By Washington State Office of the Attorney General
Apr 19th, 2019
OLYMPIA – The Legislature passed Attorney General Bob Ferguson’s agency request legislation strengthening Washington’s wage theft laws in the prevailing wage arena. Prevailing wage is most common in government contracts. Prevailing wage laws prevent a “race to the bottom” as contractors seek to lower worker pay in order to underbid each other.
The bill, SB 5035, increases the maximum penalty for prevailing wage violations from one thousand dollars or 20 percent of the violation, whichever is greater, to five thousand dollars or 50 percent of the violation, whichever is greater. These penalties have not increased since 1985.
Ferguson’s legislation also closes a major loophole in Washington’s prevailing wage laws that allows repeat and willful violators to avoid a penalty or sanction if they respond to a wage complaint by returning the stolen pay to the worker before the state can take additional legal action. This loophole derives from the state’s limited authority to file enforcement actions when there are “unpaid wages” – a term that was undefined before now.
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“This bill ensures that employers who cheat their workers out of hard-earned pay will face consequences, the same as you or I would face if we stole something,” said Ferguson. “Allowing the state to pursue penalties against employers that intentionally rip off their workers protects hardworking Washingtonians and their families.”
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The Washington Building Trades, Faith Action Network and Working Washington also supported SB 5035.