pursuant to those chapters. This includes, but is not limited to, cases where an employee experiences a reasonable amount of fear based on an action by the employer.

Any employer that coerces an employee in furtherance of the employer committing a violation of chapter 49.46, 49.48, 49.12, or 49.30 RCW, or any rules issued by the department, is subject to a civil penalty under this chapter in addition to any other penalty that may be imposed by the department against an employer for those violations. If an employee or employee's family member experiences coercion from any employer because of perceived or actual immigration status, the employee may also be entitled to the remedies in chapter 49.46 RCW and associated rules. The actual immigration status of the employee is not relevant to the enforcement of this chapter.

(1) An employee who believes they were subject to coercion based on immigration status by their employer, related to any employee right under chapter 49.46, 49.48, 49.12, or 49.30 RCW, or any associated rules, may file a complaint with the department within 180 days of the alleged act of coercion. The department may, at its discretion, extend the 180-day period.

(2) If an employee files a timely complaint with the department alleging coercion, the department will investigate the complaint and issue either a notice of citation assessing a civil penalty or a closure letter within 90 days after the date on which the department received the complaint, unless the complaint is otherwise resolved. The department may extend the time period by providing advance written notice to the employee and the employer setting forth good cause for an extension of the time period and specifying the duration of the extension.

(3) If the department's investigation finds that the employee's allegation cannot be substantiated, and the complaint is not otherwise resolved, the department must issue a closure letter to the employee and the employer detailing such finding.

(4) If the department's investigation finds that the employer violated RCW 49.46.370 or any associated rules, and the complaint is not otherwise resolved, the department may, at its discretion, notify the employer that the department intends to issue a citation.

(5) The department will send the citation or closure letter to both the employer and employee by service of process or using a method by which the mailing can be tracked or the delivery can be confirmed to their last known addresses.

(6) During an investigation of the employee's coercion complaint, if the department discovers information suggesting alleged violations by the employer of the employee's other rights under Title 49 RCW including, but not limited to, chapter 49.46, 49.48, 49.12, or 49.30 RCW and all applicable rules, the department may investigate and take appropriate enforcement action without requiring the employee to file a new or separate complaint. If the department determines that the employer violated additional rights of the employee, the employer may be subject to additional enforcement actions for the violation of such rights. If the department discovers information alleging the employer committed coercion against or otherwise violated rights of other employees, the department may launch further investigation without requiring additional complaints to be filed.

(7) The department may prioritize coercion investigations as needed to allow for timely resolution of complaints.

(8) Nothing in this chapter impedes the department's ability to investigate under the authority prescribed in chapter 49.46 or 49.12 RCW, RCW 49.48.040, and all applicable rules.

(9) Nothing in this chapter precludes an employee's right to pursue private legal action.

(1) If the department's investigation finds that an employer violated RCW 49.46.370, or any applicable rules, the department must order the employer to pay the department a civil penalty. A civil penalty for each act of coercion committed by the employer will be applied in accordance with RCW 49.46.370 and as published by the department.

(2) Each act of coercion against each affected employee constitutes a separate violation of RCW 49.46.370.

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

(4) Collections of amounts owed for unpaid citations assessing civil penalties under RCW 49.46.370, and associated rules, will be handled pursuant to the procedures outlined in RCW 49.48.086.

(5) Nothing in this section precludes the department's ability to seek remedies and penalties for other violations under Title 49 RCW including, but not limited to, chapter 49.46, 49.48, 49.12, or 49.30 RCW, or associated rules.