With the close of the 2025 Washington state legislative session, it is time to review the new employment laws and amendments that will affect businesses operating in Washington. Many of these changes take effect on July 27, 2025, while others will become effective in the new year. Employers are encouraged to consult experienced counsel regarding these updates. Topics covered this session include:
- Notice requirements for mass layoffs or business closures
- Driver's license requirements in job applications
- Employee access to personnel files
- Expansion of paid sick leave for immigration proceedings
- Amendments to Equal Pay and Opportunities Act and pay transparency job posting requirements
- New paid family and medical leave requirements
- Expanded access to leave and safety accommodations for hate crime victims
- Consideration of job applicants' and employees' criminal records
New Notice Requirements for Mass Layoffs or Business Closures
Effective: July 27, 2025 | E2SSB 5525
Summary: Washington's new "mini-WARN" law requires employers with 50 or more employees to provide 60 days' advance written notice of mass layoffs or business closures to the Washington Employment Security Department (ESD) and affected employees or their bargaining representatives. Notice to the ESD must include names and addresses of affected employees. Employees on leave under the Washington Paid Family and Medical Leave (PFML) law are protected from mass layoffs, with limited exceptions for unforeseeable business circumstances or natural disasters. For more information, see our prior Update here.
Action item: Monitor workforce reduction plans, terminations, or business closures and ensure compliance with both state and federal WARN notice requirements.
Driver's License Requirements
Effective: July 27, 2025 | SB 5501
Summary: Employers may not require a valid driver's license as a condition of employment or state in job postings that a license is required, unless driving is an essential job function or related to a legitimate business purpose. Violations may result in statutory damages of $5,000 or actual damages, plus interest and attorneys' fees.
Action item: Review and update job applications, postings, descriptions, hiring procedures, handbooks, and policies for compliance.
Employee Access to Personnel Files
Effective: July 27, 2025| SHB 1308
Summary: Employers must provide current or former employees (or their designees) with a copy of their personnel file and a written statement of discharge date and reason within 21 calendar days of request at no cost. The law defines "personnel file" to include all job application records, performance evaluations, nonactive or closed disciplinary record, leave and reasonable accommodation records, payroll records, and employment agreements. This differs from Washington Department of Labor and Industries guidance, which defines personnel files more broadly. The law creates a private right of action for noncompliance, with statutory damages and attorneys' fees.
Action item: Establish procedures for timely response to personnel file and termination statement requests.
Expansion of Paid Sick Leave for Immigration Proceedings
Effective: July 27, 2025 | HB 1875
Summary: Employees may use Washington paid sick leave to prepare for or participate in judicial or administrative immigration proceedings involving themselves or family members. Employers may request verification, but documentation must not disclose personally identifiable immigration information.
Action item: Update sick leave policies and train HR staff on new qualifying uses and documentation requirements.
Amendments to Equal Pay and Opportunities Act, Pay Transparency Job Posting Requirements
Effective: July 27, 2025 | SB 5408
Summary: This law amends Washington's Equal Pay and Opportunities Act (EPOA) which, in part, requires employers to disclose compensation and benefits information in job postings. Employers must receive written notice of a violative job posting before a lawsuit is filed and have five days to cure it. The law also clarifies wage disclosure requirements for internal transfers and promotions. For more information, see our prior Update here.
Action item: Ensure job postings comply with EPOA and establish procedures for prompt response to written notices of noncompliance.
Coming in 2026
New Paid Family and Medical Leave Requirements
Effective: January 1, 2026 (contingent on funding)| HB 1213
Summary: Significant amendments to Washington's PFML program will take effect January 1, 2026, pending funding appropriations. Key changes include:
- Expanded job restoration protection. Job protection will be phased in for employees of smaller employers. Starting in 2026, employees who have worked at least 180 days for an employer with 25 or more employees will be eligible for job protection. This threshold drops to 15 employees in 2027 and 8 employees in 2028.
- Continuation of health benefits. Employers must maintain existing health insurance benefits for employees on leave, provided the employee is eligible for job protection.
- Reduced minimum claim duration. The minimum claim duration for PFML will decrease from eight consecutive hours to four hours.
- Restrictions on leave stacking. Employees may not stack leave under the federal Family and Medical Leave Act (FMLA) and PFML unless expressly permitted by the employer. Employers must provide written notice of leave allotments within five business days of an FMLA request or use and monthly thereafter during the leave period.
- Affirmative reinstatement requirement. Employees must affirmatively exercise their right to job reinstatement or risk forfeiting that right in certain circumstances.
- Notice of reinstatement rights. Employers are required to notify employees of their right to reinstatement and return to work.
Action item: Employers should review and update leave policies, procedures, and postings to ensure compliance with the new requirements, including job protection thresholds and notice obligations, if the amendments are funded.
Expanded Access to Leave and Safety Accommodations for Hate Crime Victims
Effective: January 1, 2026| SB 5101
Summary: Washington's Domestic Violence Leave law is expanded to cover victims (and family members of victims) of hate crimes, including those committed online. Employers must provide reasonable unpaid leave and safety accommodations to these individuals, absent undue hardship. This law effectively broadens the reasons for which employees may use Washington paid sick leave, as qualifying leave under the Washington Domestic Violence Leave law now includes hates crimes.
Action item: Employers should update leave and accommodation policies to reflect the expanded protections and ensure paid sick leave policies permit use for qualifying hate crime-related leave.
Consideration of Job Applicants' and Employees' Criminal Records
Effective: July 1, 2026(employers with 15 or more employees) and January 1, 2027 (employers with fewer than 15 employees) | EHB 1747
Summary: Amendments to Washington's Fair Chance Act further restrict employer consideration of criminal records:
- Criminal record inquiries. Employers may not automatically disqualify applicants based on criminal records or inquire about criminal history until after a conditional job offer is made.
- Adverse action process. Employers cannot take adverse action based on arrest records (excluding an adult arrest in which an individual is out on bail or released on their own personal recognizance pending trial) or juvenile convictions. Adverse action based on adult convictions is only permitted for legitimate business reasons. Employers must notify the individual of the specific record being considered, keep the position open for at least two business days to allow a response, and, if proceeding, provide a written explanation detailing the decision and consideration of mitigating factors.
Action item: Employers should revise job postings and tailor hiring processes to comply with the new requirements, including updated adverse action procedures and documentation.
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.
