Many new laws recently took effect in Washington State after this year’s legislative session. We’ve highlighted four key updates for employers, listed below, to help ensure compliance and avoid potential penalties.
1. SSB 5408: ALLOWING FOR CORRECTIONS TO WAGE AND SALARY DISCLOSURES – Employers can now fix wage disclosure errors before facing penalties.
Under Washington law, employers with fifteen or more employees are required to disclose the wage scale or salary range and a general description of all the benefits and other compensation offered in a job posting. Effective July 27, 2025, employers must be afforded an opportunity to correct a violation of the disclosure requirements before a job applicant may pursue remedies under the statute. This recent amendment states that where an employer corrects the error on a posting within five business days of receiving written notice, and contacts any third-party posting entity, when applicable, penalties may not be awarded.
2. SB 5525: MINI-WARN ACT – Employers with 50 or more full-time staff are now required to provide 60 days’ written notice for mass layoffs or closures.
Effective July 27, 2025, employers with fifty or more full-time employees may not close their business or issue mass layoffs without providing sixty days’ written notice to affected employees. Additionally, employers who extend previously announced short-term mass layoffs beyond three months must provide notice when such an extension becomes reasonably foreseeable. A number of exceptions to the notice requirement are outlined in the statute, including the employer seeking capital that would have enabled the employer to avoid the closing or layoff, unforeseeable business circumstances, natural disasters, and use of certain temporary employee contracts. Washington’s Mini-WARN Act is in addition to the federal WARN Act, so employers should check for compliance with both.
3. HB 1747: FAIR CHANCE ACT UPDATES – HIRING AND BACKGROUND CHECKS – Employers are prohibited from inquiring about criminal history until after a conditional job offer.
Pursuant to amended legislation, as of July 27, 2025, an employer is prohibited from inquiring about criminal history, either orally or in writing, or otherwise obtaining information about an applicant’s criminal history until the employer has made a conditional offer of employment. The offer may be conditioned on receipt of the applicant’s criminal record. Further, employers are prohibited from rejecting an applicant for failure to disclose criminal history prior to receiving a conditional offer of employment. The bill additionally provides that employers may not carry out any adverse employment action solely based on an applicant or employee’s conviction record unless the employer has a legitimate business reason for doing so. Penalties for violations of the policies have been increased by HB 1747.
4. HB 1308: EMPLOYEE ACCESS TO PERSONNEL FILES – Employees can now request and receive copies of their personnel files within 21 days of request, without cost, and with penalties for non-compliance.
As of July 27, 2025, Washington employers have new obligations regarding employees’ access to personnel files. In addition to being able to inspect personnel files, employees can now request actual copies. A personnel file may include all job application records, performance evaluations, nonactive or closed disciplinary records, leave and accommodation records, payroll records, and employment agreements. Upon the employee’s request, an employer shall provide a copy of personnel files within twenty-one calendar days. An employee may not be charged for the cost of such production. If an employer fails to comply with these new requirements, it may be subject to both a private cause of action on behalf of the affected employee, or statutory damages as provided in the bill.
The Employment Law Advising & Defense Litigation attorneys at Ryan Swanson Law are closely monitoring these legislative changes and are available to assist with any questions or concerns you may have regarding their impact on your business.
