Washington: Legislative Updates
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Quick Look
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Discussion
The Washington state legislative session has been busy with a number of new laws enacted. Below is a summary of the most notable.
State WARN Act
Effective July 27, 2025, Washington’s Securing Timely Notification and Benefits for Laid-Off Employees Act (WA WARN) will require employers to provide advance notice prior to mass layoffs and closures. The requirements are more expansive and cover more employees than the federal Worker Adjustment and Retraining Notification Act (WARN). The law will apply to employers with 50 or more employees in the state. Part-time employees are included in the employee count.
Covered employers would have to provide advance 60-day written notice to employees and the Washington Employment Security Department (ESD) for the closure of a business, either permanent or temporary, or a mass layoff. A mass layoff is a “reduction in employment force that is not the result of a business closing and results in an employment loss during any 30-day period of 50 or more employees, excluding part-time employees.” The written notice would include the requirements of the federal WARN notice, as well as:
- The name and contact information of the company official to contact regarding the site of the closure or mass layoff.
- Statement of whether the closure or layoff is permanent or temporary and whether it will last longer or shorter than three months, if temporary.
- Expected date of first employment loss and anticipated schedule for additional losses.
- Job titles and names of affected jobs (addresses included in notice to ESD).
- Whether the closure or mass layoff is the result of relocation or contracting out of affected positions.
A few exceptions apply. Notice is not required if the employer is actively seeking capital or business, the closure or reduction in force is not reasonably foreseeable, it is due to a natural disaster, or for limited-duration construction projects. Also, an employer is not permitted to include an employee taking paid family or medical leave under the state’s leave law in a mass reduction in force.
Violations of the law can include back pay assessed for each day notice was not provided and the value of the cost of benefits had employment not been lost. The ESD can also assess $500 for each day of the violation. Affected employees also have a private right of action.
Consequences for Noncompliant Job Postings Limited
Effective July 27, 2025, SB 5408 allows employers to include a fixed wage rather than a wage range in compliant job postings. Employers are also not liable for postings that are digitally replicated and published without their consent. More importantly, the amendment allows employers, from the amendment’s effective date to July 27, 2027, to correct violations before a job applicant can seek remedies. If the employer receives a written notice of noncompliance, the employer can correct the posting within five business days of receipt of the notice, including contacting any third-party posting entities.
If the posting is corrected within this time frame, the employer is relieved from penalties, damages, or other relief under the law. For complaints made to the Director of the Department of Labor & Industries, the Director will attempt to resolve violations first by conference and conciliation and may then issue a citation and assess statutory damages of no less than $100 and no more than $5,000 per violation. Factors in determining the amount of the damages include: whether the violation was committed willfully or the violation is a repeat violation; the size of the employer; the amount necessary to deter future noncompliance; the purposes of the law; and any other factor deemed appropriate by the Department. The Director also has the right to assess a civil penalty of up to $500 for a first violation or up to $1,000 for a repeat violation. A private civil action brought by an applicant or employee may result in statutory damages of no less than $100 and no more than $5,000 per violation, plus reasonable attorneys’ fees and costs.
Access to Personnel Records
Effective July 27, 2025, HB 1308 amends the current law allowing employees to inspect their personnel files to add more clarity. First, the definition of a personnel file is now inclusive of job applications, performance evaluations, nonactive or closed disciplinary records, payroll records, and employment records. Employers must now provide a copy of the file within 21 calendar days after an employee, former employee, or their designee requests the file at no cost. In addition, an employer must provide a signed, written statement within 21 calendar days of a written request stating the effective date of discharge and stating the reasons for discharge, if the employer had a reason.
Protection from Workplace Coercion Based on Immigration Status
Effective July 1, 2025, SB 5104 protects employees who are coerced based on the employee’s immigration status in furtherance of the employer committing violations of wage payment requirements, labor requirements, or any other labor and employment requirements. “Coercion” is 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. A “threat” is any explicit or implicit communication that specifically pertains to the employee’s or their family member’s immigration status made to deter the employee from engaging in protected activities or exercising a right under the law.
Employees who believe their rights were violated can file a complaint with the Department of Industries within 180 days of the alleged coercive action. The Department will investigate the complaint and has the authority to assess a civil penalty for each coercive act. The first violation results in a penalty of $1,000. The second violation results in a penalty of $5,000. All subsequent violations result in a penalty of $10,000.
Action Items
- Provide written advance notice of closure or mass layoff, if applicable.
- Review and update job postings.
- Review and update procedure for providing access to personnel files.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase