Despite a short Legislative session, the Washington Legislature has introduced nearly three times as many employment law bills as it did during the long 2025 session. Notably, more proposals include a private right of action (PRA) provision — a concerning trend given California’s experience with its PAGA (Private Attorneys General Act) experiment. In California, PAGA drove a steep rise in costly, often low-merit lawsuits against employers, prompting lawmakers to enact long-overdue reforms in 2024.
Supporters of PRA argue that it can supplement agency enforcement, especially when administrative resources are limited. In practice, however, PRA-driven civil litigation can undermine basic due process. Employers are compelled to defend against allegations and, in effect, bear the burden of proving compliance rather than benefiting from a presumption of innocence. Even when claims lack merit or evidence, the cost and risk of litigation push many employers to settle early.
One report found that labor claims filed under California’s PAGA take roughly twice as long to resolve and provide workers only about one-third of the compensation compared to employment claims reviewed by state regulators. Following California’s 2024 reforms, early results indicate workers are seeing faster resolutions and higher recoveries, while employers are better able to focus on compliance rather than defending against frivolous lawsuits.
Bills proposed this session that include a PRA:
- HB 2144 – Requires employers to provide notice to workers when using electronic monitoring devices
- HB 2524 – Establishes a security guard industry standards board
- HB 2105 / SB 5852 – Immigrant Workers Protection Act
- SB 6053 – Domestic workers protection
WR aims to educate legislators and advocates and promote a balanced approach that protects the rights of both workers and employers.
