This blog post is to inform you that the state of Washington has completed its 2026 legislative session. The following summary includes enacted bills that affect employer posting responsibilities, along with other legislation of general interest.
House Bill 2105: Immigrant Worker Protections
The law requires employers to provide workers with information about immigration-related workplace inspections.
- Effective October 1, 2026, all employers must display a model poster, developed by the attorney general, informing workers of their right to receive written notice if the employer receives a notice of inspection of I-9 forms and related records from a federal agency. The poster will include space for the employer to indicate where required notices will be posted and how they will otherwise be communicated to workers.
- Within 5 business days of receiving a notice of inspection, employers must provide each employee with a written notice containing specified details about the inspection. This notice must also include, attach, or link to the official notice of inspection. The attorney general will develop a template that employers may use to comply this requirement. Employers must also post the notice of inspection through completion of the inspection.
- Additionally, within 5 business days of receiving the inspection results, the employer must provide each affected worker with a copy of the results and written notice of the employer’s and the affected worker’s obligations arising from those results.
Written notices to individual workers must be delivered using the employer’s primary method of communication, which must include one of the following: hand delivery, mail with proof of delivery, email mail with proof of transmission, or text message with proof of transmission. Written communications must comply with language requirements.
The law prohibits employers from interfering or retaliating against workers who exercise their rights, including taking adverse action based on immigration status. The attorney general or an affected worker can enforce these protections though legal action.
The law takes effect June 11, 2026.
Senate Bill 5847: Workers’ Compensation
The law makes changes to workers’ compensation claims treatment provisions. Effective January 1, 2028, employers must inform injured workers of their right to obtain initial or emergency treatment from a provider of their choice, and to seek further treatment with a provider of their choice from within the medical provider network. The prohibits employers from requiring or inducing workers to seek treatment from a specific provider or clinic. The law also establishes a treatment authorization process for situations in which an injured worker is unable to find a network provider within a certain distance of the worker’s home. Other provisions of the law have various effective dates.
House Bill 1155: Noncompetition and Nonsolicitation Agreements
Beginning June 30, 2027, employers are prohibited from enforcing or attempting to enforce noncompetition covenants against employees or independent contractors. The law does not prohibit certain:
- Nonsolicitation agreements
- Confidentiality and trade secret agreements
- Agreements by a person in connection with the purchase or sale of a business
- Agreements by a franchisee in connection with a franchise sale
- Educational expense repayment agreements
By October 1, 2027, employers must notify all current and former workers or independent contractors subject to a noncompetition covenant that the provision is void and unenforceable.
The law takes effect June 30, 2027.
House Bill 2345: Paid Family and Medical Leave Program
In response to IRS guidance, the law adjusts how Paid Family and Medical Leave (PFML) premiums for each type of leave are allocated between employers and employees, without affecting how the total premium is divided between employees and employers.
- For medical leave premiums, employers may deduct from employee wages 100% of the medical leave premium.
- For family leave premiums, employers may deduct from employee wages a specified percentage of the family premium.
The law takes effect June 11, 2026.
Senate Bill 6014: Pregnancy Related Accommodations
The law prohibits employers from requiring employees provide written certification from a health care provider to receive certain pregnancy-related accommodations. These include more frequent, longer, or flexible restroom breaks; modifications to no food or drink policies; access to seating or the ability to sit more frequently; reasonable break time to express breast milk; and restrictions on lifting more than 17 pounds.
The law takes effect January 1, 2027.
House Bill 2479: Recovery of Unpaid Wages
The law gives L&I the discretion to investigate wage complaints and requires L&I to establish a written process for prioritizing wage complaints based on factors including the harm to employees and the severity of complaints. It also allows L&I to investigate other possible wage violations based on information discovered during an investigation. The law increases penalties for willful violations. It also establishes a wage recovery fund to partially pay low-wage employees before the department has collected unpaid wages from the employer.
The law takes effect June 11, 2026.
House Bill 2303: Microchipping Employees
The law prohibits employers from requesting, requiring, or coercing any employee or job applicant to have a microchip implanted for any reason. It also gives affected employees the right to pursue private legal action.
The law takes effect June 11, 2026.
House Bill 2264: Unemployment Insurance Benefits
The law allows an employee to access unemployment insurance benefits when voluntarily participating in an employer-initiated layoff or reduction in force plan if their termination is the result of the plan.
The law takes effect June 11, 2026.
House Bill 2107: Hazards at Construction Worksites
The law requires L&I to make a good faith effort to notify an employer or owner within 10 working days if an onsite inspection identifies a hazard at any building construction worksite, not just residential construction sites.
The law takes effect June 11, 2026.
House Bill 1121: Working Conditions for Certain Minors
The law allows 16- and 17-year-old students enrolled in approved college or career and technical education programs to work the same number of hours and days during the school year as would be permitted during school vacations or holidays.
The law takes effect July 1, 2026.
House Bill 1644: Safety and Health of Working Minors
The law requires L&I to perform a worksite safety and health consultation before minors in vocational or career programs can perform work duties typically prohibited based on age. The law also increases the penalties for child wage and hour, work permit, and job duty violations and violations that result in serious injury or death of a minor.
The law takes effect July 1, 2026.
House Bill 2492: State Registered Apprenticeships
The law requires state registered apprenticeships in the building and construction trades to provide apprentices with mandatory behavioral health and wellness training beginning July 1, 2027.
The law takes effect June 11, 2026.
