1. (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. (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. (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. (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. (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. (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. (7) The department may prioritize coercion investigations as needed to allow for timely resolution of complaints.
8. (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. (9) Nothing in this chapter precludes an employee's right to pursue private legal action.

[Statutory Authority: Chapter 49.46 RCW. WSR 26-04-111, s 296-128-91030, filed 2/3/26, effective 3/6/26.]