WAC 296-123-105. Resolving the violation — Disclosure of wage or salary range by employer

(1) If, following an investigation, the director determines that a violation of WAC 296-123-060 occurred, the director shall attempt to resolve the violation by conference and conciliation. (2) If no agreement is reached to resolve the violation, the director may issue a citation and notice of assessment and may order the employer to pay to each affected job applicant or employee statutory damages of no less than $100 and no more than $5,000 per violation. If ordering statutory damages, the department shall consider the following when determining the amount of those damages: (a) Whether the violation was committed willfully or the violation is a repeat violation; (b) The size of the employer; (c) The amount necessary to deter future noncompliance; (d) The purposes of chapter 49.58 RCW; and (e) Any other factor deemed appropriate by the department. (3) In addition to statutory damages, the director may: (a) Order payment of the department's costs of investigation and enforcement to the department; (b) Assess a civil penalty of up to $500 for a first violation or up to $1,000 for a repeat violation; and (c) Order actual damages, reinstatement, injunctive relief, or other appropriate relief for an employee injured by a violation of WAC 296-123-060 (6). (4) The department shall deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033 .