The Legislature is considering an unprecedented number of employment-related mandates without fair notice or adequate technical support. These include:
- Allowing striking workers to access unemployment insurance (SB 5041)
- Creating a private right of action for personnel record violations (HB 1308)
- Prohibiting job applications from requiring a driver’s license unless essential to the job (SB 5501, HB 1402)
- Raising the minimum wage to $25 by 2032, along with paid time off and bereavement mandates (SB 5578, HB 1764)
Increasing Private Right of Action (PRA) without support – Expanding PRA without technical assistance will leave businesses struggling to comply, facing penalties and costly legal battles. Many mandates grant a PRA, allowing lawsuits for alleged non-compliance—even when businesses act in good faith. Given Washington’s worker-friendly courts, many employers settle to avoid prolonged litigation. With rising class-action lawsuits over job posting violations, more PRA proposals will only accelerate this trend.
WR advocates for a balanced approach that upholds worker protections while recognizing business realities. SB 5408 is a step in the right direction, introducing a “right-to-cure” provision for job posting mistakes. Retailers are resilient, but they need legislative policies that support, not hinder, their success.
