1. (1) If an employer retaliates against an employee such that the employee earns less than they would have earned absent the retaliation, the employer must pay the employee the difference between the wages that the employee would have earned absent the retaliation and the wages the employee actually earned after the retaliation.
2. (2) If an employer retaliates against an employee for a refusal to work that is protected under WAC 296-360-150, the employer need not pay the employee's wages for the time spent fixing the hazard, or that would have been spent fixing the hazard, if the employer (a) had to or would have had to shut down the job to make the repair and (b) had not other work the employee could have done.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, and 49.17.160. WSR 26-02-055, s 296-360-160, filed 1/6/26, effective 2/6/26. Statutory Authority: RCW 49.17.040 and 49.17.050. WSR 22-14-090, § 296-360-160, filed 7/1/22, effective 7/1/22. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 43.22 and 42.30 RCW. WSR 80-17-015 (Order 80-21), § 296-360-160, filed 11/13/80.]