Washington’s 2026 legislative session ended on March 12, 2026, with Governor Bob Ferguson signing multiple employment-related bills into law.
ESB 6106 Washington WARN Act notice content: Modifies the notice requirements of the Washington mini-WARN Act to protect employee names from disclosure to coworkers. The names of affected coworkers are no longer required to be included in written notices to affected employees. A new requirement was added for employers to include the home addresses of affected employees in the notice to the union representative (if applicable). (Previously, the notice to the bargaining representative had to include a list of affected employee names, but not addresses.) Also, the names and addresses provided to the Employment Security Department (ESD) in the employer notice are now protected from public disclosure. These changes are effective on March 17, 2026, the day it was signed by the governor. We have updated our Legal Guide, WARN Act: Mass Layoff or Plant Closure, and Model Form, WARN Act Notices, accordingly.
ESHB 2303 Microchipping employees: Prohibits employers from requesting or requiring microchips or other tracking devices to be implanted in the bodies of employees or applicants for any reason. Allows affected workers to sue their employer for injunctive relief (stopping the employer’s unlawful actions), damages, punitive damages, and attorneys’ fees. This bill takes effect June 11, 2026.
SSHB 2479 L&I investigations and recovery of unpaid wages: Allows the Washington Department of Labor & Industries (L&I) discretion to determine whether to investigate an employee wage complaint, and to prioritize its investigations based on factors such as the severity of the complaint, the number of employees potentially affected, the amount of harm to employees, and the probability of retaliation. (Currently, L&I is required to investigate every complaint in the order complaints are received.) L&I is also authorized to expand the scope of its investigation beyond the filed complaint if information suggests additional legal violations by the employer, and to assess penalties against willful and repeat violators. A new Wage Recovery Program administered by L&I can provide funds to unpaid low-wage employees while the department is collecting assessed wages and interest from their employer. The provisions of the bill that affect employers take effect June 11, 2026.
SSHB 2345 WPFML shared premiums: Flip-flops the split in the Washington Paid Family and Medical Leave (WPFML) premiums between employers and employees to comply with federal tax guidance. Employees now pay the full premium for medical leave (instead of family leave), and split the premium for family leave (rather than medical leave) with the employer. This bill takes effect June 11, 2026.
SSSB 5292 WPFML premium rate calculation: Modifies the WPFML premium rate calculation without increasing the total premium rate above the current maximum of 1.20 percent of wages. The Employment Security Department (ESD) must set the rate annually based on a report from the office of actuarial services. This bill takes effect January 1, 2028.
SSB 6014 Pregnancy-related accommodations: Clarifies that employers may not request written certification from a health care provider before accommodating a pregnant employee’s lifting restriction of more than 17 pounds. The new law also protects an employee’s identity and personal information from public disclosure when the employee files a complaint with L&I or participates in an investigation. This bill takes effect January 1, 2027.
Tips: A handful of additional employment-related bills are still sitting on the governor’s desk and are expected to be signed by the end of the month. Watch for our next newsletter with more information. In the meantime if you’re a Vigilant member, contact your Vigilant Law Group employment attorney with any questions about how these newly signed bills may affect your workplace.
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