Wash. Rev. Code » Title 49 · Chapter 49.46
Revised Code of Washington

Wash. Rev. Code § 49.46.040 (2026)

✓ current as of May 2026
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(1) The director or his or her designated representatives may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this chapter, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he or she may deem necessary or appropriate to determine whether any person has violated any provision of this chapter, or which may aid in the enforcement of the provisions of this chapter.
(2) With the consent and cooperation of federal agencies charged with the administration of federal labor laws, the director may, for the purpose of carrying out his or her functions and duties under this chapter, utilize the services of federal agencies and their employees and, notwithstanding any other provision of law, may reimburse such federal agencies and their employees for services rendered for such purposes.
(3) Every employer subject to any provision of this chapter or of any order issued under this chapter shall make, keep, and preserve such records of the persons employed by him or her and of the wages, hours, and other conditions and practices of employment maintained by him or her, and shall preserve such records for such periods of time, and shall make reports therefrom to the director as he or she shall prescribe by regulation as necessary or appropriate for the enforcement of the provisions of this chapter or the regulations thereunder.
(4) The director is authorized to make such regulations regulating, restricting, or prohibiting industrial homework as are necessary or appropriate to prevent the circumvention or evasion of and to safeguard the minimum wage rate prescribed in this chapter, and all existing regulations of the director relating to industrial homework are hereby continued in full force and effect.
[ 2010 c 8 s 12041; 1959 c 294 s 4.]
Notes of Decisions
Cited in 3 cases, 2006–2018 · leading case: Chen v. Geo Grp., Inc., 297 F. Supp. 3d 1130 (W.D. Wash. 2018).
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Chen v. Geo Grp., Inc., 297 F. Supp. 3d 1130 (W.D. Wash. 2018). · cites it 3× “38 at 18, citing to RCW 49.46.040(2). Defendant also argues that Plaintiff should have, but failed to, exhaust federal administrative remedies, on two grounds: so that he could legally work for ICE with an approved I-765 work permit, and because he was a detainee and thus…”
Hill v. Garda CL Nw., Inc., 424 P.3d 207 (Wash. 2018). “Clerk's Papers (CP) at 2753-61, 3304-08. They filed a lawsuit on behalf of themselves and a class of similarly situated Washington drivers and messengers for compensation for these missed rest breaks and meal periods.”
McConnell v. Mothers Work, Inc., 128 P.3d 128 (Wash. Ct. App. 2006). “¶ 16 Our reading of RCW 49.46.040 is consistent with the purpose of Washington's Minimum Wage Act.”
— Wash. Rev. Code § 49.46.040(2) — 1 case
Chen v. Geo Grp., Inc., 297 F. Supp. 3d 1130 (W.D. Wash. 2018). “38 at 18, citing to RCW 49.46.040(2). Defendant also argues that Plaintiff should have, but failed to, exhaust federal administrative remedies, on two grounds: so that he could legally work for ICE with an approved I-765 work permit, and because he was a detainee and thus…”
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