As of August 23, 2026, workers receiving unemployment benefits while on strike are required to complete and document qualifying job search activities each week they claim benefits, according to the Washington Employment Security Department.
The requirement follows a determination by the U.S. Department of Labor that Washington’s previous exemption for striking workers did not comply with federal unemployment insurance requirements. Federal law requires unemployment claimants to be able to work, available for work, and actively seeking work each week they receive benefits.
Washington had waived the work search requirement for striking workers beginning January 1, 2026, after ESSB 5041 authorized unemployment benefits for eligible striking workers. The Employment Security Department had considered striking workers to remain attached to their employer and therefore exempt from work search requirements.
An emergency rule filed August 21 removed striking workers from the definition of workers considered “attached to an employer.” As a result, eligible striking workers must now meet applicable work search requirements.
The change applies to workers who were already on strike as well as those participating in future strikes. The department is developing additional guidance for affected claimants and plans to engage stakeholders as it develops permanent rules.
The department said the change was necessary to comply with federal requirements and avoid potential impacts to federal funding for Washington’s unemployment insurance program and employers’ federal unemployment tax credits.
