49.78.330 - Civil action by employees.

Civil action by employees.

(1) Any employer who violates RCW 49.78.300 is liable:

     (a) For damages equal to:

     (i) The amount of:

     (A) Any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; or

     (B) In a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to twelve weeks of wages or salary for the employee;

     (ii) The interest on the amount described in (a)(i) of this subsection calculated at the prevailing rate; and

     (iii) An additional amount as liquidated damages equal to the sum of the amount described in (a)(i) of this subsection and the interest described in (a)(ii) of this subsection, except that if an employer who has violated RCW 49.78.300 proves to the satisfaction of the court that the act or omission which violated RCW 49.78.300 was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of RCW 49.78.300, the court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under (a)(i) and (ii) of this subsection, respectively; and

     (b) For such equitable relief as may be appropriate, including employment, reinstatement, and promotion.

     (2) An action to recover the damages or equitable relief prescribed in subsection (1) of this section may be maintained against any employer in any court of competent jurisdiction by any one or more employees for and on behalf of:

     (a) The employees; or

     (b) The employees and other employees similarly situated.

     (3) The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorneys' fees, reasonable expert witness fees, and other costs of the action to be paid by the defendant.

[2006 c 59 § 14.]