The bill creates a new chapter in Title 49 RCW (sections 1–9) establishing legal requirements for employer use of electronic monitoring for employee performance evaluations. It requires employers to give written notices with specified content at least 30 days before using such monitoring, to provide notice within 30 days if already using monitoring as of the act’s effective date, and to include notice in job offers when monitoring will be used. Notices must generally list types of technologies used (without naming specific equipment or software), state whether a verification process with meaningful human review is used, and, where feasible, be provided in the languages most commonly spoken by employees. An emergency exception permits immediate implementation to prevent imminent harm or economic loss, with notice as soon as practicable and written notice within 30 days. Employers must keep notice records at least three years and provide them to the Department of Labor and Industries on request. The Department of Labor and Industries may investigate complaints, issue citations and notices of assessment, require compliance, collect unpaid citations, use subpoenas, and adopt implementing rules. The act creates administrative and civil remedies: the department has time limits and procedures for appeals (30 days to appeal citations to the director; 30 days to petition for administrative review of initial orders), a three-year statute of limitations for department investigations, and a 180-day deadline for employees to file retaliation complaints (the department generally must act on such complaints within 90 days). Civil penalties for willful violations range from $100 to $5,000, with repeat willful violations subject to at least $5,000 each; the department may allow up to 30 days for employers to correct retaliatory actions. Employees may also sue in court within three years and a prevailing employee may recover statutory damages of $100 to $5,000 plus reasonable attorneys’ fees and costs, and the court may award actual damages, reinstatement, injunctive relief, and other remedies. The act takes effect July 1, 2028. Key definitions in the bill include “electronic monitoring,” “artificial intelligence,” “meaningful human review,” “performance evaluation,” “employer,” “employee,” “department” (Department of Labor and Industries), and “director.” The bill excludes certain general authority law enforcement agencies and fire departments from the definition of employer. Some details are incomplete in the provided text: the new chapter number/citation is not given, and section 4(3) is cut off so the department’s intended actions or remedies in that subsection are unclear.

If enacted, employers in Washington will need to change how and when they put electronic monitoring systems into use for evaluating workers: they must give written notice to employees (and to union reps, if any) at least 30 days before using monitoring for performance reviews, include notice in job offers if monitoring will be used, and for systems already in place must notify within 30 days after the law takes effect on July 1, 2028. Notices must generally describe the types of technology used and say whether there is a meaningful human review process, be provided in common employee languages where feasible, and employers must keep those notice records for at least three years; emergency monitoring can be used immediately but requires prompt follow-up notice. These steps will create administrative and compliance costs for employers, change hiring and rollout practices, and could delay or limit use of automated monitoring unless employers build in the required disclosures and review practices. The Department of Labor and Industries will investigate complaints, issue citations, require compliance, and can assess civil penalties for willful violations ($100–$5,000, with at least $5,000 for repeat willful violations), and employees can also sue within three years for statutory damages ($100–$5,000) plus attorneys’ fees and other remedies; retaliation complaints must be filed within 180 days and the department aims to act within 90 days. Most affected are employers (including state and local public employers except certain law enforcement and fire departments) who face new recordkeeping, notice, and potential penalty exposure, and employees who will likely gain more information about monitoring and clearer paths to challenge or seek damages; some implementation details and a truncated subsection in the available text leave a few enforcement and remedy mechanics unclear.