Revised Code of Washington
Wash. Rev. Code § 49.58.070 (2026)
Employee may bring civil action—Damages and relief
✓ current as of May 2026
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(1) Subject to subsection (2) of this section, an employee may bring a civil action against an employer for violation of RCW 49.58.020 and 49.58.030 through 49.58.050 for actual damages; statutory damages equal to the actual damages or five thousand dollars, whichever is greater; interest of one percent per month on all compensation owed; and costs and reasonable attorneys' fees. The court may also order reinstatement and injunctive relief. The employee must bring a civil action within three years of the date of the alleged violation of this chapter regardless of whether the employee pursued an administrative complaint. Filing a civil action under this chapter shall terminate the director's processing of the complaint under RCW 49.58.030 or 49.58.060. Recovery of any wages and interest owed must be calculated from four years from the last violation prior to the date of filing the civil action.
(2) An employee alleging a violation of RCW 49.58.030 is entitled to relief only if the court determines that the employer committed a pattern of violations as to the employee or committed a violation through application of a formal or informal employer policy or practice.
[ 2018 c 116 s 8.]
Notes of Decisions
Cited in 14
cases (14 in the last 5 years), 2021–2025 · leading case: Moliga v. Qdoba Restaurant Corp. (W.D. Wash. 2023).
Moliga v. Qdoba Restaurant Corp. (W.D. Wash. 2023). “” Wash. Rev. Code § 49.58.070 (1); see id. § 2 49.”
Floyd v. Insight Global LLC (W.D. Wash. 2024). “RCW 49.58.070 provides for a civil action to be brought against an 20 employer for damages, which has the effect of terminating the processing of an administrative 21 complaint.”
Atkinson v. Aaron's LLC (W.D. Wash. 2024). “RCW 49.58.070 provides for a civil action to be brought against an 14 employer for damages, which has the effect of terminating the processing of an administrative 15 complaint.”
Atkinson v. Aaron's LLC (W.D. Wash. 2024). “RCW 49.58.070 provides for a civil action to be brought against an 15 employer for damages, which has the effect of terminating the processing of an administrative 16 complaint.”
Floyd v. Insight Global LLC (W.D. Wash. 2024). “RCW 49.58.070 provides for a civil action to be brought against an 22 employer for damages, which has the effect of terminating the processing of an administrative 23 complaint.”
Branson v. Wash. Fine Wine & Spirits, LLC (Wash. 2025). “Subsequently, Branson and Burke filed an amended class action complaint against Total Wine in King County, invoking their right to statutory damages under RCW 49.58.070 and RCW 49.58.110 for Total Wine’s failure to post the required wage scale or salary range in its job postings…”
Chinn v. Whidbey Pub. Hosp. Dist. (W.D. Wash. 2021). “See RCW 49.58.070. Accordingly, Defendant is not subject to a claim for punitive damages.”
Dapper v. Brinderson LLC (W.D. Wash. 2023). “See RCW 49.58.070. 2 The parties cite to cases discussing the federal Equal Pay Act (“EPA”).”
David v. Herc Rentals Inc (W.D. Wash. 2024). “Private cause of action for applicants 12 Herc Rentals contends that the EPOA only provides the remedy of a private right of action, 13 RCW 49.58.070, to employees and not job applicants such as Mr.”
Floyd v. DoorDash Inc (W.D. Wash. 2024). “He seeks statutory 17 damages, costs, and reasonable attorneys’ fees pursuant to RCW 49.58.070(1). Id. at 8. 18 DoorDash removed the case to this Court on November 13, 2023, on the basis of diversity 19 jurisdiction, 28 U.”
Spencer v. RXO Inc (W.D. Wash. 2024). “He seeks 17 statutory damages, costs, and reasonable attorneys’ fees pursuant to RCW 49.58.070(1). Id. at 7- 18 8. 19 RXO removed the case to this Court on November 17, 2023, on the basis of diversity 20 jurisdiction, 28 U.”
Spencer v. JELD-WEN Inc (W.D. Wash. 2024). “He seeks statutory damages, costs, 20 and reasonable attorneys’ fees pursuant to RCW 49.58.070(1). Id. at 7. 21 22 2 Including the motion, ECF No.”
— Wash. Rev. Code § 49.58.070(1) — 10 cases
Moliga v. Qdoba Restaurant Corp. (W.D. Wash. 2023). “” Wash. Rev. Code § 49.58.070 (1); see id. § 2 49.”
Branson v. Wash. Fine Wine & Spirits, LLC (Wash. 2025). “Subsequently, Branson and Burke filed an amended class action complaint against Total Wine in King County, invoking their right to statutory damages under RCW 49.58.070 and RCW 49.58.110 for Total Wine’s failure to post the required wage scale or salary range in its job postings…”
Chinn v. Whidbey Pub. Hosp. Dist. (W.D. Wash. 2021). “See RCW 49.58.070. Accordingly, Defendant is not subject to a claim for punitive damages.”
Floyd v. Insight Global LLC (W.D. Wash. 2024). “RCW 49.58.070 provides for a civil action to be brought against an 20 employer for damages, which has the effect of terminating the processing of an administrative 21 complaint.”
Atkinson v. Aaron's LLC (W.D. Wash. 2024). “RCW 49.58.070 provides for a civil action to be brought against an 14 employer for damages, which has the effect of terminating the processing of an administrative 15 complaint.”
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