Summary
Employers operating in Washington State must take steps quickly to comply with a slew of new labor and employment laws passed by the Washington State Legislature during the recent session. These new laws significantly expand the Paid Sick Leave Act, the Fair Chance Act, the Paid Family Medical Leave Act, the Equal Pay and Opportunities Act, the Domestic Violence Leave Act, and the Healthy Starts Act. These laws also provide new employee protections and remedies, such as a mini-WARN Act, unemployment benefits for striking workers, access to personnel files, and limits on requiring driver's licenses. With some laws becoming effective in July 2025, every Washington employer, HR professional, and legal adviser should prepare now.
The Upshot
- Effective July 27, 2025, the Washington State Legislature expanded the Paid Sick Leave Act and the Fair Chance Act, adopted a mini-WARN Act, expanded employee protections for personnel files, and regulated employee driving requirements.
- The Legislature adopted a welcome change to the Equal Pay and Opportunities Act by granting employers a limited right to cure noncompliant job postings, and clarified that employers are not liable for third-party postings without their consent.
- The expansion of Paid Family and Medical Leave, access to unemployment insurance for striking workers, and domestic violence leave to cover victims of hate crimes all go into effect on January 1, 2026.
- Finally, changes to pregnancy-related accommodations in the Healthy Starts Act become effective on January 1, 2027.
The Bottom Line
Washington employers must be prepared to update current policies and practices so they can meet their new legal obligations, some of which take effect next month.
1. Paid Sick Leave Expansion (ESHB
1875)
Effective July 27, 2025, employees who are eligible for Washington
Paid Sick Leave will be able to use their paid sick leave to
prepare for, or participate in, any judicial or administrative
immigration proceeding involving the employee or employee's
family member. Under the law, employers and network transportation
companies must accept certain documentation or the employee's
written statement as certification that an employee is using paid
sick leave for an immigration proceeding. This expansion adds to
the growing list of reasons employees can use employer-mandated
paid sick leave in Washington, including for employees' own
illness or injury, to care for a family member's illness or
injury, or when employees' place of work, their child's
school, or their child's place of care is closed for a
health-related reason.
2. Ban the Box Expansion (EHB
1747)
Effective July 27, 2025, EHB 1747 significantly expanded
Washington's Fair Chance Act to provide additional protections
for applicants and employees. These changes resemble protections
under the City of Seattle's Fair Chance Employment Ordinance.
Under the expansion:
- An employer may not categorically exclude applicants with criminal records from consideration, nor may they ask questions or obtain information about an applicant's criminal history record until the employer determines that the applicant is otherwise qualified for the position and makes an employment offer conditioned on obtaining the applicant's record. Employers cannot reject an applicant for failing to disclose a criminal record before receiving a conditional employment offer.
- An employer may not take a tangible adverse employment action based on an applicant or employee's arrest record or juvenile record.
- Nor can an employer take a tangible adverse employment action based solely on an applicant or employee's adult conviction record unless the employer identifies one of the law's legitimate business reasons for the adverse action.
- Employers must hold the position open for two business days for the employee to provide a response before taking adverse employment action. Employers who choose to move forward must explain their decision in writing, including the specific legitimate business reasons.
- Certain employers are exempt, including employers who hire individuals who have unsupervised access to children or vulnerable adults, and law enforcement and criminal justice agencies.
3. Employer Requirements for Driving (SSB
5501)
Starting July 27, 2025, unless driving is one of the essential
functions of a job or is related to a legitimate business purpose
for a position, it is unlawful to (a) require a valid driver's
license as a condition of employment or (b) include a statement in
a job posting for a job opening that an applicant must have a valid
driver's license. Under the new law, a complainant may recover
statutory damages of $5,000 per violation, and the Department of
Labor and Industries may recover civil penalties of up to $1,000.
In anticipation of this law's effective date, employers should
carefully scrutinize any job postings or job descriptions that
require a driver's license. Employers can justify the
requirement only if driving is an essential function of the
position or if it is related to a legitimate business purpose for
the position.
4. Access to Personnel Records; Statement of Reason for
Discharge (SHB
1308)
Current law requires an employer to provide personnel files within
a "reasonable period of time" when employees or former
employees request them, with no enforcement mechanism. Beginning
July 27, 2025, if a private employer fails to provide their
personnel file within 21 calendar days of request, employees and
former employees can file suit and seek statutory penalties.
Fortunately, the employer must first be provided notice of intent
to sue. Importantly, the new law also states that "personnel
file" includes all job applications, performance evaluations,
disciplinary records, reasonable accommodation records, payroll
records, and employment agreements if the employer creates such
records. This same legislation imposes a 21-day timeline and
penalties on private employers who receive a written request for a
statement of reasons for discharge and fail to timely respond.
Employers should consult with counsel upon receiving a request for
a personnel file or statement of reason for discharge because the
request may mean a claim is forthcoming.
5. Mini-WARN Act for Mass Layoffs and Business Closing
Notifications (ESSB
5525)
The federal Worker Adjustment and Retraining Notification
(WARN) Act requires certain employers to provide employees with a
60-day advance notification of a plant closing or mass layoff.
Washington joins a number of states that have adopted a state-level
"Mini-WARN Act." Effective July 27, 2025, employers with
50 or more full-time employees may not order a business closing or
a mass layoff until 60 days after the employer provides written
notice (which contains all required elements) to the Employment
Security Department (ESD) and to the affected employees (or if the
employees are represented, to the employees' bargaining
representative). Save for a few limited exceptions where notice is
not required, an employer may not include an employee in an order
of a mass layoff if the employee is currently on paid family or
medical leave. Failure to provide the required notice may result in
civil penalties, back pay, and the value of the cost of any
benefits to which the employee would have been entitled. Click here for our blog post for more on this new
law.
6. Amendments to the Equal Pay and Opportunities Act
(SSB 5408)
Since its enactment in 2018, numerous class actions have
been filed seeking damages from employers who did not comply with
the technical job posting requirements under the Equal Pay and
Opportunities Act (EPOA). In the good news category for employers,
the Washington Legislature has granted some limited relief. First,
the definition of "posting" now excludes solicitations
for recruiting job applicants that are digitally replicated and
published without an employer's consent. Second, the law
creates a separate administrative enforcement mechanism through the
Department of Labor and Industries (L&I) and a private right of
action for job applicants and employees. Third, and most
importantly, employers now have a limited right to cure
noncompliant postings. For any job postings from July 27, 2025,
through July 27, 2027, employers must be afforded an opportunity to
correct a violation before a job applicant may seek administrative
remedies or file a private right of action in court. Any person may
provide written notice to an employer alleging that the
employer's posting does not comply with the disclosure
requirements. If the employer corrects the posting within five
business days of receiving the written notice (and, where
applicable, contacts any applicable third-party posting entity with
a demand to correct the posting), then neither L&I nor a court
may assess or award penalties, damages, or other relief for the
violation. However, after July 27, 2027, employers will no longer
have an opportunity to correct noncompliant postings. Finally, if
an employer is only offering a fixed wage amount for a job opening,
then the employer must disclose a fixed wage amount rather than a
scale or range.
7. Paid Family and Medical Leave Act Expansion
(E2SHB 1213)
Currently, all eligible employees may receive paid leave
benefits under Washington's Paid Family and Medical Leave Act
(PFML) administered by the Employment Security Department (ESD).
Effective January 1, 2026, the PFML program will be amended in
three significant ways:
- Concurrent Job Protected Leaves Under FMLA and PFML. In welcome news to many employers, the new law provides a mechanism for employers to run leave under the federal Family and Medical Leave Act (FMLA) concurrently with PFML for employment restoration purposes. If an employee chooses to take FMLA leave when they could also have applied for and received PFML benefits, an employer can start running the PFML leave "clock" for employment restoration purposes. An employer may only do so if the employer satisfies the new law's technical notification requirements. Employers wishing to utilize this mechanism when the amendment becomes effective on January 1, 2026, should start reviewing their policies, notice forms, training, and procedures so they are ready for the new changes. Employers may wish to consult with counsel on how best to coordinate leave benefits for their workforce.
- Expanded Job Restoration. The new law also
expands which employees are entitled to employment restoration
under the PFML. Currently, employers with 50 or more employees are
required to restore employees to their job, if they were employed
with their current employer for at least 12 months and worked for
the current employer at least 1,250 hours in the prior year. This
will change starting on January 1, 2026, when the law will be
implemented in phases to cover smaller employers. PFML job
restoration rights will apply to employees of covered employers so
long as the employee began employment with their current employer
at least 180 calendar days (not 12 months) before taking leave. The
amendment also omits the hours worked requirement for job
protection.
Effective Date of Job Restoration Obligations Covered Employers January 1, 2026 25 or more employees January 1, 2027 15 or more employees January 1, 2028 8 or more employees - Grant Application Expansion. Finally, employers with 50 to 150 employees may now apply to the Department of Labor and Industries for grants to assist with the economic burdens of employees taking paid family and medical leave. Employers with fewer than 50 employees may still apply for grants as well, but separate conditions apply.
8. Unemployment Insurance for Striking Workers
(ESSB 5041)
Washington will become the third state to extend
unemployment insurance benefits to striking workers, joining New
York and New Jersey (legislation is also pending in Oregon). On
January 1, 2026, individuals who are unemployed due to a strike or
an employer-initiated lockout may receive up to six weeks of
unemployment insurance benefits. Any weekly benefits received
unrelated to the individual's unemployment due to a strike may
not be counted toward the six calendar weeks. Depending on the date
the strike begins (and following a one-week waiting period),
workers may become eligible for unemployment insurance benefits
between 15 and 21 days after the strike begins. However, the new
law is set to expire on December 31, 2035. After the December 31,
2035 sunset, the provisions disqualifying workers for the duration
of a strike and workers based on a lockout will be reinstated.
9. Domestic Violence Leave Expansion for Victims of Hate
Crimes (SSB 5101)
Leave and safety accommodations under the Washington
Domestic Violence Leave Act have been expanded to include victims
of hate crimes. Beginning January 1, 2026, employees may take
reasonable paid or unpaid leave from work or request a reasonable
safety accommodation if the employee or the employee's family
member is a victim of a hate crime. Employers may not discriminate
or retaliate against an employee because the employee is a victim
of a hate crime. "Hate crime" means the commission,
attempted commission, or alleged commission of an offense described
in RCW 9A.36.080 (i.e., an assault, damage or
destruction of property, or threat committed because of a
person's perception of another person's specified
characteristics, including race, gender, or religion). "Hate
crime" also includes offenses that are committed through
online or internet-based communication. Employers should update
their domestic violence leave policies and paid sick leave policies
to address this amendment.
10. Pregnancy-Related Accommodations Expansion
(E2SSB
5217)
The Healthy Starts Act was expanded to include additional
pregnancy-related workplace accommodations, effective January 1,
2027. With the amendments, the Act now applies to all employers who
employ one or more persons, and to any religious or sectarian
organization not organized for private profit. Reasonable
accommodations now include scheduling flexibility for postpartum
visits. Importantly, employers are now required to pay employees
for break time to express milk. Employers who do not have a private
location other than a bathroom are also required to pay for travel
time to the location. Employees cannot be required 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.
Authority to investigate and enforce complaints for an
employer's failure or refusal to make a reasonable work
accommodation for pregnancy was transferred from the Washington
Office of the Attorney General. L&I must adopt rules to
implement the Act. Finally, individuals who are breastfeeding or
expressing breast milk for an infant under 24 months old may
request to delay or be excused from jury service if they attest
that they are unable to serve for this reason, and courts are
required to grant this request.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
