Section 296-128-90070 - Retaliation(1) It is unlawful for an establishment to interfere with, restrain, or deny the exercise of any entertainer right provided under or in connection with RCW 49.46.360 or associated rules.(2) It is unlawful for an establishment to adopt or enforce any policy that may lead to or result in any termination or other adverse action against an entertainer for exercising their rights under RCW 49.46.360 and associated rules.(3) It is unlawful for an establishment to take any adverse action against an entertainer because the entertainer has exercised their rights provided under chapter 49.46 RCW or associated rules. Such rights include, but are not limited to: The use or collection of tips or gratuities; filing an action, or instituting or causing to be instituted any proceeding under or related to RCW 49.46.360; or testifying or intending to testify in any such proceeding related to any rights provided under RCW 49.46.360 or associated rules.(4) Adverse action means any action taken or threatened by an establishment against an entertainer for the entertainer's exercise of rights under RCW 49.46.360 or associated rules, that may include, but is not limited to: (a) Denying, reducing, or delaying payment of amounts collected, tips and gratuities, or any other amounts owed;(b) Threatening to take, or taking, action based upon the immigration status of an entertainer or an entertainer's family member;(c) Terminating, suspending, or limiting reasonable access to the establishment;(d) Altering order of performances or stage time of an entertainer;(e) Altering how an entertainer's requested music is handled;(f) Denial or delay of an entertainer's access to security services;(g) Moving an entertainer from a private performance area to a nonprivate performance area, or otherwise interrupting, preventing, or delaying an entertainer's opportunity for higher income; or(h) Preventing an entertainer from working in any other lawful occupation or business.Wash. Admin. Code § 296-128-90070
Adopted by WSR 24-24-075, Filed 12/2/2024, effective 1/2/2025