wa-26-21-074: Labor and Industries, Department of — WSR 26-21-074

WSR 26-21-074 (26-21)WSR 26-21-074PROPOSED RULESDEPARTMENT OFLABOR AND INDUSTRIES[Order 26-06—Filed October 20, 2026, 9:18 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-10-062.Title of Rule and Other Identifying Information: New chapter 296-138 WAC, Labor standards for domestic workers.Hearing Location(s): On December 1, 2026, at 1:00 p.m., at the Department of Labor and Industries (L&I), 12806 Gateway Drive South, Tukwila, WA 98168; and On December 2, 2026, at 1:00 p.m., virtual/telephonic hearing via Teams at https://teams.microsoft.com/meet/286915508723358?p=9g2HMnI2aMsnc08rCt, Meeting ID 286 915 508 723 358, Passcode Bp7pu3qq; or join by phone (audio only) 564-999-2000 or 833-322-1218, Passcode 212 881 832#. Prehearing overviews will begin at 1:00 p.m. and the public hearings will start shortly afterwards. The hearings will continue until all oral comments are received. Date of Intended Adoption: April 20, 2027.Submit Written Comments to: Bridget Osborne, L&I, Division of Labor Standards, Employment Standards, P.O. Box 44510, Olympia, WA 98504-4510, email DomesticWorkers@Lni.wa.gov, fax 360-902-5300, beginning October 21, 2026, at 8:00 a.m., by December 4, 2026, at 5:00 p.m.Assistance for Persons with Disabilities: Contact Bridget Osborne, phone 360-902-5552, fax 360-902-5300, email DomesticWorkers@Lni.wa.gov, by November 20, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to implement SHB 2355, which creates new protections for domestic workers and new compliance requirements for entities that hire domestic workers.A domestic worker is any person who receives payment from a hiring entity for work or services, lasting four or more hours in any month, as a nanny, child care provider, home care worker, personal care provider, housekeeper or cleaner, cook, gardener, or household manager.A hiring entity is any person, group of persons, partnership, association, corporation, business trust, employer as defined in RCW 49.46.010, or any combination thereof, that provides payment to a domestic worker for the domestic worker's work or services.SHB 2355 adds a new chapter to Title 49 RCW and amends RCW 49.46.010. These additions and amendments create labor protections for domestic workers and provide L&I authority to enforce the requirements. To implement the requirements of the bill, L&I is proposing a new chapter in Title 296 WAC. The proposed rules clarify terms used in SHB 2355 and related administrative requirements, provide additional remedies to domestic workers for violations of SHB 2355, section 5, and allow L&I to utilize supplemental investigation authority.SHB 2355 takes effect on July 1, 2027.Reasons Supporting Proposal: Rules are needed to clarify and enforce the labor standards requirements established under SHB 2355. Statutory Authority for Adoption: Title 49 RCW, Labor regulations, and RCW 49.96.120.Statute Being Implemented: Chapters 49.46 (minimum wages) and 49.96 RCW. Rule is not necessitated by federal law, federal or state court decision.Name of Proponent: L&I, governmental.Name of Agency Personnel Responsible for Drafting: Bridget Osborne, Tumwater, Washington, 360-902-5552; Implementation and Enforcement: Bryan Templeton, Tumwater, Washington, 360-902-5310.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Bridget Osborne, L&I, Division of Labor Standards, Employment Standards, P.O. Box 44510, Olympia, WA 98504-4510, phone 360-902-5552, fax 360-902-5300, email DomesticWorkers@Lni.wa.gov.This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.Explanation of exemptions: The proposed rules are exempt from a small business economic impact statement requirement under RCW 34.05.310 (4)(c) and (d) because they adopt or incorporate by reference without material change Washington state statute, and clarify language without changing its effect. Scope of exemption for rule proposal:Is partially exempt:Explanation of partial exemptions: Proposed WAC sections and titlesThis proposed rule section is not exempt. Analysis is requiredRCW that supports the exemptionWAC 296-138-010 (1), (3), (4), (5), (6), and (8)Definitions☐RCW 34.05.310 (4)(c): The proposed rule language adopts or incorporates Washington state statutes or rules without material change.WAC 296-138-010 (2), (7), (9), (10), (11), and (12)Definitions☐RCW 34.05.310 (4)(d): The proposed rule language clarifies terms used throughout the rule language without changing the effect of the rule.The proposed rule language clarifies and provides L&I's interpretation of statutory provisions it administers, the violation of which does not subject a person to a penalty or sanction (RCW 34.05.328 (5)(c)(ii)).WAC 296-138-020Compensation requirements☐RCW 34.05.310 (4)(c): The proposed rule language adopts or incorporates Washington state statutes or rules without material change.WAC 296-138-030(1)Written agreement, disclosure of rights, and termination notices☐RCW 34.05.310 (4)(c): The proposed rule language adopts and incorporates by reference Washington state statutes or rules without material change.WAC 296-138-030 (2)(a)Written agreements☐RCW 34.05.310 (4)(c): The proposed rule language adopts or incorporates Washington state statutes or rules without material change.WAC 296-138-030 (2)(b)Written agreementsX WAC 296-138-030(3)Disclosure of rights☐RCW 34.05.310 (4)(c): The proposed rule language adopts or incorporates Washington state statutes or rules without material change.RCW 34.05.310 (4)(d): The proposed rule language also clarifies terms used throughout the rule language without changing the effect of the rule.WAC 296-138-030 (4)(a)Termination noticeX WAC 296-138-030 (4)(b)Termination notice☐RCW 34.05.310 (4)(c): The proposed rule language adopts or incorporates Washington state statutes or rules without material change.WAC 296-138-030(5)RecordkeepingX WAC 296-138-040Severance pay for termination notice violations☐RCW 34.05.310 (4)(c): The proposed rule language adopts or incorporates by reference Washington state statutes or rules without material change.WAC 296-138-050Working environment requirements☐RCW 34.05.310 (4)(c): The proposed rule language adopts or incorporates Washington state statutes or rules without material change.WAC 296-138-060Retaliation☐RCW 34.05.310 (4)(c): The proposed rule language adopts or incorporates Washington state statutes or rules without material change.WAC 296-138-070Retaliation enforcement☐RCW 34.05.310 (4)(c): The proposed rule language adopts or incorporates Washington state statutes or rules without material change.WAC 296-138-080Compensation enforcement☐RCW 34.05.310 (4)(c): The proposed rule language adopts or incorporates by reference Washington state statutes or rules without material change.The proposed rule language clarifies and provides L&I's interpretation of severance pay as compensation owed to a domestic worker, the violation of which does not subject a person to a penalty or sanction (RCW 34.05.328 (5)(c)(ii)).WAC 296-138-090Administrative and working environment requirements enforcement☐RCW 34.05.310 (4)(c): The proposed rule language adopts or incorporates by reference Washington state statutes or rules without material change.WAC 296-138-100Working environment supplemental enforcementX WAC 296-138-110 (1), (3), (4)Supplemental investigation authorityX WAC 296-138-110(2)Supplemental investigation authority☐The proposed rule language sets forth L&I's interpretation of statutory provisions it administers, the violation of which does not subject a person to a penalty or sanction (RCW 34.05.328 (5)(c)(ii)).WAC 296-138-120Appeals☐RCW 34.05.310 (4)(c): The proposed rule language adopts and incorporates by reference Washington state statutes or rules without material change.WAC 296-138-130Collection procedures☐RCW 34.05.310 (4)(c): The proposed rule language adopts and incorporates by reference Washington state statutes or rules without material change.WAC 296-138-140Severability clause☐The proposed rule language sets forth L&I's interpretation of statutory provisions it administers, the violation of which does not subject a person to a penalty or sanction (RCW 34.05.328 (5)(c)(ii)).WAC 296-138-150More favorable standards☐​RCW 34.05.310 (4)(c): The proposed rule language adopts or incorporates Washington state statutes or rules without material change.The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The portions of the proposed rule not exempt under RCW 34.05.310 (4)(c) and (d) impose no costs on industries or employers as outlined above.October 20, 2026Joel SacksDirectorRDS-7473.3Chapter 296-138 WACLABOR STANDARDS FOR DOMESTIC WORKERSNEW SECTIONWAC 296-138-010Definitions.For the purposes of chapter 49.96 RCW and this chapter:(1) "Casual labor" means work that is irregular, uncertain, and incidental in nature and duration, and is different in nature from the type of paid work in which the worker is customarily engaged in.(2) "Cook" means any person who prepares food for eating for an individual or household in or about a private residence. A "cook" also means individuals who are referred to as private chefs.(3) "Department" means the department of labor and industries.(4) "Director" means the director of the department.(5)(a) "Domestic worker" includes any person who:(i) Is an hourly employee, salaried employee, or independent contractor;(ii) Receives payment from a hiring entity for the work or services described in (a)(iii) of this subsection for four or more hours in any month; and(iii) Works or provides services in or about one or more private residences as a nanny, child care provider, home care worker, personal care provider, housekeeper or cleaner, cook, gardener, or household manager.(b) "Domestic worker" does not include:(i) A person performing casual labor in or about a private residence, unless the work is performed in the course of the hiring entity's trade, business, or profession;(ii) A person performing babysitting on an irregular and uncertain basis that is incidental in nature and duration;(iii) A person performing pet sitting, dog walking, or house sitting who is not also performing the work described in (a)(iii) of this subsection;(iv) An individual provider, as defined in RCW 74.39A.240, or any provider employed by a home care agency as defined in RCW 70.127.010 if the home care agency receives funds through chapter 74.39A RCW; or(v) A person in a family relationship with, or who is a family member of, the hiring entity.(6) "Family member" and "family relationship" must be liberally construed to include, but not be limited to, a parent, child, sibling, aunt, uncle, cousin, grandparent, grandchild, grandniece, or grandnephew, or such relatives when related by marriage.(7) "Gardener" means any person who provides care or maintenance services for the garden, yard, or grounds in or about a private residence, for an individual or household.(8)(a) "Hiring entity" means any person, group of persons, partnership, association, corporation, business trust, employer as defined in RCW 49.46.010, or any combination thereof, that provides payment to a domestic worker for the domestic worker's work or services.(b) "Hiring entity" does not include state agencies or home care agencies as defined in RCW 70.127.010 if the home care agency receives funds through chapter 74.39A RCW.(9) "Housekeeper" or "cleaner" means someone who provides cleaning services for an individual or household in or about a private residence.(10) "Nanny" means any person who provides care or protection, during any part of the 24-hour day, to infants and children under the age of 18 in or about a private residence.(11) "Private residence" means a separate and distinct dwelling or home occupied by an individual or household. An apartment, house, condominium, or temporary dwelling may constitute a private residence. Temporary dwellings include, but are not limited to, hotels, vacation homes, and short-term rentals. Work outside the private residence related to the domestic worker's duties may constitute "in or about" in situations including, but not limited to, taking a child to a playground, running errands, picking up groceries, or driving a client to a doctor's appointment.(12)(a) "Provide(s) payment to" means the direct transaction of payment, or payment through a third-party administrator, to a domestic worker for their work or services. If a domestic worker receives payment directly from more than one hiring entity for the same work or services, all joint hiring entities are responsible, both individually and jointly, for compliance with all applicable provisions of chapter 49.96 RCW and associated rules. When an individual or household purchases domestic services from a separate hiring entity that solely provides payment directly to the domestic worker(s), the separate hiring entity is solely liable for violations unless the individual or household interferes with rights established for the domestic worker(s). If an individual or household interferes with rights established for the domestic worker(s), the individual or household may be responsible, both individually and jointly, for compliance with all applicable provisions of chapter 49.96 RCW and associated rules.(b) "Provide(s) payment to" does not include the transaction of a tip or gratuity to a domestic worker for their work or services.NEW SECTIONWAC 296-138-020Compensation requirements.(1) A hiring entity shall provide payment to the domestic worker compensation at a rate that is equal to or greater than the minimum hourly rate established by the department under RCW 49.46.020.(2) A hiring entity shall pay the domestic worker overtime compensation at a rate of not less than one and one-half times the worker's regular rate of pay for hours worked in excess of 40 hours in a workweek.(3)(a) A hiring entity may not:(i) Collect or receive from a domestic worker a rebate of any part of the compensation paid by the hiring entity to the domestic worker; or(ii) Willfully, with intent to deprive the domestic worker of any part of the domestic worker's compensation, pay a domestic worker a lower rate of compensation than what the hiring entity is obligated to pay the domestic worker by agreement or contract.(b) This subsection does not make it unlawful for a hiring entity to withhold or divert any portion of a domestic worker's compensation when required or empowered to do so by state or federal law or when a deduction has been expressly authorized in writing in advance by the domestic worker for a lawful purpose accruing to the benefit of such domestic worker. Any withholdings must be documented in writing by the hiring entity.(4) This section must be enforced as a wage payment requirement under chapter 49.48 RCW and WAC 296-138-080.(5) Additional compensation requirements apply for employees under chapters 49.46, 49.48, and 49.52 RCW, and applicable rules.NEW SECTIONWAC 296-138-030Administrative requirements—Written agreements, disclosures of rights, termination notices, and recordkeeping.(1) A hiring entity shall provide the domestic worker with a written agreement, disclosure of rights, and termination notices as specified in RCW 49.96.030, 49.96.040, and associated rules.(2) Written agreements.(a) A hiring entity shall specify the terms for a domestic worker's position or services and the domestic worker's rate of pay in a written agreement available in a language or languages understood by the hiring entity and the domestic worker. If applicable for the position or services or if otherwise provided by the hiring entity, the written agreement must also include work schedules, rate of pay for additional duties, payroll deductions, transportation costs and benefits, severance benefits, health insurance coverage and costs, any applicable fees and costs for the domestic worker associated with expectations for the work, and any sick, vacation, personal, and holiday leave benefits.(b) A written agreement must be signed or otherwise agreed to by all parties, dated, and provided to the domestic worker before the domestic worker begins work or services. A hiring entity must issue a new written agreement, signed or otherwise agreed to by all parties, in advance of the effective date of any new or changed terms to the written agreement.(3) Disclosure of rights. The hiring entity shall provide the domestic worker with a disclosure statement that provides a description of the rights specified in chapter 49.96 RCW and associated rules. The hiring entity may meet its obligation to provide a disclosure statement by providing the department's model disclosure of rights.(4) Termination notices.(a) Except as provided in (b) of this subsection, the hiring entity shall provide a minimum two-week written notification period before termination of the domestic worker's position or services. For a live-in domestic worker, the hiring entity shall provide a minimum four-week written notification period before termination of the domestic worker's position or services. The written notice must include the notification date, effective date of termination and, if applicable, the reason for termination.(b) The notification requirements in (a) of this subsection do not apply if:(i) The applicable work performed by the domestic worker was on a casual labor basis;(ii) The domestic worker was hired on a one-time or intermittent basis without an expectation of ongoing work;(iii) The termination occurs during an agreed-upon probationary period;(iv) The termination is based on a good faith belief that the domestic worker engaged in misconduct as defined in RCW 50.04.294;(v) The termination is caused by circumstances outside of the hiring entity's control, including death;(vi) The hiring entity and domestic worker agree that the applicable care needs have significantly changed and cannot be addressed by the current position or services; or(vii) The domestic worker becomes unable to fulfill the requirements of the position or services as provided in the written agreement.(5) Recordkeeping. A hiring entity shall create and maintain all applicable documents required by this section and records documenting hours worked, rate(s) of pay, and, if applicable, the leave time earned and used. If a complaint is filed with the department, the hiring entity shall make applicable documents kept to comply with this section accessible to the department. Documents kept to comply with this section must be retained for no less than three years after their creation. Active written agreements must be maintained while in effect and for no less than three years after the end of the domestic worker's employment or services.NEW SECTIONWAC 296-138-040Severance pay for termination notice violations.If a hiring entity does not provide the notification required under RCW 49.96.030(3) or associated rules, the hiring entity shall provide the domestic worker with severance pay in the amount of the worker's standard rate of pay multiplied by the regular number of hours worked over the period of time during which the required notification was not provided. For purposes of this subsection, "standard rate of pay" means the agreed-upon rate of pay between the hiring entity and domestic worker, as reflected in the written agreement.NEW SECTIONWAC 296-138-050Working environment requirements.(1) A hiring entity may not:(a) Subject a domestic worker to conduct or allow a domestic worker to be subjected to conduct that creates an intimidating, hostile, or offensive work environment with the purpose or effect of unreasonably interfering with the domestic worker's performance;(b) Require or request that a domestic worker allow the hiring entity to take or maintain possession, or allow another person to take or maintain possession, of any of a domestic worker's personal effects including, but not limited to, any legal documents, forms of identification, passports, or immigration documents;(c) Monitor or record, or allow another person to monitor or record, through any means, the activities of a domestic worker using a bathroom or similar facility, of a domestic worker in the domestic worker's private living quarters, or while the domestic worker is engaged in personal activities associated with dressing or changing clothes;(d) Monitor, record, or interfere, or allow another person to monitor, record, or interfere, with the private communications of a domestic worker;(e) Request, direct, or require, as a condition of work, that a domestic worker waive the worker's rights under federal, state, or local law; or(f) Request, direct, or require, as a condition of work, that the domestic worker agree to a mandatory predispute arbitration clause for claims of their legal rights, a nondisclosure or nondisparagement agreement that inhibits the domestic worker from pursuing claims or complaints under this chapter, or a noncompete agreement preventing a domestic worker from working for other hiring entities or in other residences following the termination or conclusion of the domestic worker's work for the hiring entity.(2) The department may apply RCW 49.96.060 through 49.96.090 and WAC 296-138-100 to enforce this section.NEW SECTIONWAC 296-138-060Retaliation.(1) A hiring entity may not interfere with, restrain, or deny the exercise of any right under chapter 49.96 RCW or associated rules by using a domestic worker's exercise of said right as a negative factor in any employment action or other similar action.(2)(a) A hiring entity may not take any adverse action against a domestic worker for exercising or attempting to exercise a right under this chapter or chapter 49.96 RCW including, but not limited to, any of the following in connection with this chapter: Instituting or filing a complaint or action; participating in a proceeding; organizing or communicating with other domestic workers on their rights; or disclosing the worker's own immigration status.(b) For purposes of this subsection, "adverse action" includes:(i) Subjecting the domestic worker to discipline;(ii) Terminating, suspending, or demoting the domestic worker, or denying the domestic worker a promotion;(iii) Reducing the number of work hours for which the domestic worker is scheduled;(iv) Altering the domestic worker's preexisting work schedule;(v) Reducing the domestic worker's rate of pay;(vi) Threatening to take or taking action based upon the immigration status of a domestic worker or a domestic worker's family member; and(vii) Communicating, directly or indirectly, to the domestic worker the hiring entity's willingness or intent to report the suspected citizenship or immigration status of the domestic worker or the domestic worker's family member to a federal, state, or local agency or other applicable entity.NEW SECTIONWAC 296-138-070Retaliation enforcement.(1) There is a rebuttable presumption that the hiring entity violated WAC 296-138-060(2) if the hiring entity takes an adverse action against a domestic worker within 90 calendar days of the domestic worker's exercise of rights protected under this chapter. However, in the case of seasonal work that ended before the close of the 90 calendar day period, the presumption also applies if the hiring entity fails to rehire a former domestic worker at the next opportunity for work in the same position. The hiring entity may rebut the presumption with clear and convincing evidence that the adverse action was taken for a permissible purpose.(2)(a) The department may conduct an investigation if a domestic worker files a complaint with the department alleging a violation of RCW 49.96.060 (1) and (2) or WAC 296-138-060. The department may not investigate any alleged violation occurring more than 180 days before the date that the domestic worker filed the complaint, unless the department determines an extension is warranted based on recognized equitable principles or the presence of extenuating circumstances, which may include, but are not limited to, the presence of evidence suggesting that the hiring entity concealed misconduct or misled the domestic worker.(b) If the department discovers evidence of other violations not included in the complaint while investigating the complaint, the department may investigate and take appropriate enforcement action without requiring the domestic worker to file a new or separate complaint.(c) If a domestic worker files a timely complaint with the department, the department may investigate the complaint and issue either a citation and notice of assessment or a determination of compliance within 90 days after the date on which the department received the complaint, unless the complaint is otherwise resolved. The department may extend the period under this subsection by providing advance written notice to the domestic worker and the hiring entity setting forth good cause for an extension of the period and specifying the duration of the extension.(d) The department may consider a complaint to be otherwise resolved when the domestic worker and the hiring entity reach a mutual agreement to remedy the adverse action, or the domestic worker voluntarily and on the domestic worker's own initiative withdraws the complaint.(e) If the department finds that the domestic worker's allegation cannot be substantiated, the department may issue a determination of compliance to the domestic worker and the hiring entity detailing such finding.(f) If the department's investigation finds that the hiring entity violated RCW 49.96.060 (1) and (2) or WAC 296-138-060, and the complaint is not otherwise resolved, the department may notify the hiring entity that the department intends to issue a citation and notice of assessment, and may provide up to 30 days after the date of such notification for the hiring entity to take corrective action to remedy the adverse action. If the complaint is not otherwise resolved, then the department may issue a citation and notice of assessment.(g) When issuing a citation and notice of assessment under this section, the department may order the hiring entity to:(i) Pay the domestic worker earnings that the domestic worker did not receive due to the hiring entity's adverse action, including interest of one percent per month calculated from the first date earnings were owed to the domestic worker;(ii) Restore the domestic worker to the position held by the domestic worker when the adverse action occurred, or restore the domestic worker to an equivalent position with equivalent work hours, work schedule, benefits, pay, and other terms and conditions; and/or(iii) Pay the department a civil penalty, which must be the greater of $1,000 or an amount equal to 10 percent of the total amount of unpaid earnings attributable to the adverse action, provided that the penalty may not exceed $20,000 for the first violation or $40,000 for a repeat violation.(h) If the department issues a citation and notice of assessment or determination of compliance, the department shall send the citation and notice of assessment or determination of compliance to both the hiring entity and the domestic worker 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.(3)(a) A hiring entity or domestic worker aggrieved by a citation and notice of assessment or a determination of compliance under this section may submit a request for reconsideration to the department setting forth the grounds for such reconsideration, or if applicable, submit an appeal to the director under RCW 49.96.080.(b) A request for reconsideration must be made within 30 days of receipt of the citation and notice of assessment or the determination of compliance. If the department receives a timely request for reconsideration, the department shall either accept the request or treat the request as a notice of appeal under RCW 49.96.080.(c) If a request for reconsideration is accepted, the department shall send notice of the request for reconsideration to the hiring entity and the domestic worker. The department shall determine if there are any valid reasons to reverse or modify the department's original citation and notice of assessment or determination of compliance within 30 days of receipt of such request. The department may extend this period by providing advance written notice to the hiring entity and domestic worker setting forth good cause for an extension of the period and specifying the duration of the extension.(d) After reviewing the request for reconsideration, the department shall:(i) Notify the hiring entity and domestic worker that the citation and notice of assessment or determination of compliance is affirmed; or(ii) Notify the hiring entity and domestic worker that the citation and notice of assessment or determination of compliance has been reversed or modified.(e) A request for reconsideration submitted to the department stays the effectiveness of the citation and notice of assessment or determination of compliance pending the decision by the department.NEW SECTIONWAC 296-138-080Compensation enforcement.Violations of RCW 49.96.020 or associated rules are enforced as a wage payment requirement under chapter 49.48 RCW. Any severance amount owed under WAC 296-138-040 constitutes such a requirement.NEW SECTIONWAC 296-138-090Administrative and working environment requirements enforcement.(1)(a) The department may conduct an investigation if a domestic worker files a complaint with the department alleging a violation of this chapter or chapter 49.96 RCW, excluding violations for RCW 49.96.020 and 49.96.060. If the department discovers evidence of other violations not included in the complaint while investigating the complaint, the department may investigate and take appropriate enforcement action without requiring the domestic worker to file a new or separate complaint.(b) The department may not investigate any alleged violation occurring more than three years before the date that the domestic worker filed the complaint.(c) If a domestic worker files a timely complaint with the department, the department may investigate the complaint and issue either a citation assessing a civil penalty or a closure letter within 90 days after the date on which the department received the complaint. The department may extend the period by providing advance written notice to the domestic worker and the hiring entity setting forth good cause for an extension of the period and specifying the duration of the extension.(2) If the department finds that the domestic worker's allegation cannot be substantiated or that the complaint is otherwise resolved, the department shall issue a closure letter to the domestic worker and the hiring entity detailing such finding. The department may consider a complaint to be resolved if the domestic worker and the hiring entity reach a mutual agreement to remedy an alleged violation, or if the domestic worker voluntarily and on the domestic worker's own initiative withdraws the complaint.(3)(a) If the department finds a violation has occurred, the department may order the hiring entity to pay the department a civil penalty as follows:(i) $1,000 for a willful violation of this chapter;(ii) No less than $2,000 and no greater than $20,000 for each repeat willful violation.(b) The department may not issue a citation assessing a civil penalty under this subsection if the hiring entity reasonably relied on:(i) A written order, ruling, approval, opinion, advice, determination, or interpretation of the director; or(ii) An interpretive or administrative policy issued by the department and filed with the office of the code reviser. In accordance with the department's retention schedule obligations under chapter 40.14 RCW, the department shall maintain a complete and accurate record of all written orders, rulings, approvals, opinions, advice, determinations, and interpretations for purposes of determining whether a hiring entity is immune from civil penalties under this subsection.(4) The department may, at any time, waive or reduce a civil penalty assessed under this section if the department determines that the hiring entity has taken corrective action.(5) The department shall send the citation and notice of assessment or the closure letter to both the hiring entity and the domestic worker 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) For purposes of this section, the following definitions apply:(a) "Repeat willful violator" means any hiring entity that has been the subject of a final and binding citation for a willful violation of one or more rights under this chapter, and all applicable rules, within three years of the date of issuance of the most recent citation for a willful violation of one or more such rights.(b) "Willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute.NEW SECTIONWAC 296-138-100Working environment supplemental enforcement.(1) In addition to any other authority provided in RCW 49.96.070 and associated rules, the department can order and collect all appropriate relief for violations of RCW 49.96.050 and WAC 296-138-050 including, but not limited to, statutory damages, abatement of violations, and the restraint of conditions, practices, methods, processes, or means creating the violation. The department may order the hiring entity to pay to each affected domestic worker statutory damages of no less than $1,000 and no more than $20,000 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 hiring entity;(c) The amount necessary to deter future noncompliance;(d) The purposes of chapter  49.96 RCW; and(e) Any other factor deemed appropriate by the department.(2) An order issued under this section may require the hiring entity to take steps necessary to avoid, correct, or remove causations of the violation and prohibit the presence of a domestic worker in locations or under conditions where such violation exists.NEW SECTIONWAC 296-138-110Supplemental investigation authority.(1) The director may initiate an investigation without a domestic worker's complaint to ensure compliance with chapter 49.96 RCW or associated rules. The department may also initiate an investigation on behalf of one or more domestic workers when the director otherwise has reason to believe that a violation has occurred or will occur.(2) The department may conduct a consolidated investigation for any alleged violation identified under chapter 49.96 RCW, or associated rules, when there are common questions of law or fact. If the department consolidates such matters into a single investigation, it will provide notice to the hiring entity.(3) Upon the department's request, a hiring entity must notify affected domestic workers in writing that the department is conducting an investigation. The department may require the hiring entity to include a general description of each investigation as part of the notification, including the allegations and whether the notified domestic worker may be affected. The hiring entity may consult with the department to provide the information for the description of the notification of investigation.(4) The department may request a hiring entity perform a self-audit of any records relating to chapter 49.96 RCW, or associated rules, which must be provided within a reasonable time. Reasonable timelines will be specified in the self-audit request. The department must determine reasonable time based on the number of affected domestic workers and the period of time covered by the self-audit. The records examined by the hiring entity in order to perform the self-audit must be made available to the department upon request.NEW SECTIONWAC 296-138-120Appeals.Any hiring entity or other person aggrieved by a citation assessing a civil penalty, a determination of compliance, or other order issued by the department under this chapter may appeal the citation, determination, or order in accordance with RCW 49.96.080.NEW SECTIONWAC 296-138-130Collection procedures.(1) Collections of unpaid citations and penalties administered under this chapter must be handled pursuant to the procedures in RCW 49.48.086.(2) The department shall deposit civil penalties paid under chapter 49.96 RCW into the supplemental pension fund established in RCW 51.44.033.NEW SECTIONWAC 296-138-140Severability clause.If any provision of the rules in this chapter, or their application to any person or circumstance is held invalid, the remainder of these rules or their application of the provision to other persons or circumstances is not affected.NEW SECTIONWAC 296-138-150More favorable standards.This chapter establishes minimum standards and rights of domestic workers in this state. Any standards and rights established by any other applicable federal, state, or local law or rule that are more favorable to domestic workers than the minimum standards and rights established by this chapter are not affected by this chapter and remain in full force and effect and may be enforced as provided by law. The remedies provided by this chapter are not exclusive and are concurrent with any other remedy provided by law.