(1) "Actual damages" means compensation including, but not limited to, wages, salary, or other employment benefit, denied or lost to an employee or applicant, and may include other monetary losses suffered, as a result of a violation.

(2) "Benefits" are perks provided by an employer to an employee in addition to the employee's normal wage or salary. Benefits may be mandated by law or optionally provided by employers. Benefits may include, but are not limited to, health care benefits, retirement benefits, any benefits permitting paid days off (including more generous paid sick leave accruals, family leave, and paid time off or vacation benefits), and any other benefit that must be reported for federal tax purposes, such as fringe benefits.

(3) "Compensation" means discretionary and nondiscretionary wages and benefits provided by an employer to an employee as a result of the employment relationship.

(4) "Conference and conciliation" means an effort to find a voluntary resolution to the violation found as a result of an investigation. If the department finds that damages are owed to the employee or applicant as a result of the violation, the department may mediate, or appoint a third party to act as mediator, between the employee or applicant and the employer to find a mutually agreeable resolution. If the department finds that a violation occurred but the employee or applicant is not owed damages, the department may negotiate directly with the employer to resolve the violation.

(5) "Department" means the department of labor and industries.

(6) "Director" means the director of the department of labor and industries, or the director's designated representative.

(7) "Effort" means the amount of physical or mental exertion needed to perform a job. "Effort" encompasses the requirements of a job as a whole, including any factors of the job that cause or mitigate mental fatigue and stress.

(8) "Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise. For the purposes of this chapter, the term "employee" does not include independent contractors or business partners but does include employees who are exempt under chapter 49.46 RCW.

(9) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.

(10) "Protected class" means a person's age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, as those terms are defined in RCW 49.60.040.

(11) "Responsibility" means the degree of discretion or accountability involved in performing the essential functions of a job, and includes factors such as the amount of supervision the employee receives, whether the employee supervises others, the degree to which the employee is involved in decision-making such as determining policy, procedure, purchases, investments, or other such activities.

(12) "Retaliation" means any adverse action taken or threatened by an employer against an employee for their exercise of their rights under chapter 49.58 RCW or this chapter, which may include, but is not limited to:

(a) Terminating, suspending, demoting, or denying a promotion;

(b) Reducing or changing the number of work hours for which the employee is scheduled;

(c) Altering the employee's preexisting work schedule;

(d) Reducing the employee's rate of pay;

(e) Threatening to take, or taking action, based upon the immigration status of an employee or an employee's family member; and

(f) Preventing future job opportunities whether for the employer ((of))or elsewhere.

(13) "Skill" means factors such as experience, training, education, and ability required to perform a job. Only skills necessary to perform a particular job are relevant in determining whether employees are similarly employed.

(14) "Working conditions" means the environmental factors and similar circumstances, such as physical surroundings and hazards, encountered by employees while performing a job.

(1) The employer must disclose in each posting for each job opening:

(a) The wage scale or salary range, ((and))except where the employer is offering only a fixed wage amount and a salary range does not exist for the opening, the employer must disclose the fixed wage amount rather than a scale or range; and

(b) A general description of all of the benefits and other compensation to be offered to the hired applicant. ((For the purposes of this section, "posting" means any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party, and includes any postings done electronically, or with a printed hard copy, that includes qualifications for desired applicants.))

(2) The wage scale or salary range must reflect the employer's most reasonable and genuinely expected range of compensation for the job at the time of posting. The wage or salary range must include a minimum and maximum dollar amount. ((An employer may also include a more specific hiring wage scale, salary range, or amount.))

(3) A general description of all benefits must provide the applicant with the employer's most reasonable and genuinely expected benefits offered for the specific available position. A "general description of all benefits" includes, but is not limited to, health care benefits, retirement benefits, any benefits permitting paid days off (including more generous paid sick leave accruals, parental leave, and paid time off or vacation benefits), and any other benefits that must be reported for federal tax purposes, such as fringe benefits.

(4) ((Upon request of an employee offered an internal transfer to a new position or promotion, the employer must provide the wage scale or salary range for the employee's new position.

(5) This section only applies to employers with 15 or more employees. For the purposes of this section, the employer's size is based on the number of employees employed at the time the job opening is posted and includes employees who do not have a physical presence in Washington))For the purpose of this section, "applicant" is any person who applies to a job posting intended to recruit job applicants for a specific available position.

(5) For the purpose of this section, "posting" means any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party, and includes any postings done electronically, or with a printed hard copy, that includes qualifications for desired applicants. "Posting" does not include a solicitation for recruiting job applicants that is digitally replicated and published without an employer's consent.

(6) ((A job applicant or an employee is entitled to the remedies in RCW 49.58.060 and 49.58.070 and associated rules for violations of this section. Recovery of any wages and interest must be calculated from the first date wages were owed to the employee.))Upon request of an employee offered an internal transfer to a new position or promotion, the employer must provide the wage scale or salary range for the employee's new position, except where the employer is offering only a fixed wage amount and a salary range does not exist for the new position or promotion, the employer must disclose the fixed wage amount rather than a scale or range.

(1) Unless driving is one of the essential job functions or is related to a legitimate business purpose for a position, it is unlawful for an employer to:

(a) Require a valid driver's license as a condition of employment; or

(b) Include a statement in a posting for a job opening for the position that an applicant must have a valid driver's license.

(2) For the purpose of this section, "essential job functions" mean the core, fundamental tasks and duties that an employee must be able to perform to meet the requirements of their position. Factors that may determine whether a job function is essential include, but are not limited to:

(a) The extent that the function is a primary reason for which the position was established;

(b) Whether removing the function fundamentally changes the position or eliminates the need for the position;

(c) Whether transferring the function is not possible due to lack of available employees; or

(d) The extent to which severe consequences may occur if the position is not required to perform the function.

(3) For the purpose of this section, a legitimate business purpose is a valid reason in furtherance of the employer's operations and consistent with business necessity.

(4) For the purpose of this section, "posting" means any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party, and includes any postings done electronically, or with a printed hard copy, that includes qualifications for desired applicants. "Posting" does not include a solicitation for recruiting job applicants that is digitally replicated and published without an employer's consent.

A violation of this chapter occurs when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation decision or other practice, ((or)) when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice, or any other violation of chapter 49.58 RCW or associated rules.

(1)(a) If, following an investigation, the director determines that a violation of WAC 296-123-020, 296-123-030, 296-123-040, 296-123-050, or 296-123-070 has occurred, the director shall attempt to resolve the violation by conference and conciliation.

(b) If no agreement is reached to resolve ((the))a violation under (a) of this subsection, or if the director finds a violation of WAC 296-123-065, the director may issue a citation and notice of assessment and order:

(i) The employer to pay to the complainant actual damages;

(ii) The employer to pay to the complainant statutory damages equal to the actual damages or $5,000, whichever is greater;

(iii) Interest of one percent per month on all compensation owed until the balance is paid in full;

(iv) Payment to the department of the costs of investigation and enforcement; and

(v) Any other appropriate relief including, but not limited to:

(A) Ordering an employer to correct, revise, or update a policy or practice.

(B) Order the employer to restore the employee to the position of employment held by the employee when the retaliation occurred, or restore the employee to an equivalent position with equivalent employment hours, work schedule, benefits, pay, and other terms and conditions of employment for violations of WAC 296-123-070.

(2) ((For the purpose of department enforcement under RCW 49.58.060 and associated rules, a job applicant or employee must demonstrate that compensation or any other damages have been denied or lost by reason of a violation of WAC 296-123-060 to be entitled to damages under RCW 49.58.060 and this section. This does not diminish the right of a job applicant or employee to pursue remedies under RCW 49.58.070. Filing a civil action under RCW 49.58.070 shall terminate the director's processing of the complaint under RCW 49.58.060 and associated rules))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.

(3) Any wages and interest owed must be calculated from the last violation before the complaint, up to a period of four years.

(4) ((In accordance with RCW 49.58.060,))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, 49.58.030, 49.58.040, 49.58.050, 49.58.100, 49.58.110, and associated rules,)) the violation as to each affected employee or applicant constitutes a separate violation.

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

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

(5) ((For enforcement actions under this section, if any person fails to pay an assessment under this chapter, or under any rule under this chapter, after it has become a final and binding order, or after the court has entered final judgment in favor of the agency, the director may initiate collection procedures in accordance with the collection procedures under RCW 49.48.086.

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

(1) If, following an investigation, the director determines that a violation of WAC 296-123-060 occurred, the director shall attempt to resolve the violation by conference and conciliation.

(2) If no agreement is reached to resolve the violation, the director may issue a citation and notice of assessment and may order the employer to pay to each affected job applicant or employee statutory damages of no less than $100 and no more than $5,000 per violation. If ordering statutory damages, the department shall consider the following when determining the amount of those damages:

(a) Whether the violation was committed willfully or the violation is a repeat violation;

(b) The size of the employer;

(c) The amount necessary to deter future noncompliance;

(d) The purposes of chapter 49.58 RCW; and

(e) Any other factor deemed appropriate by the department.

(3) In addition to statutory damages, the director may:

(a) Order payment of the department's costs of investigation and enforcement to the department;

(b) Assess a civil penalty of up to $500 for a first violation or up to $1,000 for a repeat violation; and

(c) Order actual damages, reinstatement, injunctive relief, or other appropriate relief for an employee injured by a violation of WAC 296-123-060(6).

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

An appeal from the ((director's determination received))department's determination may be taken within 30 days ((may be taken))of service in accordance with chapter 34.05 RCW. An applicant or employee who prevails is entitled to costs and reasonable attorneys' fees from the employer.

For enforcement actions under chapter 49.58 RCW or associated rules, if any person fails to pay an assessment after it has become a final and binding order, or after the court has entered final judgment in favor of the agency, the director may initiate collection procedures in accordance with the collection procedures under RCW 49.48.086.