(1) If the department's investigation finds that an employer retaliated against an employee, pursuant to the procedures outlined in WAC 296-136-140, the department may order the employer to pay the department a civil penalty. A civil penalty for an employer's retaliatory action will not be less than $1,000 or an amount equal to 10 percent of the total amount of unpaid earnings attributable to the retaliatory action, whichever is greater. The maximum civil penalty for an employer's retaliatory action shall be $20,000 for the first violation, and $40,000 for each repeat violation.

(2) The department may, at any time, waive or reduce any civil penalty assessed against an employer under this section if the department determines that the employer has taken corrective action to remedy the retaliatory action.

(3) The department will deposit civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.

(4) Collections of amounts owed for unpaid citations and notices of assessment, as detailed in WAC 296-136-140(5), will be handled pursuant to the procedures outlined in RCW 49.48.086.