The proposed bill introduces a new chapter in Title 49 RCW that governs the use of technology by employers, specifically addressing electronic monitoring and automated decision systems in the workplace. It defines essential terms such as "algorithm," "automated decision system," "biometric data," and "electronic monitoring." Employers are mandated to provide at least 15 days' notice to employees before implementing any electronic monitoring, including details on the purpose and methods of monitoring. The bill also prohibits certain invasive monitoring practices, such as audio-visual surveillance in private areas and the use of facial or emotion recognition technologies.
Furthermore, the bill requires employers to conduct impact assessments prior to using automated decision systems to ensure compliance with employee rights and prohibits retaliation against employees who assert their rights under this chapter. It establishes a complaint process through the Department of Labor and Industries, which can investigate violations and impose civil penalties, starting at $1,000 for first offenses and escalating for repeat violations, with a maximum of $10,000 per violation. The department is empowered to enforce these regulations through superior court actions and can adopt rules for enforcement, with the provisions set to take effect on July 1, 2026.