2025 Washington Legislative Employment Law Update – Perkins Coie

Report on 2025-2026 Washington State Employment Law Amendments and Alignment with Sustainable Development Goals

Introduction

The 2025 Washington state legislative session has concluded with the enactment of several new employment laws and amendments. These legislative actions demonstrate a significant commitment to advancing the United Nations Sustainable Development Goals (SDGs), particularly SDG 8 (Decent Work and Economic Growth), SDG 10 (Reduced Inequalities), SDG 5 (Gender Equality), and SDG 16 (Peace, Justice and Strong Institutions). The following report details these updates, their effective dates, and their contributions to a more sustainable and equitable economic environment.

Legislative Updates Effective 2025

1. Notice Requirements for Mass Layoffs or Business Closures

   Effective Date: July 27, 2025

   In alignment with SDG 8 (Decent Work and Economic Growth), this “mini-WARN” law enhances worker protections and promotes economic stability. By requiring 60 days’ advance notice for mass layoffs or closures, it provides employees with a crucial transition period, upholding the principles of decent work.

   • Employers with 50 or more employees must provide 60 days’ advance written notice to the Employment Security Department (ESD) and affected employees.
   • The law explicitly protects employees on Paid Family and Medical Leave (PFML) from mass layoffs, reinforcing SDG 3 (Good Health and Well-being) and SDG 5 (Gender Equality) by safeguarding workers during periods of family or medical need.
   • Compliance Recommendation: Monitor all workforce reduction plans to ensure adherence to both state and federal WARN notice mandates.

2. Driver’s License Requirements in Employment

   Effective Date: July 27, 2025

   This legislation directly supports SDG 10 (Reduced Inequalities) by removing unnecessary barriers to employment. Prohibiting employers from requiring a driver’s license unless it is an essential job function promotes a more inclusive workforce and provides opportunities for individuals who may not have a license for various economic or social reasons.

   • Violations may result in statutory damages of $5,000 or actual damages.
   • Compliance Recommendation: Conduct a thorough review of all job postings, applications, and hiring policies to remove non-essential driver’s license requirements.

3. Employee Access to Personnel Files

   Effective Date: July 27, 2025

   Contributing to SDG 16 (Peace, Justice and Strong Institutions), this law fosters transparency and accountability in the workplace. Granting employees timely and free access to their personnel files strengthens their rights and ensures fair institutional practices, a key component of decent work under SDG 8.

   • Employers must provide a copy of the personnel file and a termination statement within 21 calendar days of a request.
   • The law establishes a private right of action for noncompliance.
   • Compliance Recommendation: Develop and implement clear procedures for responding to personnel file and termination statement requests in a timely manner.

4. Expansion of Paid Sick Leave for Immigration Proceedings

   Effective Date: July 27, 2025

   This expansion advances SDG 10 (Reduced Inequalities) and SDG 16 (Peace, Justice and Strong Institutions). It ensures that employees, particularly migrants and their families, can access justice and participate in legal proceedings without facing economic hardship or job loss, thereby promoting equality and fair treatment for all.

   • Employees may use paid sick leave for immigration-related judicial or administrative proceedings for themselves or a family member.
   • Compliance Recommendation: Update paid sick leave policies and train human resources personnel on this new qualifying use and its verification requirements.

5. Amendments to Equal Pay and Opportunities Act (EPOA)

   Effective Date: July 27, 2025

   These amendments are a direct contribution to SDG 5 (Gender Equality) and SDG 8 (Decent Work and Economic Growth). By reinforcing pay transparency requirements, the law aims to close the gender pay gap and ensure equal pay for work of equal value, a cornerstone of both gender equality and decent work.

   • The law clarifies wage disclosure requirements for job postings, internal transfers, and promotions.
   • It introduces a five-day cure period for employers to correct a violative job posting after receiving written notice.
   • Compliance Recommendation: Ensure all job postings comply with EPOA disclosure requirements and establish a rapid-response procedure for addressing notices of noncompliance.

Legislative Updates Effective 2026

1. New Paid Family and Medical Leave (PFML) Requirements

   Effective Date: January 1, 2026 (contingent on funding)

   Significant amendments to the PFML program will bolster SDG 3 (Good Health and Well-being), SDG 5 (Gender Equality), and SDG 8 (Decent Work). Expanding job protection and health benefit continuation during leave supports worker health, promotes a better work-life balance that often benefits women disproportionately, and strengthens overall job security.

   • Job protection will be phased in for smaller employers, expanding coverage to those with as few as 8 employees by 2028.
   • Employers must maintain health insurance benefits for employees on protected leave.
   • The minimum claim duration is reduced from eight to four hours.
   • Compliance Recommendation: Prepare to update leave policies, notice procedures, and job protection protocols pending confirmation of funding for these amendments.

2. Expanded Access to Leave for Hate Crime Victims

   Effective Date: January 1, 2026

   This law expands protections in a manner that supports SDG 16 (Peace, Justice and Strong Institutions) and SDG 10 (Reduced Inequalities). By providing leave and safety accommodations for victims of hate crimes, the state is creating stronger, more inclusive institutions that protect vulnerable populations from violence and discrimination.

   • The Domestic Violence Leave law is expanded to include victims of hate crimes and their family members.
   • Employers must provide reasonable unpaid leave and safety accommodations.
   • Compliance Recommendation: Revise leave and accommodation policies to include protections for victims of hate crimes.

3. Consideration of Job Applicants’ and Employees’ Criminal Records

   Effective Date: July 1, 2026 (15+ employees); January 1, 2027 (<15 employees)

   Amendments to the Fair Chance Act are a critical step toward achieving SDG 10 (Reduced Inequalities) and SDG 8 (Decent Work). By limiting the use of criminal records in hiring, this law combats systemic discrimination and facilitates the economic reintegration of formerly incarcerated individuals, promoting a more inclusive and productive workforce.

   • Employers may not inquire about criminal history until after a conditional job offer.
   • Adverse actions based on adult convictions are permitted only for legitimate business reasons and require a detailed notification and review process.
   • Compliance Recommendation: Revise all hiring processes, job postings, and adverse action procedures to align with these new restrictions on considering criminal history.

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 5: Gender Equality

  The article discusses amendments to Washington’s Equal Pay and Opportunities Act, which directly targets pay equity and transparency, key components for achieving gender equality in the workplace.

• SDG 8: Decent Work and Economic Growth

  Multiple laws discussed in the article relate to this goal by promoting fair employment practices, protecting labor rights, and ensuring job security. This includes new rules for mass layoffs, paid leave, equal pay, and fair hiring practices for individuals with criminal records.

• SDG 10: Reduced Inequalities

  The article highlights several legislative changes aimed at reducing discrimination and inequality. These include prohibiting unnecessary driver’s license requirements, expanding leave for immigration proceedings and hate crime victims, and limiting the use of criminal records in hiring, all of which protect vulnerable and marginalized groups.

• SDG 16: Peace, Justice and Strong Institutions

  This goal is addressed through laws that enhance access to justice and promote fair, transparent, and accountable institutions. The provisions for employee access to personnel files, leave for immigration proceedings, and protections for hate crime victims support this goal by strengthening individual rights and legal protections.

2. What specific targets under those SDGs can be identified based on the article’s content?

• SDG 5: Gender Equality

  • Target 5.1: End all forms of discrimination against all women and girls everywhere. The amendments to the Equal Pay and Opportunities Act (EPOA) contribute to this target by enforcing pay transparency, which helps to uncover and address discriminatory pay practices that disproportionately affect women.

• SDG 8: Decent Work and Economic Growth

  • Target 8.5: By 2030, achieve full and productive employment and decent work for all women and men… and equal pay for work of equal value. The EPOA amendments directly support the “equal pay for work of equal value” component. The Fair Chance Act amendments also contribute by promoting employment opportunities for individuals with criminal records.
  • Target 8.8: Protect labour rights and promote safe and secure working environments for all workers, including migrant workers… and those in precarious employment. This target is addressed by several laws: the “mini-WARN” act provides job security through advance notice of layoffs; expanded PFML requirements enhance job and health benefit protection during leave; and expanded paid sick leave for immigration proceedings specifically protects the rights of workers involved in such processes.

• SDG 10: Reduced Inequalities

  • Target 10.2: By 2030, empower and promote the social, economic and political inclusion of all, irrespective of… origin, religion or other status. The law expanding leave for victims of hate crimes and for immigration proceedings directly supports the inclusion and protection of individuals based on their origin or other status. The Fair Chance Act promotes economic inclusion for those with criminal records.
  • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices. The law prohibiting driver’s license requirements unless essential for the job, and the amendments to the Fair Chance Act, are direct efforts to eliminate discriminatory hiring policies that create barriers to employment for certain groups.

• SDG 16: Peace, Justice and Strong Institutions

  • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. The expansion of paid sick leave to allow employees to attend immigration proceedings directly facilitates their access to the justice system. The law granting employees the right to access their personnel files ensures transparency and provides them with necessary documentation for potential legal action.
  • Target 16.B: Promote and enforce non-discriminatory laws and policies for sustainable development. All the new laws and amendments discussed in the article—from the Fair Chance Act to the Equal Pay and Opportunities Act—represent the enforcement of non-discriminatory policies at the state level.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• For SDG 8 (Target 8.5 & 8.8)

  • Indicator: Compliance with pay transparency requirements. The article mentions that employers must receive written notice of a “violative job posting” and have five days to cure it. Progress can be measured by tracking the number of such notices and the rate of employer compliance.
  • Indicator: Provision of advance notice for mass layoffs. The “mini-WARN” law requires 60 days’ advance written notice. Progress can be measured by the percentage of applicable employers who provide this notice to the Employment Security Department (ESD) and affected employees.
  • Indicator: Utilization of expanded Paid Family and Medical Leave (PFML). The article notes a reduction in the minimum claim duration from eight to four hours. Progress could be measured by the number of employees utilizing this shorter leave duration.

• For SDG 10 (Target 10.3)

  • Indicator: Elimination of non-essential driver’s license requirements in job postings. The law prohibits this practice. Progress can be measured by auditing job postings to track the reduction in such requirements for positions where driving is not an essential function.
  • Indicator: Adherence to the adverse action process for applicants with criminal records. The Fair Chance Act requires a specific process, including keeping a position open for two business days. Progress can be measured by the number of employers implementing and documenting this new procedure.

• For SDG 16 (Target 16.3)

  • Indicator: Timeliness of response to personnel file requests. The law requires employers to provide a copy of the file within 21 calendar days. Progress can be measured by tracking employer compliance with this deadline.
  • Indicator: Use of paid sick leave for specified legal proceedings. The article mentions that leave can be used for immigration proceedings and hate crime-related issues. Progress can be measured by the number of employees who utilize paid sick leave for these newly specified reasons.

4. SDGs, Targets and Indicators Table

Source: perkinscoie.com