The Latest In Washington Employment Law
Ronald Tang, an employment attorney, wrote this Washington employment law update. Updated April 21, 2026.
Happy 2026 from Rocke Law! Washington’s legislature passed over 300 new laws in 2025, many of which impact employers in 2026. Here’s a practical rundown of the most important changes, so you can keep your workplace compliant and your policies up to date.
Wage and Hour Changes
- Statewide Minimum Wage: Increases from $16.66 to $17.13 per hour.
- Seattle Minimum Wage: Rises from $20.76 to $21.30 per hour.
- Exempt Employee Salary Threshold: To qualify as exempt from minimum wage and overtime, employees must earn at least $80,168.40 annually and meet the duties test.
- Computer Professionals: Must earn $124,706.40 per year or $59.96 per hour to be exempt.
- Tip and Service Charges: No changes for 2026, but employers should regularly review practices for compliance.
Expanded L&I Authority = Increased Wage and Hour Class Action Risk
HB 2479 passed in Washington’s 2026 Legislature’s Session, giving L&I significantly expanded authority to investigate wage and hour complaints and impose penalties for willful violations, effective June 11, 2026. The prior $20,000 cap has been eliminated, willfulness is now easier to establish, and one complaint can trigger a company-wide investigation.
Noncompete Agreements
- Salary Thresholds: Noncompetes are only enforceable for employees earning over $126,858.83 and independent contractors earning over $317,147.09.
- Below Threshold: Noncompetes for lower earners are unenforceable and may expose employers to liability.
- Non-Solicitation Agreements: These are not subject to salary thresholds but should still be reviewed by legal counsel.
UPDATE: Washington is banning noncompete agreements, effective June 30, 2027! Read about your obligations, options, and risks here.
Paid Family and Medical Leave (PFML) & Paid Sick Leave
- PFML Employer Size: The threshold drops from 50 to 25 employees in 2026. It will drop to 15 in 2027 and 8 in 2028.
- Employee Eligibility: Employees qualify for PFML after 6 months of employment (down from 12 months and 1,250 hours). No minimum hours required.
- Job Protection: Expanded to cover more employees and smaller employers.
- Health Insurance Continuation: Employers must maintain health insurance coverage during PFML when job protection applies, even if the leave does not overlap with FMLA.
- Paid Sick Leave: Starting July 27, 2025, employees can use paid sick leave for immigration proceedings for themselves or family members.
We have a set of comprehensive free resources for employers, HR professionals, and business leaders looking to get a full understanding of their obligations, options, and risks with leave.
Victim Leave and Safety Accommodations
- Expanded Protections: Leave and safety accommodations now cover victims of hate crimes, in addition to domestic violence, sexual assault, and stalking.
- Safety Accommodations: May include reassignment, modified schedules, or additional safeguards.
Equal Pay and Opportunities Act (EPOA)
- Pay and Benefits Transparency: Employers* must disclose pay and benefit details in job postings.
- Correction Period: From July 27, 2025, to July 27, 2027, employers have five days to correct non-compliant postings after written notice, before a lawsuit can be filed.
*Employers with 15+ Washington-based employees.
Mass Layoffs and the “Mini-WARN Act”
- Notice Requirements: Employers with 50+ full-time employees must give 60 days’ written notice to the Employment Security Department and affected employees/unions for mass layoffs or closures at a single site.
- March 2026 Amendment: Read here
Access to Personnel Files
- Employee Rights: Employers must provide a copy of an employee’s personnel file within 21 days of a written request.
- Discharge Statement: Upon request, former employees must receive a written statement of the discharge date and reason.
- Penalties: Noncompliance can result in statutory damages and attorneys’ fees.
Compliance Tips for Employers
- Review and Update Policies: Ensure your handbooks, job postings, and employment agreements reflect the new laws.
- Train Managers: Make sure HR and supervisors understand the new eligibility rules, notice requirements, and compliance steps.
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