The Washington legislature’s common session adjourned on March 7, 2024, and Governor Jay Inslee has signed a number of employment-related payments into legislation:
SHB 1905 (pay fairness): Expands Washington’s current pay fairness legislation past gender to additionally embody membership in an extended checklist of protected lessons: age, intercourse, marital standing, sexual orientation, race, creed, coloration, nationwide origin, citizenship or immigration standing, honorably discharged veteran or army standing, or the presence of any sensory, psychological, or bodily incapacity or using a educated canine information or service animal by an individual with a incapacity. Efficient July 1, 2025.
Notice from Vigilant: We are going to replace our Authorized Information, Equal Pay: Keep away from the Pitfalls with this transformation.
ESSB 5778 (employer communications on spiritual or political points): The “Worker Free Selection Act” prohibits employers from requiring staff to attend employer-sponsored conferences, take heed to verbal communications, or view digital or different communications when the first objective is to share the employer’s opinion on spiritual or political issues. Threatening or imposing any unfavorable penalties for failure to take action is equally forbidden. The invoice broadly defines “political issues” to incorporate “issues regarding elections for political workplace, political events, proposals to alter laws, proposals to alter rules, and the choice to hitch or help any political celebration or political, civic, neighborhood, fraternal, or labor affiliation or group.” Efficient June 6, 2024.
Notice from Vigilant: It’s doable this legislation could possibly be challenged as a result of the Nationwide Labor Relations Act (NLRA) usually offers employers the fitting to carry “captive viewers” speeches to speak their viewpoint throughout union organizing drives. We’ll maintain members knowledgeable of any substantive developments.
ESSB 5793 (paid sick go away enlargement): Expands the definition of member of the family underneath Washington Paid Sick Depart to match the definition in Washington Paid Household and Medical Depart (WPFML). The revised checklist of relations for whom an worker could take day without work to supply care underneath Washington Paid Sick Depart now consists of the worker’s little one’s partner and “any particular person who usually resides within the worker’s dwelling or the place the connection creates an expectation that the worker take care of the particular person, and that particular person is determined by the worker for care.” An worker’s registered home associate is already lined underneath present legislation, however the brand new invoice defines anybody’s “partner” to incorporate a husband, spouse, or state registered home associate. The invoice additionally expands the approved causes for taking Washington Paid Sick Depart to incorporate conditions when an worker’s little one’s faculty or place of care has been closed after the declaration of an emergency by an area or state authorities or company, or by the federal authorities. Efficient January 1, 2025.
Notice from Vigilant: “Emergency” isn’t outlined within the invoice, however it will be cheap to imagine it consists of emergency declarations associated to occasions corresponding to flooding, excessive climate, or wildfire smoke. Additionally, you probably have any workers working within the Metropolis of Tacoma, the Tacoma Paid Sick Depart Ordinance says that if the state’s causes for go away are extra beneficiant, the state legislation applies.
SB 5979 (paid sick go away clarifications for development business): Clarifies the definition of development staff who’re entitled to obtain a payout of their accrued however unused sick pay in the event that they terminate employment earlier than reaching their 90-day eligibility interval for Washington Paid Sick Depart. A development employee is outlined as “a employee who carried out service, upkeep, or development work on a jobsite, within the discipline or in a fabrication store utilizing the instruments of the employee’s commerce or craft.” This statutory language overrides current paid sick go away rules (WAC 296-128-600(3)) that granted the payout proper to workers who aren’t immediately engaged within the development work itself, corresponding to nonexempt administrative employees of a development firm. Efficient March 13, 2024.
Notice from Vigilant: This payout requirement solely applies to employers within the development business (North American Business Classification System (NAICS) code 23), however to not employers in residential constructing development (NAICS code 2361). Building business employers with a collective bargaining settlement proceed to be exempt from Washington Paid Sick Depart so long as they qualify for an exemption underneath RCW 49.46.180.
ESSB 6069 (necessary employer-facilitated retirement financial savings): Establishes Washington Saves, which would require most employers that don’t supply a retirement plan to routinely enroll staff in a state-administered retirement financial savings plan. Coated employers will deduct a proportion of staff’ paychecks and ship it to the state for deposit into particular person retirement accounts (IRAs). A governing board will set default charges for contribution percentages (3 to 7 %) and automated escalation (as much as 1 % per yr). The utmost contribution primarily based on the default escalation might be 10 %. Staff could modify their contribution charges or choose out of this system at any time. The accounts are moveable, so staff could proceed contributing even once they change jobs. Employers must register with the state, promptly ahead workers’ payroll deductions, and supply notices to workers. The invoice takes impact on June 6, 2024, however it’s going to take time to get this system up and working. This system is scheduled to launch by July 1, 2027, though the governing board is permitted to stagger implementation in phases after that date.
Employers aren’t allowed to contribute to Washington Saves. Nonetheless, the present Washington small enterprise retirement market will nonetheless supply voluntary choices for employer contributions to retirement funds. The invoice modifies {the marketplace} by eradicating references to payroll deductions for particular person IRAs, since these as a substitute might be provided by means of Washington Saves.
Notice from Vigilant: This laws follows related applications which can be already in place in California (CalSavers) and Oregon (OregonSaves). As completely employment attorneys, Vigilant Regulation Group gained’t have the ability to advise members on the ins and outs of this legislation, so you should definitely work with advantages counsel or associated distributors as implementation approaches in 2027.
Suggestions: These new legal guidelines would require employers to take particular actions in a wide range of areas. Discuss together with your Vigilant Regulation Group employment legal professional when you want a referral for an equal pay compensation evaluation. In case you are contemplating holding worker conferences or sharing print or digital messages with workers about spiritual matters, political points, or union organizing, contact your Vigilant Regulation Group employment legal professional for recommendation first. Replace your paid sick go away coverage by January 1, 2025, with the expanded lined relations and causes for go away. We might be updating our Mannequin Coverage, Washington Paid Sick Depart Coverage with the adjustments. When you’re within the development business and lined by Washington Paid Sick Depart, make sure you’re correctly paying out unused sick go away for development staff who separate employment earlier than their 90th day. And eventually, watch your electronic mail inbox for updates from the state of Washington on the rollout of the brand new Washington Saves program – they are going to be reaching out to employers when their programs are in place to start accepting contributions.
