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Previous Updates
- Require employers of certain isolated workers to provide training and keep records on the use of panic buttons;
- Modify the definition of isolated worker;
- Impose new specifications for the design and capabilities of panic buttons; and
- Implement new enforcement procedures and civil penalties.
- The premium rate will increase to 1.13%.
- Employers will pay 28.57% of the total premium and employees will pay 71.43%.
- Businesses classified by the Employment Security Department as having fewer than 50 employees for the 2025 calendar year are not required to pay the employer portion of the premium.
- Notify your employees the new rate applies to wages paid on or after January 1, 2026. Washington Paid Family and Medical Leave (PFML) will update the employer toolkit, including the mandatory poster in December. These resources, and for a refresher on responsibilities, are available on the Employer Roles and Responsibilities page at paidleave.wa.gov/employer-roles-responsibilities.
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Removing "every three years" from the requirement to develop and implement a workplace violence prevention plan;
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Clarifying that the "annual" plan review must be conducted "at least once per calendar year";
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Providing that the plan review and update may be conducted by the safety or workplace violence committee, if applicable;
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Requiring a timely investigation of every workplace violence incident; and
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Requiring a review of the incident to identify factors contributing to or causing workplace violence.
https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bill%20Reports/House/1162-S2%20HBR%20SA%2025.pdf
https://app.leg.wa.gov/rcw/default.aspx?cite=49.76&full=true
- The Hotel Employees Job Retention Ordinance- Requires certain actions to reduce job insecurity when there is a change in ownership. The ordinance takes effect for smaller ancillary hotel businesses (between 50 and 250 employees) on July 1, 2025.
- The Improving Access to Medical Care for Hotel Employees Ordinance- Requires employers to provide increased access to medical care. Ancillary hotel businesses with between 50 and 250 employees that contract, lease or sublease with a hotel must comply with the ordinance by the later of July 1, 2025, or the earliest annual open enrollment period for health coverage, if offered, after July 1, 2025.
https://www.seattle.gov/laborstandards/ordinances/hotel-employee-protections
Bill Text: WA SB5501 | 2025-2026 | Regular Session | Chaptered | LegiScan
- Employers can now list a fixed pay amount instead of a wage range if only one amount is offered.
- Job postings replicated without employer consent are not considered official.
- Employers have 5 business days to correct noncompliant postings after receiving written notice, avoiding penalties if corrected timely.
- The law defines two separate remedies: administrative remedies with civil penalties and statutory damages or private civil actions with statutory damages.
- WA WARN requirements apply to employers with 50 or more employees, including part-time employees. However, the threshold for an employer to be covered under the federal WARN Act is 100 full- and part-time employees who work an average of 20 or more hours per week for at least six months in the preceding 12 months or who together work at least 4,000 hours per week.
- While federal requirements are triggered by a mass layoff or plant closing, the new Washington law is also triggered by a business closing, the sale of a business and short-term layoffs that exceed three months (versus six months) in certain circumstances.
- The new state law prohibits employers from including employees who are on state paid family or medical leave in a mass layoff, unless the employer qualifies for an exception from WA WARN (such as for a faltering company, unforeseeable business circumstances, or a natural disaster).
• Job application materials
• Performance evaluations
• Non-active or closed disciplinary records
• Leave and reasonable accommodation documentation
• Payroll records
• Employment agreements
3. Discharge Information for Former Employees:
• The date of discharge
• Whether there was a reason for discharge
• If so, the reason
(Note: This is a modification of an existing requirement under WAC 296-126-050.)
- Investigate Complaints: L&I is authorized to investigate reports of coercion based on immigration status.
- Impose Civil Penalties: Employers found violating the provisions can face civil penalties.
- Ensure Confidentiality: The law mandates that workers' personal information remains confidential, accessible only to L&I and the employee, to protect against retaliation .
The WA Supreme Court reversed the Court of Appeals' decision, which had upheld Freedom Vans noncompete agreement. The Supreme Court held that under RCW 49.62.070, employers who pay employees less than twice the state minimum wage could not broadly restrict these employees from engaging in second jobs or competitive activities. Employers with low-wage employees in Washington should review any non-compete agreements and company policies.
- The premium rate will increase to 0.92%.
- Employers will pay 28.48% of the total premium and employees will pay 71.52%.
- Businesses classified by the Employment Security Department as having fewer than 50 employees for the 2025 calendar year are not required to pay the employer portion of the premium. However, the employee premium must still be collected or the employer pays employees’ premiums on their behalf.
Employers are not required to offer an employee work hours if they would be required to pay the employee overtime or any other premium rate required under any law or collective bargaining agreement.
- Any production quotas to which they are subject;
- Any potential adverse employment action that could result from failure to meet each quota; and
- Any incentives or bonus programs associated with meeting or exceeding each quota.
- Meal or rest periods;
- Use of bathroom facilities; or
- State and federal occupational health and safety laws.
- Requesting information regarding their quota;
- Protection from discrimination or retaliation for failing to meet certain quotas; and
- Filing complaints alleging violations of the quota rules.
In addition, the state ban on noncompete agreements includes any agreement that prohibits accepting or transacting business with a former employer's customers.
The law defines political matters to include those relating to labor organizations, including the decision to join or support a union.
- Allowing pay differentials based on education, training, or experience; seniority systems; merit systems; quality-based pay; quantity-based pay; regional differences; and other business-related factors.
- Comparing pay and advancement decisions between “similarly employed” employees only (i.e., they perform work that requires similar skill, effort, and responsibility).
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Employers – Washington State's Paid Family and Medical Leave
The WA legislature passed an update to the PSL payout for construction workers. Rather than covering all employees of non-residential construction employers in WA, the rule that requires payout of accrued sick leave for any employee who works less than 90 days applies to those who meet the statutory definition:
“Construction worker” means a worker who performed service, maintenance, or construction work on a jobsite, in the field, or in a fabrication shop using the tools of the worker’s trade or craft.
- A minimum payment for each offer;
- Upfront disclosures of offer information and the right to receipts and payment records;
- The right to access the network platform; and
- The right to cancel an offer with cause.
Washington’s PFML program will see a decrease of premium from 0.8% to 0.74% beginning 01/01/2024. Employers with 50 or more employees will pay 28.57% and employees will pay 71.43% of the total premium. Reminder: employers with less than 50 employees are not required to contribute to the employee premium and it is optional. Employers with less than 50 employees must still collect the 71.43% of the contributions from the employee.
Updates – Washington State's Paid Family and Medical Leave
FrankCrum collects and bills the client for contributions for the client to report to the state. Beginning this quarter, hours and wages for PFML and WA Cares will be on one report. If there is no payroll to report, a no payroll report is still required – this is a new requirement. If you need payroll information please reach out to your Payroll Coordinator. Also view the employer reporting checklist below and if you need more help you can send a secure message in your WA PFML benefit account or call 833-717-2273 for assistance on reporting.
- The expiration date;
- The employer's option to request an extension of the special certificate; and
- On request, the contact information for the Washington Department of Social and Health Services (DSHS) and a statement that provides the supportive services available to the individual with disabilities.
Employers are not required to offer an employee work hours if they would be required to pay the employee overtime or any other premium rate required under any law or collective bargaining agreement.
Caste is defined as a system of rigid social stratification characterized by hereditary status, endogamy and social barriers sanctioned by custom, law or religion. Caste is mostly associated with South Asian communities, many of whom live and work in Seattle.
Other jurisdictions may follow with prohibiting caste discrimination, and plaintiffs could bring forward claims under current protected categories such as race and ancestry.
You can read more here.
- For employees - $116,593.18 (up from $107,301.04); and
- For independent contractors - $291,482.95 (up from $268,252.59).
- Clarifying that bereavement leave is available beginning the day after the date of a child's death or the delivery of a deceased child,
- Clarifying that only the employee giving birth is eligible for medical leave taken for the postnatal period related to recovery from childbirth, and
- Providing the circumstances under which leave taken by the employee giving birth for the postnatal period will not be medical leave.
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A written pre-contract disclosure before work begins;
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Timely payment for work performed;
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A written payment disclosure with each instance of compensation; and
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A written notice of their rights under the ordinance.
Paid Family and Medical Leave Act Amended
Effective June 9, 2022, the WA Paid Family and Medical Leave (PFML) Act will be amended to include the following:
- During the six-week postnatal period, an employee who is eligible for benefits based on incapacity due to pregnancy or for prenatal care will count as paid medical leave unless the employee chooses to use paid family leave during that period. However, an employee does not need to obtain certification of a serious health condition.
- Paid family leave may now be used for bereavement purposes during the seven calendar days after the death of a qualifying family member. This leave is permitted for the death of a family member for whom the employee (1) would have qualified for medical leave for the birth of their child, or (2) would have qualified for family leave to bond with their child following their birth or placement.
- The Washington Employment Security Department (ESD) is required to publish on its website a current list of all employers that run their own “voluntary plan” that was approved by ESD.
- Currently, this law does not apply to an employee who was subject to a collective bargaining agreement (CBA) that was in existence on October 19, 2017, until the CBA was reopened, was renegotiated, or expired. The law now applies to CBAs that expire by December 31, 2023.
Silenced No More Act
The Governor has signed a bill into law that prohibits employers from requiring an employee or applicant, as a condition of employment, to sign any agreement that prevents the disclosure of alleged incidents of discrimination, harassment, and other types of conduct in the workplace. ESHB 1795 expands the scope of claims that cannot be tied to nondisclosure agreements and also removes a settlement agreement exception established under a 2018 law. The ban applies to employment agreements and independent contractor agreements.
Existing nondisclosure or non-disparagement agreements entered into before the passage of the law are void and unenforceable.
Learn more about it here.
WA Cares Fund
The Governor postponed the employee premiums of the WA Cares Act to July 1, 2023. Employers do need to maintain any exemption approval letters received from employees. The Governor also signed a second law that creates new voluntary exemptions from the premium collection which include certain veterans receiving VA benefits and non-Washington residents working in the state. There may be other amendments in the coming months. Stay tuned for updates.
WA Cares Fund
As noted in a previous FrankCrum news alert and FranklyHR, beginning January 1, 2022, the law imposes a new employee-paid premium of $0.58 per $100 of earnings. Beginning January 1, 2022, employers are responsible for collecting and remitting these Washington employee premiums (payroll deductions), as well as submitting a quarterly report of these premiums, to the Washington State Employment Security Department (ESD). There is no employer-paid part of the premium. FrankCrum will withhold the required employee contributions on your behalf and credit back to you so you may submit your quarterly reports starting next year*.
Click here for an employee flyer.
Review additional information and resources about the WA Cares Fund in the October issue of FranklyHR (noted further below under October).
*ESD is updating the Paid Leave reporting system so employers will be able to report for both Paid Leave and WA Cares at the same time.
Paid Leave Rate Increase
Paid Family and Medical Leave gives Washington employees a way to take paid time off to care for themselves or a family member. Employees apply for Paid Leave directly with the Washington State Employment Security Department (ESD).
Starting January 1, 2022, the premium rate is 0.6% of each employee's gross wages, not including tips, up to the 2022 Social Security cap ($147,000).
Of this, employers with 50+ employees will pay up to 26.78% and employees will pay 73.22%.
Click here for an employee flyer.
Click here for the required poster.
Washington employers have to file quarterly reports and payment and FrankCrum can provide a file to you. If you would like a file provided by FrankCrum please reach out to your Payroll Coordinator.
Employers can learn more about their role and responsibilities here.
Earnings Requirement for a Noncompete Agreement
Effective January 1, 2022, the amount of minimum earnings required for a noncompete agreement to be enforceable in Washington is increased for inflation as follows:
For employees – to $107,301.04 (from $101,390); and
For independent contractors – to $268,252.59 (from $253,475).
Agricultural Employees
Agricultural employees must be paid one and one-half times their regular rate of pay for all hours worked:
- Over 55 in any one workweek, effective January 1, 2022;
- Over 48 in any one workweek, effective January 1, 2023; and
- Over 40 in any one workweek, effective January 1, 2024 - meaning the overtime exemption for agricultural employees is effectively repealed.
Wage Recovery Act
The Washington Wage Recovery Act becomes effective January 1, 2022. Under the Act, employees can attach a lien (i.e. a legal hold) for allegedly unpaid wages owed in order to secure payment for a wage claim.
Wage claims are broadly defined to include claims for unpaid wages owed to the employee, as well as any other compensation, interest, statutory damages, statutorily mandated paid leave, liquidated damages, attorneys' feels and costs, or statutory penalties. It does not include vacation, severance pay, paid leave not statutorily mandated, or contributions to an employee benefit plan.
In preparation for the Act, employers with existing debt can consult with their bank to review the potential impact. Employers that receive a wage lien, should consult with legal counsel to confirm that the lien is valid and filed correctly. Employers should make sure employees are paid correctly; conduct frequent audits of time and payroll records for compliance; and stay on top of any new changes in state and federal laws.
You can read more about the Act here.
Travel Time for Hourly Employees
The Court of Appeals followed Washington’s DOL’s position that under state law, “all travel time related to work is compensable regardless of the hours when it takes place and includes the time to get to the airport or train station.” Employers should make sure their travel time policies reflect this for their Washington-based employees.
WA Cares Fund
As noted in a previous FrankCrum News Alert, the Long-Term Services and Supports (LTSS) Trust Act, now called the “WA Cares Fund” (or “Fund”) makes Washington the first state in the country to adopt a mandatory, public, state-run long term care insurance program for Washington workers. This is on track for January 1, 2022 implementation and the Washington State Employment Security Department (ESD) has recently been promoting this with postal mailings to employers.
Some of the Highlights:
- The law imposes a new employee-paid premium of $0.58 per $100 of earnings. Beginning January 1, 2022, employers are responsible for collecting and remitting these Washington employee premiums (payroll deductions), as well as submitting a quarterly report of these premiums, to the ESD. There is no employer-paid part of the premium. FrankCrum will withhold the required employee contributions on your behalf and credit back to you so you may submit your quarterly reports starting next year*.
- There is no cap on wages subject to the premium tax (which include bonuses, paid time off, severance, etc.). There is a $36,500 lifetime cap, indexed for inflation, on the benefits an employee can receive so highly compensated employees will help subsidize the program. The WA Cares benefits are available only if the employee receives care in Washington. The benefits become available to qualified, eligible individuals on January 1, 2025.
- Employees can opt out of the WA Cares Fund only if they secure their own private long-term care insurance by November 1, 2021 and they apply for and receive an exemption by December 31, 2022. Applications for exemptions will be available on ESD’s website, but they will be accepted only from October 1, 2021 through December 31, 2022. Employees approved for an exemption will receive a formal exemption approval letter from ESD. Employees must notify their current and future employers by providing a copy of the approval letter which is the only acceptable evidence an employer can rely on to not deduct, or stop deducting premiums. Employers must maintain copies of any approval letters received.
- Exemptions are effective the first day of the quarter following the date of the approval letter. Employees whose exemptions are approved after January 1, 2022 are not entitled to refunds for premiums already withheld. Once the Washington employee opts out they are exempt for life and cannot reenter the program. Employers that receive a copy of an employee’s exemption approval letter must stop deducting premiums on the first day of the quarter after which the exemption was approved (inform your FrankCrum Payroll Representative to stop deductions). If an employer wrongfully deducts premiums after being notified of an exemption, the employer is responsible for refunding the employee; ESD will not refund premiums remitted in error.
What to Do Now:
- Communicate with Employees
The WA Cares Fund is funded through employee payroll deductions – let your employees know this will begin on January 1, 2022 and they should expect their paychecks to reflect these withholdings. Employees who do not wish to participate in WA Cares will need to apply for an exemption. Below are links to information to share with employees. It is recommended to also post the WA Cares Fund Flyer in common areas.
- Review Additional Resources
*ESD is updating the Paid Leave reporting system so employers will be able to report for both Paid Leave and WA Cares at the same time.
Minimum Wage Act Guidance
Paid Family and Medical Leave Grant Assistance
The Washington State Legislature has temporarily amended the state’s Paid Family and Medical Leave (PFML) Act to create pandemic leave assistance grants for certain employers and employees. These grants can be applied for starting August 1, 2021. Certain employers who hire a temporary worker to replace an employee on PFML for seven days or more, the employer may receive a grant of $3,000. If an employee’s PFML creates significant additional wage-related costs, an employer may receive a grant of up to $1,000 as reimbursement. These grants have additional rules. Learn more at the PFML link below:
Amendments to Paid Family Leave Law
The regulations implementing Washington’s Paid Family Leave Law (PFML) have been amended to clarify that:
- To determine employer coverage, the employee size determination for certain new employers will remain in effect for a calendar year; and
- For purposes of reinstatement, the hours an employee worked for a predecessor employer are considered hours worked for the successor employer as provided by the federal Family and Medical Leave Act.
WAC 192-700-007; WAC 192-510-050.
Effective July 25, 2021, PFML is amended to expand the definition of family member to include any individual who regularly resides in the employee's home or where the relationship creates an expectation that the employee will care for the person and that individual depends on the employee for care.
December 2020
Sexual Harassment LawIn May of 2019, Washington state enacted SB5258 regarding sexual harassment in certain industries. The law took effect in January 2020 and applies to employers with at least one person. The law defines an employee as an individual employed as a janitor, security guard, hotel or motel housekeeper, or room service attendant, or someone who spends a majority of working hours alone. Covered employers must have a harassment policy and provide training to managers, supervisors, and employees. Read more here.
Criminal Background Checks
HB 1645 was passed and prohibits denying employment to a care provider or licensing to an early childhood educator where a background check reveals that the individual has a finding of child abuse or neglect in their record, but has since obtained a certificate of parental improvement, as defined in the new chapter. This is effective January 1, 2021. Read more here.
August 2020
Governor Creates COVID-19 Food Production Workers Paid Leave ProgramCertain food-production employers in Washington state must now provide their workers with emergency supplemental paid sick leave. This covers all:
- Agricultural operations (with certain exceptions);
- Orchards, fields, and dairies;
- Fruit and vegetable-packing warehouses; and
- Meat and seafood processors and packers
Full-time workers will receive up to 80 hours and part-time workers will receive paid leave equal to the hours they are normally scheduled to work in the preceding two-week period.
Read more about Governor Inslee’s proclamation here.
June 2020
Seattle Hotel Employee Protection OrdinancesSeattle’s four ordinances (collectively known as the Hotel Employee Protections Ordinances) adopted in 2019 impose various requirements upon hotel employers and provide certain protections for employees. The ordinances go into effect on July 1, 2020, for most covered businesses. The four ordinances are:
- The Hotel Employees Safety Protections Ordinance – requires hotel employers to take certain steps to protect employees from violent or harassing conduct by guests;
- The Protecting Hotel Employees from Injury Ordinance – imposes certain restrictions upon employers to reduce the frequency and occurrence of employee injuries associated with room cleaning;
- The Improving Access to Medical Care for Hotel Employees Ordinance – requires employers to provide increased access to medical care; and
- The Hotel Employees Job Retention Ordinance – requires certain actions to reduce job insecurity.
To learn more, click here.
No Certification Required for Lactation Accommodation
A Washington employer with 15 or more employees must provide reasonable accommodations for pregnancy and related conditions, including lactation. The law allows employers to require certification to support the need for accommodation, with exceptions. A certification for lactation is now an exception – an employer may no longer require certification for a lactation accommodation (e.g., reasonable break time to express milk).
