Washington State Capitol (Jerry Cornfield/Washington State Standard)
WR’s employment law team addressed six significant legislative proposals this week, many of which carry substantial implications for employers across Washington, particularly small businesses.
SB 5104 – Coercion Based on Immigration Status
This bill introduces civil penalties for employers who use immigration-related threats to coerce workers into accepting violations of the Wage Payment Act. WR testified with concerns about the bill’s clarity and its potential to inadvertently hinder legitimate employer-employee communications. WR is collaborating with stakeholders to refine and amend the bill’s language.
SB 5217 – Elimination of Small Employer Exemptions for Pregnancy Accommodation
Under current law, businesses with fewer than 15 employees are exempt from providing pregnancy accommodations. This proposal seeks to remove that exemption and require employers to cover travel and break time for expressing breast milk for up to two years postpartum. WR testified as “OTHER,” citing concerns over the financial and operational burdens this would place on small businesses, particularly those without feasible on-site spaces for lactation accommodations.
HB 1213 – Removal of Job Protection and Health Benefit Exemptions in the Paid Leave Program
Currently, small employers with fewer than 50 employees are exempt from providing job protection and health benefit continuation for employees on Paid Family and Medical Leave (PFML). This bill aims to eliminate these exemptions, imposing new requirements that could significantly strain small businesses. WR opposed the bill, emphasizing its potential to disproportionately impact small employers.
SB 5041 – Unemployment Benefits for Workers on Strike
This bill proposes to extend unemployment benefits to workers on strike. WR testified in opposition, highlighting that the unemployment insurance (UI) system was designed to support workers who lose their jobs through no fault of their own. WR argued that this bill could jeopardize federal funding by bringing the UI system out of conformity with federal guidelines, undermine good-faith negotiations, and destabilize the UI program’s purpose.
SB 5101 – Leave for Hate Crime and Bias Incident Victims
This bill would require employers to provide leave for victims of hate crimes and bias incidents, similar to leave currently available for victims of domestic violence or stalking. WR supported the bill’s intent but raised two key concerns:
- Clarifying Scope: WR recommended removing all references to “bias incidents” to focus resources on verifiable victims of hate crimes or domestic violence.
- Alignment with Existing Frameworks: WR suggested incorporating references to the Domestic Violence Leave Act (DVLA) to ensure clarity for employers and the Department of Labor and Industries. WR is collaborating with proponents to refine the bill’s language.
SB 5292 – Change to Paid Leave Rate Setting and Removal of Rate Cap
This proposal seeks to align the Paid Family and Medical Leave (PFML) program’s rate-setting process with actuarial principles, as recommended by the Joint Legislative Audit and Review Committee (JLARC). However, it also seeks to remove the statutory rate cap of 1.2%, a measure not included in JLARC’s recommendations. WR testified as “OTHER,” expressing concerns about the rate cap removal. Since the PFML program began collecting premiums in 2019, the rate has already doubled, with projections suggesting it will reach the statutory cap by 2028. WR supports sustainable PFML reforms but opposes changes that could unduly burden small businesses and employees without proper safeguards.
