New Employment Laws in Washington: What HR Pros Need to Know
Washington is a tech and aviation playground, hosting the likes of Amazon, Microsoft, and Boeing. It’s not just a few giants, either; the tech sector employs a whopping 22% of the state's workforce, the highest in the country. But they’ve got a whole lot more going on than just tech. We’re talking forestry, farming, and then some.
No matter your industry, failing to comply with state employment laws can mean fines, penalties, and even reputational damage. But the money and legal troubles are nothing compared to the real cost: employees who feel they can’t trust the company to have their backs. When your workplace is fair and caring, it’s not just ticking boxes; it’s a place where people genuinely want to be.
At BambooHR, we know how challenging it is to stay up to date with changing labor laws. Our easy-to-use HR software helps you manage these changes, keeping your business running smoothly and helping your employees feel cared for.
Washington has released some new updates and changes to labor laws in 2024, and we’ve got the full breakdown for you right here.
Washington labor statistics
- 3.8 million people employed
- 4.8% unemployment rate
- $672 billion GDP
- $91,306 median household income
- Key industries: aerospace, aviation, forestry, tourism
- 50,000 jobs created from January 2023 to January 2024
5 Washington labor laws employers need to know
Agricultural labor laws:
As temperatures soar to hazardous heights across the US, Washington is taking a stand to keep agricultural workers safe. The Be Heat Smart program requires that the wellbeing and safety of outdoor workers be a top priority for employers.
Here are some of the requirements for Washington agricultural employers:
- Provide enough cool drinking water for outdoor workers at all times, as well as enough time to drink the water.
- Provide enough shade or other cooling measures at all times.
- When temperatures rise above 90 degrees, all workers are required to take at least a 10-minute paid break every two hours to cool down, with longer and more frequent breaks when the temperature rises above 100 degrees.
- Provide training, emergency procedures, and communication methods for supervisors to handle all heat-related illnesses and emergencies.
As of January 2024, agricultural workers are now eligible for overtime pay when working more than 40 hours per week (down from 48 hours per week in 2023). And they must be paid at least the state’s minimum wage for every hour worked, even if they’re paid a piece-rate (by production, rather than time).
Child labor:
Employees younger than 18 are considered child laborers, and there are specific laws and regulations designed to keep them safe. Employers must obtain a Minor Working Permit from the Washington State Department of Labor Industries to hire a minor employee, plus a parent/school authorization.
- Minor employees (age 14–17) have strict limits on their daily and weekly work hours depending on their age and whether school is in session or not.
- There are also limits on the time of day they can start and stop work, depending on their age and whether they’re in school.
- Minor workers must have a meal break when they work a certain amount of hours in a day and a 10-minute rest break as required.
It’s critical for both the health and safety of your young workers, as well as the legal standing of your company, that you understand and adhere to all of these regulations.
Family and Medical Leave (FMLA):
The FMLA requirements in Washington go above and beyond the federal standard of 12 unpaid weeks, thanks to the Paid Family and Medical Leave (PFML) benefits through the Washington Employment Security Department (ESD).
The legally mandated paid leave lasts for up to twelve times the typical workweek, and employees qualify for this leave after working 820 hours. Those hours don’t need to be with a single employer, either.
In January 2024, changes came into effect to clarify how employers who use PTO (paid time off) programs to manage both sick and non-sick leave for employees must ensure they meet the state’s standards:
- Employers need to notify their employees if the PTO program is meant to satisfy Washington’s paid sick leave requirements
- All PTO must be available on the same terms, for the same purposes, under the law requiring paid sick leave—unless the employer gives a more generous amount of leave in their PTO bank
- Employees accrue one hour of paid sick leave per 40 hours worked, paid at the greater of the minimum hourly rate for tipped employees or their normal hourly compensation
- At least 40 hours of unused sick leave must be able to be carried over
- Employers must track the sick leave portion separately from the non-sick leave
- Employers can’t require, or encourage, employees to use their sick leave for non-paid sick leave before using the non-paid sick leave time
However, there are also stipulations to be aware of on the employee side as well. Employees must tell their employer about planned leave in advance and they can be penalized for dishonesty. There are no benefits provided if an employee works during leave, is suspended, or intentionally causes harm. An employee’s paid leave benefits can also be used for child support.
As Washington continues to enhance and clarify its regulations around providing appropriately paid sick leave for workers, employers will need to ensure their programs meet these employee needs and these legal requirements.
Minimum wage:
Washington’s minimum wage in 2024 is $14.49 per hour for most workers, in most areas.
Some local jurisdictions have set higher minimum wages for workers: Bellingham ($17.28), Seattle ($19.97), SeaTac ($19.71), and Tukwila ($20.29).
Each year, the minimum wage in Washington will be adjusted according to the federal Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) to keep up with the cost of living. The new minimum wage will be announced on September 30, and go into effect on January 1 of each year.
These changes will require updating employment contracts and adjusting payroll systems for all eligible employees to ensure you’re still in compliance.
Pay transparency:
A new pay transparency law came into effect in 2023 to increase fairness in employee pay. It requires all employers with 15 or more employees to disclose their wage scale or salary range, and a description of benefits and other compensation, in every job posting. This information also must be shared when an employee requests an internal transfer.
It's critical that HR updates job postings to comply with these new requirements and to be prepared to handle pay scales and salary questions from current employees. Your process for internal transfers and promotions may need to be updated as well. Compliance with these regulations not only ensures you meet legal requirements but also promotes an open and fair workplace environment.
Stay ahead of compliance updates with BambooHR®
At BambooHR, we know how challenging it is to stay up to date with changing labor laws. Our easy-to-use HR software helps you manage these changes, keeping your business running smoothly and helping your employees feel cared for.