Washington employers are facing a surge in class action lawsuits, many stemming from the Silenced No More Act (which some lawyers abbreviate as SNMA) and recent changes to wage, hour, and pay transparency laws. This short read explores why these lawsuits are increasing, what other businesses have experienced, and how you can proactively protect your organization.

Why Are Class Actions Rising in Washington?

Since this statute took effect in 2022, employers have been restricted from using nondisclosure and non-disparagement provisions that prevent employees from discussing specific topics of workplace conduct they reasonably believe to be unlawful. These topics include discrimination, harassment, wage violations, and retaliation. Violations can result in statutory damages of $10,000 per employee, plus attorneys’ fees.

Class Action attorneys find one person, or simply train them, to apply to your job posting if it is deficient. Then, they present that person as a representative of others who applied. This creates a potential class-sized risk for employers.

Recent amendments to the Equal Pay and Opportunities Act (EPOA) require employers with 15+ Washington-based employees to disclose pay rates and benefits in job postings. Noncompliance has led to hundreds of class actions, but a new grace period (SB 5408, effective July 2025) gives employers five days to correct postings before a lawsuit can proceed. Learn how to avoid this type of class action.

Real-World Examples: What Other Businesses Have Faced

• Tom Douglas Restaurants settled a class action over service fees and breaks, highlighting the risk of wage-and-hour violations in hospitality.
• Din Tai Fung Seattle resolved a labor law settlement, showing that even well-known brands are not immune.
• Canlis faced a wage theft lawsuit, emphasizing the importance of transparent pay practices.

These cases illustrate that class actions can arise from issues as varied as meal/rest breaks, pay transparency, and confidentiality policies.

Key Legal Changes Affecting Employers in 2026

• Minimum Wage Increase: Washington’s minimum wage rose to $17.13/hour, and Seattle’s rose to $21.30/hour in January 2026.  Employers must update payroll systems and train HR teams for compliance.
• Expanded Worker Rights: New laws strengthen protections around leave, confidentiality, and worker disclosures under the SNMA. Written notice requirements for extended leave and updated employee handbooks are now mandatory.
  • FREE guide, compliance checklist, and notice template here!
  • Check out our NEW Employee Handbook Review service here
• Wage-and-Hour Laws: Strict requirements for breaks, overtime, and recordkeeping mean even minor errors can trigger class actions. California-based law firms are actively filing cases in Washington, increasing litigation risk.

How Can Employers Avoid Class Actions?

1. Audit Your Policies: Review all employment agreements, handbooks, and job postings for compliance with SNMA and EPOA. Remove or revise any language that restricts employee disclosures about unlawful conduct. Or, have us do it for you!
2. Compliant Job Posting Guide
3. Get your employee handbook reviewed by an attorney
4. Train HR and Managers: Ensure your team understands new wage, hour, and leave laws. Conduct regular compliance training and payroll audits.
5. Respond Quickly to Notices: Take advantage of the SB 5408 grace period; correct noncompliant job postings within five days of written notice.
6. Document Everything: Maintain detailed records of hours worked, pay rates, and wage deductions for at least three years. Document all meal waivers and compliance efforts.
7. Consult Experienced Counsel: Early legal advice can help you avoid costly mistakes and defend against class certification.
8. Stay In The Loop: Subscribe to our free newsletter to get notified of law changes, increasing areas of risk, and best practice recommendations

Conclusion

The landscape for Washington employers is changing rapidly. Class actions are on the rise, driven by new laws and aggressive enforcement. By staying informed, auditing your practices, and responding proactively, you can protect your business from litigation and foster a fair, transparent workplace.