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Washington State 2026 Employment Law Update
Washington passed many new employment and wage and hour laws in 2025, with some taking effect July, 2025, and more taking effect January 1st 2026. This post summarizes five major changes in Washington State employment law:
- Washington’s Mini-WARN Act
- Expanded personnel file access rights,
- Pay transparency amendments,
- Prevailing wage updates
- Expanded Paid Family and Medical Leave (PFML) rules
See below for major updates for Washington state employment wage and hour laws, and a summary of additional changes including new higher minimum wages.
Washington Mini-WARN (SB 5525): Advance Notice of Mass Layoffs and Business Closures
Effective July 27, 2025, Washington’s “Mini-WARN” statute requires certain employers to provide 60 days’ written notice in advance of covered workforce reductions.
Covered employers and triggering events
The law applies to employers with 50 or more full-time employees in Washington. Covered events include a “mass layoff” (employment loss of at least 50 employees at a “single site of employment” during any 30-day period) or “business closing” (temporary or permanent shutdown of a site that results in employment loss, for at least 50 employees for any 30-day period). Notice must be provided to affected employees and to Washington state agencies.
Exceptions and enforcement exposure
The new law includes some exceptions (certain unforeseeable business circumstances and natural disasters). Employers that fail to provide required notice face liability that can include back pay, the value of benefits for each day of violation (up to 60 days), and civil penalties and attorneys’ fees..
Special protection for employees on PFML
The law restricts employers from including certain employees who are on Paid Family or Medical Leave in the order of a mass layoff, with some exceptions.
Personnel Files (HB 1308): Expanded Access and Defined Timelines
Effective July 27, 2025, Washington strengthened employees’ rights to access their personnel records by defining the scope of “personnel file”, and imposing a firm response deadline.
What qualifies as a “personnel file”
The law defines “personnel file” broadly to include categories such as the employee’s job application records, performance evaluations, nonprivileged disciplinary records, leave and reasonable accommodation records, payroll records, and written agreements between the employer and employee.
Timing and manner of production
Private employers must provide a copy of the personnel file within 21 calendar days of a request. Both current and former employees can make these requests, or their authorized representative such as their lawyer.
Statement of reasons for discharge
Former employees may also request a written statement of the reasons for discharge, which the employer must provide.
Remedies
The law provides a private right of action, and authorizes statutory or actual damages along with attorneys’ fees and costs. Employees should consider requesting their personnel file promptly when a dispute arises, including disputes over discipline, performance narratives, or separation.
Pay Transparency (SB 5408)
Washington’s pay transparency requirements predate 2025, however SB 5408 (effective July 27, 2025) added enforcement and liability for third-party postings.
Five-business-day “cure” opportunity
SB 5408 created a structured process requiring written notice and providing employers five business days to correct a posting, before the Department of Labor & Industries may issue a citation, or before a private action may proceed. This cure provision is time-limited and expires July 27, 2027, after which there is no five day correction period.
Third-party posting limitations
SB 5408 addresses handling cases where a job posting is made by a third party, and when an employer may be held responsible for a posting placed without the employer’s knowledge or consent.
Requirements for job posts
Covered job posts have a requirement to disclose a wage scale or salary range, and a general description of benefits and other compensation.
Prevailing Wages (HB 1821): Expanded “Interested Party” Definition
Effective July 27, 2025, HB 1821 expands who may qualify as an “interested party” and sets access to certified payroll records for public works.
Who is an “interested party” in 2026
The definition of “interested party” expressly includes not only contractors, subcontractors, and employees, but also who is an affected organization. Affected organizations include any labor-management cooperation committees and Taft-Hartley trusts, among others.
Access to certified payroll records
The law provides that the Department of Labor & Industries shall provide upon request a copy of an employer’s certified payroll records to an interested party. The law also restricts how a joint labor-management cooperation committee may use the information (limiting use to complaint-related purposes, not other uses such as union organizing or commercial sales).
Paid Family and Medical Leave (HB 1213): Expanded Job Protection in 2026
Washington PFML benefits have been in place for several years. The major 2026 change is HB 1213’s expansion of job-protection and employment restoration coverage to smaller employers. The changes are phasing in.
Employer-size threshold phases
As of January 1, 2026, job-protection rights apply to employees working for employers with 25 or more employees. The threshold drops to 15 or more beginning January 1, 2027. Then to 8 or more starting January 1, 2028.
Reduced tenure requirement
HB 1213 reduced longer tenure requirements with a new requirement that employees must be employed at least 180 calendar days before taking leave.
New notice about job-protection expiration for longer leaves
For continuous leave exceeding two typical workweeks (or intermittent leave exceeding 14 typical workdays), the law requires employers to provide five business days’ advance written notice regarding the estimated end of job-protection rights, along with the employee’s first scheduled work day.
Additional 2025–2026 Washington Changes
The following legal changes may also affect Washington employees wage and hour rights:
- Health care meal and rest breaks (as of Jan. 1, 2026): RCW 49.12.480 reflects updated rules regarding meal/rest breaks and waiver-related flexibility in health care facilities. (Washington State Legislature)
- Unemployment insurance for striking/locked-out workers: SB 5041 expands UI eligibility for workers unemployed due to a labor strike/lockout.
- Isolated employee protections (as of Jan. 1, 2026): HB 1524 is a workplace-safety expansion for “isolated employees,” including panic-button related standards and related obligations.
- Workplace violence prevention in health care settings (as of Jan. 1, 2026): HB 1162 adds prevention planning/training-related requirements for health care settings.
- Driver’s license requirements in hiring (as of July 27, 2025): SSB 5501 restricts requiring a valid driver’s license in job postings, or as a condition of employment, unless driving is an essential job function or tied to a legitimate business purpose.
- Statewide minimum wage rate (effective Jan. 1, 2026): Washington’s minimum wage increases to $17.13 per hour (with some local ordinances setting the minimum higher than the state). (Washington Labor & Industries). For more on minimum wage law changes, see our post on minimum wages for 2026.
Washington Employment Law Consultation
If you believe your employer failed to provide required layoff notice, denied legally protected leave restoration, withheld wages (including prevailing wages), or otherwise violated Washington workplace laws, contact an employment lawyer for a consultation. Our firm represents employees in wage-and-hour and workplace rights matters in many states, including working with counsel in Washington. To discuss with a free legal consultation, please contact Schneider Wallace at info@schneiderwallace.com.