Upcoming Washington State Legislative Changes You Need to Know

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Washington employers should prepare for two significant legislative updates that will impact Transportation Network Companies (TNCs) and employee leave policies for all employers. HB 1332 has two upcoming requirements with two different effective dates. Effective September 1, 2025, TNCs must provide drivers with detailed information about vehicle eligibility for each product class offered on their platform, including make, model, and year. Then, by July 1, 2026, drivers will also be entitled to request aggregated, downloadable per-trip receipt data in a searchable format, enhancing transparency around earnings. Meanwhile, SB 5101, effective January 1, 2026, expands the Domestic Violence Leave Act (DVLA) to include victims of hate crimes. Employees may take leave for legal proceedings, medical treatment, counseling, safety planning, and other related needs, with protections against discrimination and retaliation. Additionally, SB 5101, effective January 1, 2026, provides amendments to Washington’s Paid Family Medical Leave program.

HB 1332 – Transportation Network Company Transparency

Effective September 1, 2025, HB 1332 introduces new obligations for transportation network companies (TNCs) regarding vehicle eligibility and product class transparency. These changes are designed to ensure drivers have clear, timely access to information about the types of vehicles that qualify for various service tiers offered on TNC platforms.

Under the amended law, TNCs must provide drivers with detailed information about which vehicles—identified by make, model, and year—are eligible for each product class available on the platform. The term “product class” refers to specialized ride options offered to passengers for an additional fee, based on vehicle type or specific features and preferences. Examples may include luxury ride tiers or eco-friendly vehicle options.

To comply, TNCs must make this eligibility information accessible to drivers by the effective date. Additionally, if a TNC intends to change the vehicle requirements for an existing product class—such as updating the minimum model year or altering feature criteria—it must notify all current drivers in writing at least 120 calendar days before implementing the change. This advance notice requirement is intended to give drivers sufficient time to adjust or make informed decisions about their continued participation in specific product classes.

TNCs should begin reviewing their internal systems and communications to ensure they can accurately and promptly provide vehicle eligibility data to drivers. This includes updating onboarding materials, driver portals, and notification workflows to meet the new standards. Employers should also establish a process for issuing timely written notices when product class criteria are modified.

Beginning July 1, 2026, TNCs operating in Washington State will also be subject to new data transparency requirements under HB 1332. Specifically, TNCs must provide drivers with access to detailed trip-level earnings data upon request.

Under the new rule, when a driver requests their trip receipt data, the TNC must deliver a downloadable, searchable file within three business days. The file must include data covering the previous 24 months and be formatted as a table, with each row representing a unique trip and each column detailing the itemized elements of that trip’s receipt. These elements may include fare breakdowns, tips, platform time, and other compensation-related metrics. While the law sets minimum data requirements, TNCs may choose to include additional information at their discretion.

TNCs should begin preparing their data systems to meet these formatting and delivery standards. This includes ensuring that trip-level data is stored in a structured, retrievable format and that internal processes are in place to respond to driver requests within the required timeframe. Employers should also consider updating driver-facing communications and support materials to explain how drivers can access their records and what to expect from the data provided.

SB 5101 – Expansion of Domestic Violence Leave

Effective January 1, 2026: Washington’s Domestic Violence Leave Act (DVLA) will expand to include protections for victims of hate crimes, allowing newly-affected employees to access DVLA leave and safety accommodations.

The DVLA defines a “hate crime” as the malicious and intentional commission, attempted commission, or alleged commission of an offense described in RCW 9A.36.080. This definition includes online communications.

The following acts are hate crimes under RCW 9A.36.080:

  • Assault;
  • Causing physical damage to or destruction of the property of another;
  • Threatening a specific person or group of persons and place that person, or members of the specific group of persons, in reasonable fear of harm to person or property.

If someone is being prosecuted for a hate crime, and they do something that clearly targets a person or group based on things like race, religion, gender, or disability, the court can assume they meant to threaten that person or group—unless there's strong evidence showing they didn’t mean to.

Some examples of actions that could lead to this assumption include:

  • Burning a cross on someone’s property because they are (or are perceived to be) Black.
  • Drawing Nazi symbols on property of someone who is (or is perceived to be) Jewish.
  • Vandalizing religious buildings with offensive messages or symbols.
  • Leaving damaged religious items or scriptures on someone’s property.
  • Damaging or forcibly removing someone’s religious clothing.
  • Hanging a noose on the property of someone who is (or is perceived to be) part of a racial or ethnic minority.

The DVLA will now provide protections to employees who must be absent from work for the following purposes related to hate crimes:

  • To seek legal or law enforcement assistance or remedies to protect their own health and safety or that of a family member, as defined under the DVLA (including a child, spouse, parent, parent-in-law, grandparent, or a person with whom the employee has a dating relationship). This includes, but is not limited to, preparing for or participating in civil or criminal legal proceedings related to a hate crime.
  • To obtain health care treatment from a licensed provider for physical or mental injuries resulting from a hate crime, either for themselves or a family member.
  • To access services from a social services program that provides support or relief in response to a hate crime.
  • To receive mental health counseling related to a hate crime, or to assist a family member in doing so.
  • To engage in safety planning, relocate temporarily or permanently, or take other steps to enhance personal or familial safety in response to a potential future hate crime.

Consistent with preexisting DVLA requirements, employees who are victims of a hate crime are required to provide advance notice of leave under the DVLA in accordance with their employer’s established policies, except in cases of emergency or unforeseen circumstances. In such instances, the employee—or an authorized representative—must notify the employer no later than the conclusion of the first day of leave. Employers should ensure that their leave policies are updated to reflect these requirements, including clearly defined procedures and timelines for requesting non-emergency DVLA leave for hate crimes and other covered reasons.

Although DVLA leave is generally unpaid, employees may elect to use any accrued and available paid sick leave during their absence. Employers are prohibited from refusing to hire a qualified candidate based on their actual or perceived status as a victim of domestic violence, sexual assault, stalking, or a hate crime. Additionally, employers may not retaliate against individuals for exercising their rights under the DVLA, nor may they deny reasonable safety accommodations requested by victims of such offenses.

Employers should revise their leave and accommodation policies to incorporate these expanded protections, ensuring that paid sick leave policies explicitly allow for use in connection with qualifying hate crime-related absences before January 1, 2026.  Further, employers should ensure that relevant personnel are adequately trained on the new protections so that DVLA-covered absences receive the appropriate job protection. This includes safeguarding against the use of such absences in disciplinary actions or in the evaluation of attendance-based incentives.

HB 1213 – Additional Paid Family and Medical Leave Requirements

Beginning January 1, 2026, Washington State will implement significant amendments to its Paid Family and Medical Leave (PFML) program. These changes will expand employee protections and introduce new compliance obligations for employers, particularly those with smaller workforces.

One of the most impactful updates is the phased expansion of job protection eligibility. Starting in 2026, employees who have worked for at least 180 days will be entitled to job restoration if their employer has 25 or more employees. This threshold will decrease to 15 employees in 2027 and to 8 employees in 2028. Employers who previously fell outside the scope of PFML job protection requirements will need to prepare for these new obligations.

Another key change involves the continuation of health insurance benefits. Employers will be required to maintain existing health coverage for employees on PFML leave, provided the employee qualifies for job protection. This aligns PFML more closely with federal FMLA standards and ensures continuity of benefits during leave.

The minimum duration for PFML claims will also be reduced. Currently, employees must take at least eight consecutive hours of leave to file a claim. Beginning in 2026, the minimum claim duration will drop to four hours, allowing for more flexible use of leave.

Employers should also be aware of new notification requirements related to combining PFML with federal FMLA leave. Employers cannot force employees to take PFML, which could potentially allow employees to “stack” FMLA leave with PFML. HB 1213 addresses this by extending employment protection to any period of unpaid FMLA leave where the employee was eligible for PFML, but did not use it. To enforce this, employers must provide written notice of leave allotments within five business days of an FMLA request and continue issuing monthly updates throughout the leave period.

Additionally, the amendments introduce an affirmative reinstatement requirement. Employees must actively exercise their right to return to work at the end of their leave. If they fail to do so, they may forfeit their reinstatement rights under certain conditions. Employers will be responsible for notifying employees of these rights and providing clear instructions for returning to work.

HB 1213 also adds new items that must be included in the PFML notice an employer must post, including eligibility requirements, weekly benefits, application processes, employment protection rights, nondiscrimination rights, and other protections. The Washington Employment Security Department is expected to provide new posters before the law’s effective date, which will be found here.

Employers should begin reviewing and updating their leave policies, procedures, and employee communications to ensure compliance with the revised PFML program. This includes adjusting job protection thresholds, updating health benefit continuation practices, and implementing new notice protocols related to FMLA and reinstatement rights.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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