Wash. Rev. Code » Title 49 · Chapter 49.48
Revised Code of Washington

Wash. Rev. Code § 49.48.085 (2026)

✓ current as of May 2026
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(1) An employee who has filed a wage complaint with the department may elect to terminate the department's administrative action, thereby preserving any private right of action, by providing written notice to the department within ten business days after the employee's receipt of the department's citation and notice of assessment.
(2) If the employee elects to terminate the department's administrative action: (a) The department shall immediately discontinue its action against the employer; (b) the department shall vacate a citation and notice of assessment already issued by the department to the employer; and (c) the citation and notice of assessment, and any related findings of fact or conclusions of law by the department, and any payment or offer of payment by the employer of the wages, including interest, assessed by the department in the citation and notice of assessment, shall not be admissible in any court action or other judicial or administrative proceeding.
(3) Nothing in this section shall be construed to limit or affect: (a) The right of any employee to pursue any judicial, administrative, or other action available with respect to an employer; (b) the right of the department to pursue any judicial, administrative, or other action available with respect to an employee that is identified as a result of a wage complaint; or (c) the right of the department to pursue any judicial, administrative, or other action available with respect to an employer in the absence of a wage complaint. For purposes of this subsection, "employee" means an employee other than an employee who has filed a wage complaint with the department and who thereafter has elected to terminate the department's administrative action as provided in subsection (1) of this section.
[ 2006 c 89 s 4.]

Notes:

Captions not law—2006 c 89: See note following RCW 49.48.082.
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2016–2025 · leading case: Charles Peiffer v. Pro-Cut Concrete Cutting & Breaking, Inc., 431 P.3d 1018 (Wash. Ct. App. 2018).
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Charles Peiffer v. Pro-Cut Concrete Cutting & Breaking, Inc., 431 P.3d 1018 (Wash. Ct. App. 2018). · cites it 7× “It then more particularly identifies the beginning and end of the tolling period, as follows: For the purposes of this subsection, the department’s investigation begins on the date the employee files the wage complaint with the department and ends when: (a) The wage complaint is…”
Arnold v. City of Seattle, 374 P.3d 111 (Wash. 2016). “RCW 49.48.085 describes various types of actions in a way that suggests the term “action” includes administrative proceedings: (3) Nothing in this section shall be construed to limit or affect: (a) The right of any employee to pursue any judicial, administrative, or other action…”
Dep't of Labor & Indus. v. Cannabis Green, LLC (Wash. Ct. App. 2024). · cites it 4× “RCW 49.48.085. While there are differences between the CWPEA and the WPA, both procedures authorize DLI to order an employer to pay a penalty when it determines that the failure to pay wages was willful.”
Arnold v. City of Seattle (Wash. 2016). · cites it 2× “085 describes various types of actions in a way that suggests the term "action" includes administrative proceedings: (3) Nothing in this section shall be construed to limit or affect: (a) The right of any employee to pursue any judicial, administrative, or other action available…”
Dep't of Lab. & Indus. v. Cannabis Green, LLC, 569 P.3d 303 (Wash. 2025). “RCW 49.48.085(3)(c) (“Nothing in this section shall be construed to limit or affect .”
— Wash. Rev. Code § 49.48.085(1) — 1 case
Charles Peiffer v. Pro-Cut Concrete Cutting & Breaking, Inc., 431 P.3d 1018 (Wash. Ct. App. 2018). “It then more particularly identifies the beginning and end of the tolling period, as follows: For the purposes of this subsection, the department’s investigation begins on the date the employee files the wage complaint with the department and ends when: (a) The wage complaint is…”
— Wash. Rev. Code § 49.48.085(3) — 1 case
Dep't of Labor & Indus. v. Cannabis Green, LLC (Wash. Ct. App. 2024). “RCW 49.48.085. While there are differences between the CWPEA and the WPA, both procedures authorize DLI to order an employer to pay a penalty when it determines that the failure to pay wages was willful.”
— Wash. Rev. Code § 49.48.085(3)(c) — 2 cases
Dep't of Labor & Indus. v. Cannabis Green, LLC (Wash. Ct. App. 2024). “RCW 49.48.085. While there are differences between the CWPEA and the WPA, both procedures authorize DLI to order an employer to pay a penalty when it determines that the failure to pay wages was willful.”
Dep't of Lab. & Indus. v. Cannabis Green, LLC, 569 P.3d 303 (Wash. 2025). “RCW 49.48.085(3)(c) (“Nothing in this section shall be construed to limit or affect .”
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