Recently, Washington State legislators passed several new and amended employment bills, which Governor Ferguson signed, enhancing protections for employees and increasing potential liability for employers. Employers need to be aware of the following 12 laws that go into effect between July 1, 2025, and July 27, 2026.
I. Amended Law Taking Effect on July 1, 2025
a. Amendment to Minimum Wage Requirements and Labor Standards, SSB 5104
Effective July 1, 2025, Washington law has been amended to protect employees from exploitation based on a worker’s immigration status. Employers can be subject to civil penalties ranging from $1,000 to $20,000. Employers are prohibited from coercing an employee in furtherance of the employer violating wage payment, conditions of labor, or agricultural labor requirements. Employees can file a complaint with Labor & Industries within 180 days of the alleged coercive action, and this time period may be extended for “good cause.”
II. Amended or New Laws Taking Effect on July 27, 2025
a. Amendments to Employee Personnel File Access, HB 1308
The legislators made significant amendments to RCW 49.12.240 and 250, the statutes that govern employees’ access to their personnel file. The amended statute identifies the following documents that are to be maintained as part of a personnel file and are to be provided to the employee upon request: job application, performance evaluations, non-active or closed disciplinary records, leave and reasonable accommodation records, payroll records, and employment agreements. In addition, the amended statute now identifies that an employer has to produce the personnel file to the employee within 21 calendar days of an employee’s or former employee’s request.
The amended statute further requires employers, upon written request, to provide former employees with a written statement of the date of the former employee’s termination and the employer’s reason for termination. This requirement is duplicative of what is required under Washington Administrative Code 296-126-050.
The amended statute’s most significant impact on employers is the creation of a private right of action allowing employees to recover attorney’s fees and statutory damages. Prior to initiating a lawsuit, the employee must provide the employer with five (5) calendar days’ notice of intent to sue. The employee must include the initial request for a copy of the personnel file with the notice. The statutory damages associated with the employer failing to produce the personnel file or reason for termination within the prescribed time range from $250 to $1,000 if provided after 35 calendar days of the request. For any other violations of this statute, the penalty is $500.
b. Amendments to the Paid Sick Leave Act, SHB 1875
The amendment to the Washington Paid Sick Leave Act, effective July 27, 2025, provides additional provisions related to employees and transportation network company drivers engaging in immigration-related hearings for themselves and/or family members. The law will allow employees and transportation network company drivers to use paid sick leave to prepare for, or participate in, any legal proceeding involving the employee, driver, or their family member. The person may be required to verify the reasons for using the sick leave, including a sign-off by appropriate professionals, but such documentation must not disclose any personally identifiable information about the person’s immigration status or underlying immigration protection.
c. Amendments to the Equal Pay and Opportunities Act, SSB 5408
The legislature made significant amendments to Washington’s Equal Pay and Opportunities Act (EPOA), which go into effect on July 27, 2025. First, the amendment addresses third-party postings made without an employer’s consent by preventing a “solicitation for recruiting job applicants that is digitally replicated and published without an employer’s consent” from being actionable by an applicant. Second, the job posting may disclose a fixed wage amount instead of a wage range if the employer is offering a fixed wage amount only. Third, the EPOA will now afford employers an opportunity to cure any non-compliant job postings before an applicant can pursue remedies. For jobs posted July 27, 2025, through July 27, 2027, the applicant must provide the employer notice of the noncompliant job posting. The employer then has five business days to cure. If the job posting is corrected, and, where applicable, the employer contacts the third-party that posted the job demanding correction, no damages or penalties can be assessed. Employers are recommended to include a direct contact person on job postings to ensure applicants contact the correct person or persons.
Finally, the EPOA amendment includes significant changes to the remedies. If the applicant prevails, the applicant is entitled to no less than $100 and no more than $5,000 per violation, plus attorneys’ fees and costs. In determining the amount, the court should consider: (1) whether the violation was committed willfully or is a repeat violation; (2) the size of the employer; (3) the amount necessary to deter future noncompliance; (4) the purpose of the EPOA; and (5) any other factor deemed appropriate. The court may also order actual damages, reinstatement, injunctive relief, or other appropriate remedies. Applicants may also pursue claims before Labor & Industries but must choose between Labor & Industries and the court.
d. New Law Limits Requiring Driver’s Licenses for Employment, SSB 5501
The legislature passed a new law, effective July 27, 2025, making it unlawful for employers to require a valid driver’s license as a condition of employment or include a statement in a job posting that an applicant must hold a valid driver’s license. The two exceptions justifying the requirement for a driver’s license are if driving is an essential function of the position or if it is related to a legitimate business purpose for the position.
Employers are encouraged to review all current and active job postings to make sure there is no requirement that the applicant have a driver’s license and amend the posting if such language exists. Employers should also identify the job positions where driving is an essential function or there is a legitimate business purpose and update the job descriptions stating so.
e. Washington Passes WA-Warn Act, SSB 5525
Effective July 27, 2025, the “Securing Timely Notification and Benefits for Laid-Off Employees Act,” or Washington’s “WARN Act” (WA-WARN Act), will go into effect. The WA-WARN Act requires employers with 50 or more full-time employees to provide 60 days’ advance written notice to the state, unions, and affected employees of a certain business site closing or mass layoff. A “mass layoff” under the WA-WARN Act occurs when 50 or more employees are laid off, rather than the federal requirement of 33%. The notice requirement is more expansive than the federal notice and must identify the name and address of the site conducting the closing or layoff; contact information for company officials to contact for further information; a statement whether the action is expected to be permanent or temporary, and how long; a schedule of employment losses; job titles, positions, and names of affected employees; and whether the layoff or closing will result in relocation or contracting out of the employer’s operations or employees’ positions. Unless the employer is excused from notification, employers cannot include employees currently on paid family or medical leave in a layoff under Washington’s Paid Family Medical Leave Act.
The WA-WARN Act provides for private causes of action for violations. Damages available include backpay up to 60 days, the value of the cost of any lost benefits, and reasonable attorneys’ fees and costs. Washington’s Employment Security Department can also issue civil penalties of up to $500 per day for failure to notify the state.
Given the complexities of the WA-WARN Act, attorneys from GRSM’s Seattle Employment practice are preparing a separate article that will compare and contrast the WA-WARN Act with the federal WARN Act.
III. Amended or New Laws Taking Effect on January 1, 2026
a. Amendments to the Paid Family Medical Leave Act, HB 1213
The legislature expanded Washington’s Paid Family Medical Leave Act (PFMLA) in several significant ways. A critical amendment is the revised requirements for job protection or job restoration for employees. Prior to this amendment, receiving PFMLA funds did not necessarily mean that the employee had job protection. For an employee to have job protection, the employee had to meet the requirements under the federal Family Medical Leave Act (FMLA). These requirements include performing 1,250 hours of work for their employer within 12 months prior to the start of leave, and the employer having a minimum of 50 employees. Under the amendment, PFMLA job restoration rights will apply to employees of covered employers so long as the employee begins employment with their current employer at least 180 calendar days before taking leave. The amendment also takes out the hours worked requirement for job protection. A covered employer for small employers will be phased in with job restoration rights becoming effective on January 1, 2026, for employers with 25 or more employees; January 1, 2027, for employers with 15 or more employees; and January 1, 2028, for employers with eight or more employees.
This amendment takes effect on January 1, 2026. Attorneys from GRSM’s Seattle Employment practice will prepare a separate article providing further detail of the job protection amendment, as well as the amendments related to stacking of job-protected leave, exercising right to reinstatement and employer-required notice, reduced claim duration, expanded health insurance benefits, and notice and poster requirements.
b. Amendments to the Washington Domestic Violence Leave Act, SSB 5101
Effective January 1, 2026, employees or a family member who became a victim of a hate crime may take reasonable paid or unpaid leave from work or request a reasonable safety accommodation. Hate crime is defined as assault, damage, destruction of property, or the threat of violence because of a person’s perception of another person’s specific characteristics, including race, gender, or religion. Hate crimes may be committed through online or internet-based communications. Similar to domestic violence leave, the leave is available for legal or law enforcement assistance and court proceedings, medical and psychological help, assistance from social services, safety planning, and relocation. Examples of safety procedure accommodations include a job transfer or reassignment, changing work telephone or email, or the implementation of safety procedures.
c. Amendment to Unemployment Insurance Benefits Expanded to Striking Workers, SSB 5041
Beginning January 1, employees who are unemployed due to a strike or an employer-initiated lockout may receive up to six weeks of unemployment insurance benefits. There is a one-week waiting period before benefits will be provided, so benefits would start 15 to 21 days after the strike begins. If the contract is resolved before the 15 to 21 days, no benefits would be issued. This bill has a sunset clause of December 31, 2035. The bill also requires the Employment Security Department to produce an annual report on the number of strikes occurring within Washington and the impact of strikes on the unemployment insurance trust fund.
d. Amendment to Meal & Rest Period Law, SHB 1879
Effective January 1, 2026, hospital employees may voluntarily and mutually agree to waive a meal period if the shift is less than eight hours or may waive the second and/or third meal period in a shift that is eight hours or more, as long as the employee receives one meal period during the shift. Hospital employees may also waive the requirement that meal periods occur between hours two and five of a shift, as long as the employee takes a meal period between the third hour worked and no later than the second-to-last hour scheduled.
IV. Amended or New Laws Taking Effect on July 27, 2026
a. Amendments to Washington’s Fair Chance Act Expanding Protections for Applicants and Employees, HB 1747
The Fair Chance Act has been amended to impose additional obligations on employers that consider criminal records of job applicants or employees. For most employers, the amendment goes into effect on July 27, 2026. Under the amendment, employers may no longer inquire about criminal records before first extending a conditional job offer; take a tangible adverse employment action based on an applicant’s or employee’s arrest record (excluding an adult arrest where the individual is out on bail or released on their own personal recognizance pending trial) or juvenile conviction record; or take a tangible employment action based on an applicant’s or employee’s adult conviction record, unless the employer has a legitimate business reason for taking such action.
Employers will be required to provide a written pre-adverse notice to the applicant or employee before taking a tangible employment action. The employer must then hold the position open for two business days to provide the applicant or employee a reasonable opportunity to correct or explain the record or to provide information on the employee’s or applicant’s rehabilitation and good conduct. Should the employer take tangible adverse action based on the criminal background, the employer must provide the individual with a written decision that includes the employer’s legitimate business reason and the employer’s consideration of the applicant’s description of their rehabilitation and good conduct.
This statute will be enforced by the Attorney General’s office. The maximum monetary penalties for administrative sanctions are $1,500 for the first violation, $3,000 for the second violation, and $15,000 for each subsequent violation. The penalties are imposed per aggrieved job applicant or employee.
At a later date, attorneys from GRSM’s Seattle Employment practice will prepare a more detailed article on the Fair Chance Act, including the definition of legitimate business interest and the notice requirements.
V. Amended or New Laws Taking Effect on January 1, 2027
a. Amendment to Healthy Starts Act, SSSB 5217
The Healthy Starts Act (HSA), which originally went into effect in 2017, has been updated and will become effective on January 1, 2027. The HSA will now apply to employers with one or more employees. The amendment expands the flexible scheduling requirement to postpartum visits, and lactation breaks will be required to be paid breaks, including if the break requires traveling to a different location. Lactation breaks are in addition to meal and rest breaks, and employees cannot be required to use paid leave for the breaks. Enforcement of the HSA will no longer be under the purview of the Attorney General’s Office. It will now rest with the Department of Labor & Industries.
VI. Recommendations for Employers
In addition to the bolded recommendations raised above, employers should contact employment counsel for guidance on implementing or updating policies, procedures, and handbooks related to these new laws. It is further recommended that employers immediately notify their Human Resource team and managers of the new laws and begin to update the Employee Handbooks, audit personnel files to ensure that the identified personnel documents listed above in Section II (a) are included in every employee’s file, and ensure that background checks are in compliance with the amended Fair Chance Act by reviewing the hiring process guidelines, updating any conditional job offer templates, and preparing pre-adverse and adverse action notices.
For questions about how these laws may impact your organization, please contact Sarah Turner, Nicole Demmon, or your GRSM employment attorney.