Intro to Washington Labor Laws

Washington State has passed the "Securing Timely Notification and Benefits for Laid-Off Employees Act" (WA WARN), which will require employers to give 60 days' advance notice for certain mass layoffs and business closures. This new law applies to most companies with 50 or more employees in Washington and expands significantly beyond the federal WARN Act. Notable differences include a wider range of events that trigger notice, no specific time limits on "Business Closing" definitions, and potential consideration of statewide employment actions for mass layoffs. 

Employers in Washington State should review and update their layoff and closure policies to fully comply with the new WA WARN Act before it takes effect. Proactive steps include understanding the expanded notice triggers, training staff on the new requirements, and seeking legal advice to navigate this complex legislation and avoid potential penalties.

The Supreme Court for the State of Washington issued a court decision restricting anti-moonlighting policies for low-wage workers. The court held that employers may not broadly prohibit employees who earn less than twice the minimum wage from engaging in “all kinds of assistance” with a competitor. Under Washington’s moonlighting law, employers cannot restrict low wage workers from having an additional job, working as an independent contractor, or being self-employed – with limited exceptions. The court indicated that anti-moonlighting agreements must be reasonable, as determined on a case-by-case basis. Employers should review their moonlighting policies and employment agreements with legal counsel to ensure alignment with the law.

Governor Inslee has signed a bill into law that will amend the existing noncompete agreement law in Washington, with the changes taking effect on June 6, 2024. Amongst other modifications, the bill expands the definition of a “non competition covenant” to include non solicitation agreements other than those applying to current customers, which could void employers’ current noncompete agreements with employees. Additionally, the amendment clarifies notice requirements including mandating that employers disclose non compete terms at the time of initial acceptance of the offer of employment. It is recommended that employers consult legal counsel to review and revise their agreements containing non compete and non solicitation clauses to align with the amended legislation.

Starting this year, Washington State will expand the permitted uses of paid sick leave under the state’s paid sick leave law. Employees may now use paid sick time to attend immigration or citizenship-related proceedings for themselves or a family member, including court dates and legal appointments.

Employers should update their sick leave policies to reflect the expanded list of qualifying reasons.

In late March, Washington passed a law broadening the scope of Washington’s existing Equal Pay and Opportunities Act (EPOA), which currently prohibits sex- and gender-based pay discrimination. The new EPOA amendments expand the EPOA beyond gender, and the law now prohibits pay discrimination based on membership in any protected class. Beginning in July of next year, protected classes under the EPOA will include age, sex, gender, marital status, race, national origin, sexual orientation, gender expression, gender identity, presence of a disability, and more.

Starting July 23, 2023, Washington employers will be prevented from conducting searches of employees’ privately-owned vehicles on company premises or access roads, with specific exceptions. Exceptions to this rule include searches of company-owned or -leased vehicles, lawful searches by law enforcement and voluntary searches based on probable cause of unlawful possession of employer property or controlled substances. Employees have the right to designate a witness during the search. Employers should update their policies and educate their staff regarding these new limitations.