(1) An employer must establish, maintain, and preserve contemporaneous, true, and accurate records of the following: (a) Each employee's own personal work speed data; (b) The aggregated work speed data for similar employees at the same warehouse distribution center; and (c) The written descriptions of each quota the employee was provided pursuant to RCW 49.84.020. (2)(a) The required records must be maintained and preserved throughout the duration of each employee's period of employment and for the period required by this subsection. (b) Except as required under (c) of this subsection, subsequent to an employee's separation from the employer, records relating to the six-month period prior to the date of the employee's separation from the employer must be preserved for at least three years from the date of the employee's separation. (c) Where an employer has taken adverse action against an employee in whole or in part for failure to meet a quota, the employer must preserve the records relating to the basis for the adverse action for at least three years from the date of the adverse action. (d) The employer must make records available to the director upon request. (3) Nothing in this section requires an employer to collect or keep such records if the employer does not use quotas or monitor work speed data. (4) An employer who fails to allow adequate inspection of records in an inspection by the department within a reasonable time period may not use such records in any appeal to challenge the correctness of any citation and notice issued by the department.
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