(1) An employee who alleges one or more unlawful acts under RCW 50A.40.010 have occurred may file a complaint with the department. The department may not investigate any alleged violation of RCW 50A.40.010 that occurred more than three years before the date the employee filed the complaint.

(2) Upon receipt of a complaint under subsection (1) of this section, the commissioner shall investigate to determine if a violation occurred and the amount of any liquidated damages, unless the employee terminates the complaint under *RCW 50A.40.035.

(3) Upon completing an investigation, the commissioner shall issue a determination, unless the complaint is otherwise resolved upon agreement by all parties and in compliance with *RCW 50A.40.035(6) or withdrawn under *RCW 50A.40.035(5). If the department determines a violation occurred, the department may order the employer to pay liquidated damages under RCW 50A.40.030.

*Reviser's note: The reference to RCW 50A.40.035 appears to be erroneous. RCW 50A.40.040 was apparently intended.