The proposed bill introduces a new chapter in Title 49 RCW that regulates employer use of technology in the workplace, specifically focusing on electronic monitoring and automated decision systems. 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, methods, and data usage. The bill prohibits invasive practices like monitoring private areas and using facial or emotion recognition technologies. Additionally, it requires employers to conduct impact assessments for automated decision systems to ensure compliance with employee rights and mandates reasonable security measures to protect employee data.
The bill also establishes a civil penalty framework for employers who violate these regulations, with fines starting at $1,000 for first violations and escalating to a maximum of $10,000 for repeat offenses. The Department of Labor and Industries is empowered to investigate complaints, collect penalties, and enforce compliance through superior court actions, including the recovery of attorneys' fees. Furthermore, the department can adopt necessary rules for enforcement, and the provisions of the act are set to take effect on July 1, 2026.