Among other legislative changes (see our other recent blog posts!), the Washington State Legislature passed several assorted bills that will affect certain Washington employers, including providing striking workers with limited unemployment benefits, changes to laws regarding minor workers, adding requirements for employers with isolated employees, and enacting additional protections on employee immigration status. Read on for a detailed breakdown of these legislative changes and what they could mean for your business.
Unemployment Insurance for Striking Workers—SENATE BILL 5041
Workers for both public and private Washington employers on strike or who have been locked out will be able to receive up to six weeks of unemployment insurance benefits. The strike must generally last at least eight days (at least until the second Sunday after the first day of the strike) before the employees become eligible for benefits, followed by a one-week waiting period. Consequently, strikers can begin receiving unemployment benefits 15 to 21 days after the strike begins, depending on the start date. Additionally, employees are no longer disqualified from unemployment benefits if they are locked out by their employer as a part of a multi-employer bargaining unit.
If the worker subsequently receives retroactive wages for the period they received unemployment benefits, they will be required to repay the state for the benefits they receive. An individual will also be required to repay the benefits received if a strike is later prohibited through a final judgment.
Unemployment benefits paid due to striking workers will be charged to the experience rating account of the separating individual’s last employer. Employers who are already part of or who join the Washington Voluntary Contribution Program to lower their unemployment tax rates, can make voluntary contributions for benefits granted due to strikes or lockouts. If these charges make an employer eligible to make voluntary contributions under the program, then the Washington State Employment Securities Department will notify the employer of their eligibility.
Most of the actionable sections of SB 5041 will take effect on January 1, 2026. This bill includes a sunset clause, requiring state lawmakers to review the policy in 2036 and decide whether to extend the law or let it expire.
Key Employer Takeaways for SB 5041
- Employers involved in contract negotiations need to prepare for the possibility that a strike could last longer than it might otherwise, due to the employees receiving state unemployment benefits.
- An employer that anticipates a large spike in unemployment benefit claims due to labor strikes or employee lockouts can make voluntary contributions for these charges, but may want to contact a tax or legal advisor to discuss if the Voluntary Contribution Program will reduce or raise their tax liability.
Coercion of Employees Based on Immigration Status—SENATE BILL 5104
Beginning July 1, 2025, employers may be liable for a new penalty if the employer threatens to use the immigration status of an employee or their family member to prevent the employee from filing a complaint under the Washington Wage Payment Act (WPA), Industrial Welfare Act, agricultural labor standards, or other employment-related rules.
WPA sets rules on employers’ timing and amount of wage payments to employees and enforces those rules by authorizing the Washington State Department of Labor and Industries (L&I) to investigate wage complaints made for WPA violations. If L&I uncovers intentional wage payment violations, then the employer can be sanctioned up to $20,000 per violation. SB 5104 establishes another WPA penalty for employers who threaten to divulge or otherwise use an employee’s or an employee’s family member’s immigration status to prevent them from invoking employee protection laws.
Citations under SB 5104 will be accompanied by the following penalties for each instance of coercion against each affected employee or their family member:
- A maximum of $1,000 for the first violation;
- A maximum of $5,000 for the second violation; and
- A maximum of $10,000 for any subsequent violation.
Employers may appeal an L&I penalty up to 30 days after the citation date.
Key Employer Takeaways for SB 5104
- In addition to other possible legal ramifications, coercion by employers using an employee’s or their family member’s immigration status is now punishable by fine under the WPA.
- L&I can now investigate and penalize employers for both wage violations and coercion against reporting using immigration status. Both types of investigations have different standards and penalties.
New Restrictions on Minor Workers
The Washington State Legislature passed two bills affecting employers with minor workers. HB 1644 adds health and safety restrictions. HB 1121 loosens hour restrictions for career and technical education programs.
New Restrictions for Employers Regarding Safety and Working Conditions of Minors—HOUSE BILL 1644
Effective July 1, 2026, HB 1644 will impose new restrictions on employing minors and bidding on public works projects, and will impose new penalties including possible permit revocations for violations.
- Student-Learner Variances: Minor employees are prohibited from engaging in hazardous activities and are limited in the number of hours they can work during the school week. Currently, some employers may be able to obtain a variance from these restrictions from L&I. Beginning July 1, 2026, no variances will be granted without an L&I health and safety consultation and inspection for both agricultural and non-agricultural employers.
- Penalty Modifications: Violations of minor employment regulations can lead to penalties. Under HB 1644 there will no longer be a distinction between agricultural and non-agricultural employers for penalties. Potential penalties range from $100 for nonserious violations to $142,000 for intentional serious violations that result in the death of a minor. For some violation classifications, L&I may reduce or waive a financial penalty if the employer corrects the violation.
- Permit Revocation: Employers must get a minor work permit for any employees younger than 18 years old. Under HB 1644 L&I will revoke minor work permits and ban an employer from receiving permits for one year if (1) a minor employee was seriously injured or killed due to their employer’s violation of minor worker health and safety laws or (2) a Washington court orders revocation.
- The Washington Industrial Safety and Health Act (WISHA): Currently, WISHA authorizes L&I to inspect and investigate workplaces with minor workers for compliance with health and safety standards and to penalize noncompliance. Under HB 1644 L&I will need to notify employers within 10 days of a WISHA inspection that identifies a hazard that could injure a minor worker.
- Public Works Bidding: Currently, to bid on public works projects employers must meet responsible bidder criteria and submit a signed statement that they have not willfully violated wage payment laws during the last three years. HB 1644 will additionally require a signed statement with non-agricultural bids, affirming that the company has not had a minor work permit revoked within one year before the bid date.
Key Employer Takeaway for HB 1644
- Employers with under 18-year-old employees should carefully review all applicable regulations for employing minors generally and in their industry. Summary rules can be found at L&I: How to Hire Minors, with links to more detailed information.
16- and 17-year-old Workers in Career and Technical Education Programs—HOUSE BILL 1121
At present, 16- and 17-year-olds in career and technical education programs are heavily restricted in the hours they can work for approved program employers during school weeks. Beginning July 1, 2026, approved employers may allow their minor employees in applicable programs to work as many hours during the school year as they can during non-school weeks.
Approved employers are those who are permitted to hire 16- and 17-year-old employees who are enrolled in a work-based learning program approved by the Office of the Superintendent of Public Instruction or the minor’s school district. Approved employers will be able to schedule minor workers enrolled in an approved program for the following hours at any time:
Maximum Hours |
Maximum Hours |
Maximum Days |
Start to End |
8 hours |
48 hours |
6 days |
5 a.m. - midnight |
Isolated Employees—HOUSE BILL 1524
Hotels, motels, retail, security guard entities, and property services contractors who employ isolated employees will have until January 1, 2026 to comply with additional requirements under HB 1524.
HB 1524 clarifies who is an isolated employee. Effective January 1, 2026, isolated employees are janitors, security guards, hotel/motel housekeepers, or room service attendants who either work in an area where there are fewer than two co-workers/supervisors present to immediately respond without being summoned by the employee, or spend at least 50 percent of their working hours alone.
In addition to the current isolated employees workplace requirements (publishing/training on sexual harassment policies, identifying reporting contacts, and providing panic buttons), under HB 1524 covered employers of isolated employees will also have to do the following:
- Retain records of employees’ sexual harassment training,
- Train isolated employees how to use panic buttons and supervisors how to respond,
- Maintain records on panic button purchases and their utilization by isolated employees,
- Provide panic buttons that (1) are portable, (2) are quick and easy to activate (no passwords or start-up wait times), (3) provide an effective signal, and (4) immediately identify the employee’s location when activated.
Further, property service contractors with isolated employees will need to submit annual reports to L&I confirming their compliance along with other information.
Finally, HB 1524 also tasks L&I to investigate complaints of violations of these special rules for isolated employees and give citations to violating employers. Citations for violators may come with financial penalties between $1,000 for a first willful violation, up to potentially $10,000 for subsequent violations. L&I may reduce or waive penalties if the employer corrects the violation.
Key Employer Takeaway for HB 1524
- Entities who employ isolated workers should review the additional requirements and take steps to be in compliance no later than January 1, 2026.
The legal issues impacting this topic are and will continue to be ever-changing (Employment Law in Motion!), and since publication of this blog post, new or additional information not referenced in this blog post may be available.
This article is provided for informational purposes only—it does not constitute legal advice and does not create an attorney-client relationship between the firm and the reader. Readers should consult legal counsel before taking action relating to the subject matter of this article.
