In its 2025 regular session, the Washington State Legislature passed 10 bills impacting employers that will come into effect this year. These legal changes affect compliance obligations, employee benefits, and protections against discrimination, while also providing employers some relief from stringent job posting requirements.
Below is a summary of the bills and what employers need to know.
Enhanced Rights to Personnel Records (HB 1308, begins July 27, 2025)
Under RCW 49.12.240, employers must allow employees to inspect their own personnel file upon request, however the statute previously did not include a definition of “personnel file.” HB 1308 adds the following definition:
- All job application records;
- All performance evaluations;
- All nonactive or closed disciplinary records;
- All leave and reasonable accommodation records;
- All payroll records; and
- All employment agreements.
In addition, HB 1308 requires employers to respond to a request within 21 days—clarifying the current “reasonable period of time” requirement. A new section will be added to Chapter 49.12 RCW to create a private right of action for current or former employees to enforce the 21-day requirement. The damages escalate based on the length of the delay: $250 if the complete personnel file is not provided within 21 calendar days, $500 if it is not provided within 28 calendar days, and $1,000 if it is provided more than 35 calendar days after the date of the request. The new section also creates a $500 penalty for any other violations of RCW 49.12.250(1).
Paid Leave for Immigration Hearings (HB 1875, begins July 27, 2025)
HB 1875 expands RCW 49.46.210 to require employers to provide paid sick leave allowing “employee[s] to prepare for, or participate in, any judicial or administrative immigration proceeding involving the employee or employee’s family member.” Currently, employers may require verification of an employee’s absence after three days. For this verification, HB 1875 clarifies that an employee may submit (and an employer must accept):
- Documentation that the employee or the employee’s family member is involved in a qualifying immigration proceeding from any of the following persons from whom the employee or employee’s family member sought assistance in addressing the proceeding: An advocate for immigrants or refugees, an attorney, a member of the clergy, or other professional; or
- An employee’s written statement that the employee or the employee’s family member is involved in a qualifying immigration proceeding and that the leave taken was for such qualifying proceeding.
Unemployment Insurance for Striking Workers (SB 5041, begins July 27, 2025, and January 1, 2026)
Currently, RCW 50.20.090 disqualifies any employee who is unemployed due to a strike or lockout from receiving unemployment benefits. SB 5041 removes this disqualification for a lockout, but retains, in part, disqualification for a strike. As a result, employees who are locked out may apply for benefits immediately, while striking workers can apply for benefits on the earlier of (1) the second Sunday following the first date of the strike, provided that the strike is not found to be prohibited by federal or state law in a final judgment, or (2) the date the strike is terminated. Strike benefits are limited to six calendar weeks, and any retroactive wages paid by the employer for the strike period will result in an overpayment assessment for that employee. Additionally, if a contribution-paying employer is charged benefits due to a strike, the Employment Services Department may evaluate whether that employer is eligible to make a voluntary contribution and provide notice of such eligibility.
This bill technically takes effect on July 27, 2025, but most of the substantive changes above do not begin until January 1, 2026.
Coercion of Employees Based on Immigration Status (SB 5104, begins July 1, 2025)
SB 5104 imposes a new civil penalty on any employer that coerces an employee in furtherance of the employer “committing a violation of wage payment requirements [under chapter 49.48], condition of labor requirements [under chapter 49.12 RCW], or any violations under chapter 49.30, including rules issued by the department pursuant to chapter 49.30 RCW.” Employees who believe they were the subject of coercion based on their immigration status will be able to file a complaint with the Department of Labor and Industries (“L&I”) within 180 days of the alleged action. L&I may, however, extend that time period for good cause (“good cause” is not defined).
“Coercion” will be defined as “a threat to compel or induce a person to engage in conduct which the person has a legal right to abstain from, or to abstain from conduct in which the person has a legal right to engage in,” while “threat” means “any implicit or explicit communication specifically pertaining to an employee’s or an employee’s family member’s immigration status that is made by the employer to deter an employee from engaging in protected activities or exercising a right under [the chapters listed above].”
The penalties are:
- Up to $1,000 for the first violation;
- Up to $5,000 for the second violation; and
- Up to $10,000 for any subsequent violation.
Each individual act of coercion against each employee under this statute constitutes a separate violation. The penalty amounts will be adjusted for inflation every three years, beginning July 1, 2028.
Corrections to Wage and Salary Disclosures (SB 5408, begins July 27, 2025)
As we have discussed before, employers must disclose wage scales or salary ranges in job postings, but going forward employers have the option to post a fixed wage amount if there is no range.
The definition of “posting” is also being clarified; after July 27, 2025, a “posting” will not include a solicitation for recruiting job applicants that is digitally replicated and published without an employer’s consent. This exclusion relieves employers of liability when third-party sources circulate the original post without consent.
Additionally, employers will have an opportunity to correct a violation before a job applicant may seek remedies in court. The correction must be made within five business days of receiving written notice. This safe harbor provision only exists for two years, expiring July 27, 2027.
The statute further allows the Director of L&I to assess specific penalties, in addition to statutory damages. The Director may:
- Order payment of L&I’s costs of investigation and enforcement;
- Assess a civil penalty of up to $500 for a first violation or up to $1,000 for any subsequent violations; or
- Order actual damages, reinstatement, injunctive relief, or other appropriate relief for an employee injured by the violation.
Finally, SB 5408 explicitly provides for applicant and employee lawsuits for violations. A prevailing applicant or employee is entitled to statutory damages of $100 to $5,000 per violation, plus reasonable attorneys’ fees and costs. A court may also order actual damages, reinstatement, injunctive relief, and other appropriate remedies. The private right of action carries a three-year statute of limitations.
An applicant or employee can only recover penalties assessed by the Director of L&I or through a private lawsuit, but not both.
Additional Changes
In addition to the above bills, the Legislature also passed HB 1141 Collective Bargaining for Agricultural Cannabis Workers, HB 1747 Ban the Box Expansion, HB 1821 Interested Party Definition in Prevailing Wage, SB 5501 Job Postings and Driver’s Licenses, and SB 5525 Mass Layoffs. These remaining session laws go into effect on July 27, 2025, with the exception of HB 1821, which has a second section taking effect on January 1, 2026.
