More bills from the 2026 Washington legislative session have been signed into law by Governor Bob Ferguson.
We previously reported on several bills from this session; here are four additional laws of interest to employers:
SSHB 2105 Immigrant Worker Protection Act: Within 5 business days of receiving a notice of an I-9 inspection, employers must post and individually notify every worker and any union representing them of the inspection and provide a copy of the federal notice, agency name, date received, the types of records sought, and the contact information for an advocacy group to be identified by the Washington Attorney General. Then, within 5 business days of receiving the results of the inspection, employers must provide affected workers a copy of the results that includes a description of any issues found in the inspection, the time period for correction established by the agency, a mutually agreed time and place for correcting any issues, and notice of the worker’s right to representation during any meeting to address the issues. The law includes significant penalties that can be imposed by the Washington Attorney General of $500 per notice violation, and the right for employees to bring lawsuits. The Attorney General will be creating a poster that employers must display, as well as model language for the initial notice to employees. The law takes effect October 1, 2026.
HB 2264 Unemployment benefits for layoffs and reductions in force: Expands eligibility for unemployment benefits to employees who volunteer for an employer-initiated layoff or reduction in force (RIF). To qualify for these expanded benefits: (1) the employer must have announced the layoff or RIF in writing and notified employees they could volunteer to be included; (2) the employee volunteered; and (3) the employer terminated the individual’s employment as part of the layoff or RIF. The rules exclude situations where employers modify benefits to encourage employees to leave or offer early retirement or exits. The law applies to separations that take place on or after June 14, 2026.
ESHB 2471 State enforcement of labor relations for NLRA-covered employees: Joins other states like California in establishing state-level labor relations rules for private sector employers who would normally be subject to the federal National Labor Relations Act (NLRA). The new law is triggered if: (1) federal law changes and no longer preempts state regulation of private sector labor relations; or (2) the National Labor Relations Board (the entity tasked with enforcing the NLRA), decides it can’t, won’t, or is unable to regulate particular employers, employees, trades, or industries. If the law is triggered, Washington’s Public Employment Relations Commission (PERC), traditionally limited to the public sector, would be given broad authority to deal with private sector labor issues. If that ever happened, the law would make massive changes to traditional labor relations such as: (1) allowing PERC to determine bargaining units, certify bargaining representatives (including via card-checks rather than traditional elections), and manage unfair labor practice charges; (2) mandating arbitration if an employer and union haven’t reached an agreement within 6 months of a new union being voted in or a collective bargaining agreement expiring; and (3) mandating arbitration for unfair labor practice charges. The one bright spot is that the law doesn’t expand coverage of these labor rights beyond employees who are currently protected by the NLRA, so for example, it doesn’t create new labor rights for agricultural workers. The new law is technically effective June 11, 2026, but it’s possible it will never be triggered, and we expect court challenges. We’ll keep members updated.
ESB 6058 Expanded power and discretion for L&I regarding wage complaints: Builds on SSHB 2479 that we previously reported on by formalizing the Washington Department of Labor and Industries (L&I)’s new authority and discretion when dealing with wage complaints. L&I will have the authority to: (1) choose and prioritize which wage complaints to investigate; (2) go after more than just traditional wages, which means they can order payment for all amounts that might be owed via multiple wage statutes, including prevailing wages; (3) be more flexible with its own deadlines; and (4) subpoena information and interview witnesses under oath. Also, when an employee files a complaint with L&I, the statute of limitations is tolled (temporarily paused) until L&I makes a final determination. The law is effective June 11, 2026.
Tips: For questions about how these newly enacted laws may impact your workplace, members can contact their Vigilant Law Group employment attorney.
If you’re not a Vigilant member and need help navigating ever-changing Washington employment laws, read about the benefits of membership and contact us to see if we’re a good fit!
