Wash. Rev. Code § 49.48.040
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*** CHANGE IN 2026 *** (SEE 6058.SL) ***
(1) The department of labor and industries may:
(a) Upon obtaining information indicating an employer may be committing a violation under chapters 39.12, 49.46, and 49.48 RCW, conduct investigations to ensure compliance with chapters 39.12, 49.46, and 49.48 RCW;
(b) Order the payment of all wages owed the workers and institute actions necessary for the collection of the sums determined owed; and
(c) Take assignments of wage claims and prosecute actions for the collection of wages of persons who are financially unable to employ counsel when in the judgment of the director of the department the claims are valid and enforceable in the courts.
(2) The director of the department or any authorized representative may, for the purpose of carrying out RCW 49.48.040 through 49.48.080: (a) Issue subpoenas to compel the attendance of witnesses or parties and the production of books, papers, or records; (b) administer oaths and examine witnesses under oath; (c) take the verification of proof of instruments of writing; and (d) take depositions and affidavits. If assignments for wage claims are taken, court costs shall not be payable by the department for prosecuting such suits.
(3) The director shall have a seal inscribed "Department of Labor and Industries—State of Washington" and all courts shall take judicial notice of such seal. Obedience to subpoenas issued by the director or authorized representative shall be enforced by the courts in any county.
(4) The director or authorized representative shall have free access to all places and works of labor. Any employer or any agent or employee of such employer who refuses the director or authorized representative admission therein, or who, when requested by the director or authorized representative, wilfully neglects or refuses to furnish the director or authorized representative any statistics or information pertaining to his or her lawful duties, which statistics or information may be in his or her possession or under the control of the employer or agent, shall be guilty of a misdemeanor.
[ 1987 c 172 s 1; 1935 c 96 s 1; RRS s 7596-1.]
Notes of Decisions
Cited in 15
cases (3 in the last 5 years), 1989–2025 · leading case: Department of Labor & Industries v. Overnite Transportation Co.
Department of Labor & Industries v. Overnite Transportation Co. (1992)
“The Department brought this action pursuant to its de jure authority under RCW 49.48.040(1)(b). 8 Because the Department presented no evidence that it had taken written assignments of the employees' wage claims, Ovemite contends that the Department does not qualify as an…”
Schilling v. Radio Holdings, Inc. (1998)
“RCW 49.48.040.070. [1] The Legislature also established a remedy of exemplary damages if an employer willfully refuses to pay wages.”
Schilling v. Radio Holdings, Inc. (1998)
“RCW 49.48.040-,070. 1 The Legislature also established a remedy of exemplary damages if an employer willfully refuses to pay wages.”
NACHES VLY. SCH. DIST. v. Cruzen (1989)
“96, § 5, which provides in part: Nothing in RCW 49.48.040 through 49.48.080 shall apply to the payment of wages .”
Dep't of Labor & Industries v. Cannabis Green, LLC (2024)
“BACKGROUND OF COLLECTION OF WAGES IN PRIVATE EMPLOYMENT ACT (CWPEA) AND THE WPA Before addressing the statutory interpretation of RCW 49.48.040 of the CWPEA, the background and history of wage complaints in Washington is helpful.”
International Ass'n of Fire Fighters, Local 46 v. City of Everett (2000)
“][ 12 ] On appeal, Overnite argued that this statute did not afford attorney fees to DLI because it was not an assignee of the employees’ wage claims but merely represented the employees in its de jure authority under RCW 49.48.040(1)(b). 13 We disagreed, and stated that: in…”
D.W. Close Co. v. Department of Labor & Industries (2008)
“” RCW 49.48.040(1). According to this statute, the Department may undertake an Act investigation upon receiving any information about a possible violation, regardless of the source.”
Naches Valley School District No. JT3 v. Cruzen (1989)
“96, § 5, which provides in part: Nothing in RCW 49.48.040 through 49.48.080 shall apply to the payment of wages .”
DW Close Co., Inc. v. DEPT. OF LABOR AND INDUS. (2008)
“" RCW 49.48.040(1). According to this statute, the Department may undertake a Prevailing Wage Act investigation upon receiving any information about a possible violation, regardless of the source.”
SPEEA v. Boeing Co. (2000)
“RCW 49.48.040.070. The Legislature also established a remedy of exemplary damages if an employer willfully refuses to pay wages.”
Dep't of Lab. & Indus. v. Cannabis Green, LLC (2025)
“L&I files complaint against Cannabis Green under RCW 49.48.040; trial court grants Cannabis Green’s summary judgment motion In May 2022, L&I filed a complaint against Cannabis Green on behalf of “affected workers including all current and former non-exempt employees” who worked…”
Morrison v. Basin Asphalt Co. (2005)
“It stands in the shoes of employees and acts in a representative capacity on their behalf by virtue of its de jure authority under RCW 49.48.040(l)(b). <a href="/opinion/1348708/department-of-labor-industries-v-overnite-transportation-co/#36" aria-description="Citation for case:…”
— Wash. Rev. Code § 49.48.040(1) — 3 cases
D.W. Close Co. v. Department of Labor & Industries (2008)
“” RCW 49.48.040(1). According to this statute, the Department may undertake an Act investigation upon receiving any information about a possible violation, regardless of the source.”
DW Close Co., Inc. v. DEPT. OF LABOR AND INDUS. (2008)
“" RCW 49.48.040(1). According to this statute, the Department may undertake a Prevailing Wage Act investigation upon receiving any information about a possible violation, regardless of the source.”
Dep't of Lab. & Indus. v. Cannabis Green, LLC (2025)
“L&I files complaint against Cannabis Green under RCW 49.48.040; trial court grants Cannabis Green’s summary judgment motion In May 2022, L&I filed a complaint against Cannabis Green on behalf of “affected workers including all current and former non-exempt employees” who worked…”
— Wash. Rev. Code § 49.48.040(1)(a) — 1 case
Dep't of Labor & Industries v. Cannabis Green, LLC (2024)
“BACKGROUND OF COLLECTION OF WAGES IN PRIVATE EMPLOYMENT ACT (CWPEA) AND THE WPA Before addressing the statutory interpretation of RCW 49.48.040 of the CWPEA, the background and history of wage complaints in Washington is helpful.”
— Wash. Rev. Code § 49.48.040(1)(b) — 6 cases
Department of Labor & Industries v. Overnite Transportation Co. (1992)
“The Department brought this action pursuant to its de jure authority under RCW 49.48.040(1)(b). 8 Because the Department presented no evidence that it had taken written assignments of the employees' wage claims, Ovemite contends that the Department does not qualify as an…”
Dep't of Labor & Industries v. Cannabis Green, LLC (2024)
“BACKGROUND OF COLLECTION OF WAGES IN PRIVATE EMPLOYMENT ACT (CWPEA) AND THE WPA Before addressing the statutory interpretation of RCW 49.48.040 of the CWPEA, the background and history of wage complaints in Washington is helpful.”
International Ass'n of Fire Fighters, Local 46 v. City of Everett (2000)
“][ 12 ] On appeal, Overnite argued that this statute did not afford attorney fees to DLI because it was not an assignee of the employees’ wage claims but merely represented the employees in its de jure authority under RCW 49.48.040(1)(b). 13 We disagreed, and stated that: in…”
Dep't of Lab. & Indus. v. Cannabis Green, LLC (2025)
“L&I files complaint against Cannabis Green under RCW 49.48.040; trial court grants Cannabis Green’s summary judgment motion In May 2022, L&I filed a complaint against Cannabis Green on behalf of “affected workers including all current and former non-exempt employees” who worked…”
— Wash. Rev. Code § 49.48.040(l)(b) — 1 case
Morrison v. Basin Asphalt Co. (2005)
“It stands in the shoes of employees and acts in a representative capacity on their behalf by virtue of its de jure authority under RCW 49.48.040(l)(b). <a href="/opinion/1348708/department-of-labor-industries-v-overnite-transportation-co/#36" aria-description="Citation for case:…”
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