In recent weeks, Washington State Governor Bob Ferguson signed numerous employment-related bills, amending employer obligations and employee rights related to pay transparency, paid leave, use of criminal records, personnel records, child labor, pregnancy accommodations, and more.
Our alert offers a summary of the bills, key provisions, and considerations for employers.
1. Changes to the Equal Pay and Opportunities Act
SB 5408 makes significant changes to the Equal Pay and Opportunities Act, providing some relief to employers.
Key provisions include the following:
- Opportunity to cure: A job posting made on or before July 27, 2027 is eligible for a five-day correction period after written notice, during which penalties or damages will not be assessed. This change provides welcome relief to employers facing increased class action activity based on allegedly deficient postings because employers will now be given the opportunity to cure deficient postings before class action litigation is filed.
- Disclosure requirements: Under existing law, an employer with 15 or more employees must include the wage scale or salary range and a general description of all benefits and other compensation in each job posting. The amendments clarify that, if an employer offers a fixed wage amount for an internal transfer or promotion, it can list that amount instead of a scale or range.
- Definition of “posting:” The amended law clarifies that postings that are replicated without employer consent, such as those scraped by third parties, are not considered official job postings.
- Remedies: The amended law outlines two separate and exclusive remedies:
- Administrative remedies: The amended law authorizes the director of the Department of Labor and Industries to order an employer to pay each affected job applicant or employee statutory damages of no less than $100 and no more than $5,000 per violation based on factors such as willfulness, repeat violations, employer size, and deterrence.
- Private civil action: The amended law expressly provides for a private right of action. A prevailing job applicant or employee is entitled to statutory damages of no less than $100 and no more than $5,000 per violation, plus reasonable attorneys’ fees and costs. The amendment clarifies that a court should consider the willfulness factors listed above in its determination of damages.
2. Expansion of paid sick leave for immigration proceedings
Effective July 27, 2025, HB 1875 expands the permissible uses of paid sick leave in Washington, allowing employees to use accrued leave to prepare for or participate in immigration proceedings for themselves or their family members.
Key provisions include the following:
- New qualifying use: Employees may use paid sick leave for absences related to preparing for or participating in judicial or administrative immigration proceedings involving themselves or a family member.
- Verification: For absences exceeding three days, an employer may require verification. Acceptable documentation includes a written statement from the employee or statements from advocates, attorneys, or clergy. The documentation should not disclose any personally identifiable information about the person's immigration status or underlying immigration protection.
- Anti-retaliation: An employer may not count the use of paid sick leave for immigration proceedings as an absence leading to discipline, nor may it retaliate against an employee for exercising rights under the law.
Employers are encouraged to review paid sick leave policies and ensure human resources professionals, managers, and supervisors are aware of new leave rights.
3. Expanded Fair Chance Act obligations
Effective July 1, 2026, HB 1747 significantly amends Washington’s Fair Chance Act, increasing protections for job applicants and employees with criminal records and imposing new requirements on employers.
Key provisions include the following:
- Conditional offers: An employer may not inquire about or obtain criminal record information until it has 1) determined that the applicant is otherwise qualified and 2) made a conditional offer of employment.
- Blanket exclusions: An employer is prohibited from advertising or implementing policies that categorically exclude individuals with criminal records from consideration.
- Arrest and juvenile records: An employer may not take adverse employment actions based on arrest records or juvenile conviction records.
- Adult conviction records: Adverse action based on adult conviction records is only permitted if the employer has documented a legitimate business reason, considering factors such as the seriousness of the offense, time elapsed, and evidence of rehabilitation.
- Notice and opportunity to respond: Before taking adverse action, an employer must notify the individual of the pre-adverse action, identify the record relied upon, and provide at least two business days for the individual to respond or provide mitigating information.
- Written decisions: If adverse action is taken, the employer must provide a written explanation detailing the reasoning and assessment of the relevant statutory factors and the employer’s consideration of the applicant’s rehabilitation, good conduct, work experience, education, and training.
- Penalties: The Attorney General enforces the law, with increased penalties up to $1,500 for a first violation, $3,000 for a second, and $15,000 for subsequent violations, per aggrieved party.
Employers are encouraged to review and revise hiring practices, job advertisements, and background check procedures to ensure compliance. Companies are also encouraged to establish documentation and communication protocols for adverse actions based on criminal records.
4. Securing Timely Notification and Benefits for Laid-Off Employees Act
Effective July 27, 2025, SB 5525 will require employers with 50 or more full-time employees to provide advance notice of business closings and mass layoffs, aligning with and expanding upon federal Worker Adjustment and Retraining Notification (WARN) Act requirements.
Key provisions include the following:
- A 60-day notice requirement: Employers must provide at least 60 days written notice to the Washington Employment Security Department and affected employees (or their union representatives) before a business closing or mass layoff affecting 50 or more employees.
- Notice content: Notices must include information required by the federal WARN Act, plus additional details such as contact information, whether the closure is permanent or temporary, and the schedule of employment losses.
- Exceptions: Certain exceptions apply, including unforeseeable business circumstances, natural disasters, and specific construction industry scenarios.
- Employees on leave: An employee taking paid family or medical leave under the Washington Paid Family and Medical Leave Law is exempt from a mass reduction unless an exemption listed above applies.
- Penalties: An employer that fails to provide timely notice is liable for up to 60 days of back pay and benefits for each affected employee, plus a civil penalty of up to $500 per day for failure to notify the state.
- Enforcement: The law provides for civil actions by the state, employees, or unions, with the possibility of attorneys’ fees for prevailing plaintiffs.
Employers planning business closures or mass layoffs are encouraged to take note of new requirements.
5. Expanded paid family and medical leave restoration requirements
Effective January 1, 2026 (subject to funding in the omnibus appropriations act), HB 1213 expands the job restoration and protection section of the Washington Paid Family and Medical Leave (WPFMLA) Act.
Key provisions include the following:
- Employment protection: Job restoration and protection requirements under WPFMLA are expanded to employers with fewer than 50 employees on a phased schedule, starting with employers with 25 or more employees in 2026. An employee would qualify for protection if they started employment at least 180 calendar days before taking leave.
- Stacking of leave: The amendment provides that unless permitted by the employer, WPFMLA leave must be taken concurrently with any leave taken under the federal Family and Medical Leave Act. To take advantage of this ability, an employer must provide written notice within five business days of the first of an employee’s initial request for or use of FMLA leave and then monthly thereafter for the leave period.
- Reduced minimum claim duration: The amendment lowers the minimum claim duration from eight consecutive hours to four hours.
- Right to reinstatement: Absent written agreement, an employee forfeits their right to reinstatement if they fail to exercise the right with the time prescribed. In addition, for any continuous period of leave exceeding two workweeks or any combined intermittent periods of leave exceeding 14 workdays, the employer must provide at least five business advance written notice to the employee regarding the estimated expiration of the right of employment restoration and the date of the employee's first scheduled workday.
- Notice: An employer must also provide notice about an employee’s right to reinstatement.
The amendments also make changes to health benefits continuation and notice and poster requirements.
6. Expanded personnel records requirements for employers
Effective July 27, 2025, HB 1308 amends the state's personnel files law.
Key provisions include the following:
- Providing files: An employer is required to provide a current or former employee with a copy of their personnel file within 21 calendar days of a request at no cost. A “former employee” is defined as a person who separated from the employer within three years of the date of the request.
- Definition of “personnel file:” A "personnel file" includes (a) all job application records, (b) all performance evaluations, (c) all nonactive or closed disciplinary records, (d) all leave and reasonable accommodation records, (e) all payroll records, and (f) all employment agreements.
- Written statement of termination: Within 21 calendar days of a request, an employer is required to provide a signed written statement of an employee’s termination date and reasons for the discharge.
- Private right of action: HB 1308 provides for a private right of action; however, a current or former employee may not bring such an action until five calendar days after providing the employer notice of their intent to sue. Affected individuals may obtain equitable relief, statutory damages ranging from $250 to $1,000, as well as reasonable attorneys’ fees and costs.
Employers are encouraged to ensure policies and procedures take account of new requirements.
7. Expanded access to leave and safety accommodations
Effective January 1, 2026, SB 5101 expands access to Washington’s Domestic Violence Leave Act to include workers who are victims of hate crimes or bias incidents. Under this statute, an employee is protected under the Domestic Violence Leave Act if they or their family member is a victim of a hate crime. "Hate crime" is defined as the commission, attempted commission, or alleged commission of an offense described in RCW 9A.36.080. It includes offenses committed through internet-based communications.
Employers are encouraged to review leave policies and procedures to take account of new requirements.
8. Expanded pregnancy-related accommodations
Effective January 1, 2027, SB 5217 expands pregnancy-related accommodations in the workplace.
Key provisions include the following:
- An expanded definition of “employer:” The definition of “employer” is expanded to include any employer that employs one or more persons and any religious or sectarian organization not organized for private profit.
- Compensation requirements: An employer is required to pay an employee for break or travel time at their regular compensation rate if the business does not have a private location other than a bathroom to express milk during work.
- Paid leave prohibitions: An employer cannot require an employee to use paid leave during break or travel time to express milk. Any break time to express milk is in addition to meal and rest periods provided under the current law.
- Reasonable accommodations: An employer is required to make reasonable accommodations for employees who are breastfeeding and may not retaliate against those who request them.
Employers are encouraged to review leave policies and ensure compliance with new pregnancy-related accommodation requirements.
9. Prohibition on coercion based on immigration status
Effective July 1, 2025, SB 5104 protects employees from coercion in the workplace based on their immigration status. If an employer coerces an employee in connection with the employer committing a violation of the state's wage payment or labor condition requirements, Washington’s Department of Labor and Industries can fine the employer an amount for each coercive action against each employee. Maximum fines are $1,000 for a first violation, $5,000 for a second violation, and $10,000 for a subsequent violation.
Coercion occurs when an employer makes any implicit or explicit threat related to the immigration status of an employee or an employee's family member in order to deter them from engaging in protected activities or exercising rights under various state employment laws.
10. Strengthened civil penalties for child labor violations
Effective July 1, 2026, HB 1644 significantly increases civil penalties for violating the state's child labor law. It adjusts those penalty amounts for inflation beginning July 1, 2027 and every two years thereafter. It also revokes an employer's work permit for a minor employee for at least 12 months if the employer is issued a citation or restraining order for certain violations under the law.
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