Workplace Compliance News & Resources
for the Pacific States

Who: Alaska employers

When: Effective July 1, 2025

On November 5, 2024, Alaskan voters approved Ballot Measure 1 (BM1). BM1 is a voter initiative that:

• Increases the minimum wage;
• Requires employers to provide sick leave to employees; and
• Prohibits employers from requiring employees to attend meetings or listen to communications when the primary purpose of the communication is to share the employer’s opinion about political or religious matters.

The law goes into effect on July 1, 2025.

Alaska’s minimum wage is currently $11.91, and Ballot Measure 1 will increase the minimum wage to:

• $13.00 on July 1, 2025;
• $14.00 on July 1, 2026; and
• $15.00 on July 1, 2027.

Beginning January 1, 2028, under BM1, the minimum wage will then increase annually for inflation. The Alaska Department of Labor and Workforce Development will be responsible for calculating that adjustment based on the Consumer Price Index.

Ballot Measure 1 also requires employers to provide employees with paid sick leave. Beginning July 1, 2025, employers must allow employees to accrue and use one hour of paid sick leave for every 30 hours worked. Employers with 15 or more employees must allow employees to accrue and use up to 56 hours of paid sick leave per year, while employers with fewer than 15 employees must allow employees to accrue up to 40 hours per year.

Employers may set higher limits and allow employees to accrue and use more paid sick leave. Some employers may have in place paid time off plans that meet or exceed the minimum requirements of the new law, but they must allow for up to 56 hours or 40 hours of leave, depending on their size. Additionally, employers must permit employees to roll over paid sick leave from year to year without a cap or cash-out at the end of the year. Employers are not obligated to reimburse employees for unused paid sick leave upon termination. Furthermore, employers are not mandated to allow employees to use paid sick leave hours that exceed the minimums of 40 or 56 hours.

Some employees are exempt from certain requirements under Ballot Measure 1. Depending on the exemption, different minimum wage or salary limits may apply. Employees exempt from overtime requirements “shall be assumed to work 40 hours in each week for purposes of paid sick leave accrual unless their normal work week is less than 40 hours, in which case paid sick leave accrues based upon that normal work week.” The law will apply to nonexempt part-time employees, but not to those individuals who are on the exempt list. See Alaska’s Ballot Measure 1 question 6 on the FAQ page for details about those individuals exempt from paid sick leave.

Employees can use paid sick leave for themselves or family members for the following reasons: 1) Mental or physical illness, including diagnosis, care, treatment, and preventive medical care; or 2) care or legal assistance related to domestic violence, sexual assault, or stalking. If an employee takes three consecutive days of paid sick leave, employers may require documentation. If employers already offer paid time off or sick leave, they must meet the minimum requirements of Alaska’s paid sick leave law.

To comply with the new law, employers must update their signage to include the new Summary of Alaska Wage and Hour Act poster. Employers must also provide employees with written notice of the new paid sick leave requirements, including the terms of paid sick leave usage, within 30 days of July 1, 2025, or upon commencement of employment, whichever is later.

The final section of Ballot Measure 1 prohibits employers from requiring employees to attend meetings or listen to communications when the primary purpose of the meeting or communication is to share the employer’s opinion about political or religious matters:

• According to the law, the term political matters means matters relating to elections for political office, political parties, candidates, proposed legislation or regulations, and the decision whether or not to join or support a political party, or political, civic, communal, fraternal, or labor organization; and
• The term religious matters means matters relating to religious affiliation and practice and the decision whether or not to join or support a religious organization or association.

In addition to prohibiting employers from requiring attendance at such meetings, BM1 also prohibits employers from taking or threatening adverse employment actions against employees who refuse to attend such meetings or listen to such communications.

How:

• Review your minimum wage and paid sick leave policies and update them to comply with the law.
• Update employee signage to include the new Summary of Alaska Wage and Hour Act poster.
• Provide employees with written notice as to new sick leave requirements and the terms of the use of paid sick leave.
• As necessary, update your policies regarding employer-sponsored meetings and communications to comply with the law.

Additional Resources:

Ballot Measure 1

AS 23.10.490

Wage And Hour – Employees’ Frequently Asked Questions

Ballot Measure 1 FAQ

Summary of Alaska Wage and Hour Act Poster

Who: Hawaii private employers with 50 or more employees

When: Effective January 1, 2024

Governor Josh Green signed SB 1057 into law to reduce pay inequalities by increasing pay transparency and prohibiting pay discrimination for certain employees. The law applies to private employers that have 50 or more employees.

Starting January 1, 2024, employers must include in their job postings the hourly rate or salary range that reasonably reflects what they expect to pay. Employers do not have to include benefit information in job postings.

The law does not apply to these job listings:

• Positions at employers with less than 50 employees;
• Internal transfers or promotions with a current employer; and
• Public employee positions covered under a collective bargaining agreement.

The new law amends the state’s equal pay law in two ways. First, it prohibits pay discrimination against workers based on any protected category under Hawaii law. Second, it requires employers to compare employees who perform “substantially similar work” rather than “equal work.”

How:

• Review and update your pay transparency policies and practices to comply with the law.
• Update your job postings to include the required information.
• Train all personnel and third parties involved in the hiring process on the provisions of the law.
• Consider conducting pay audits to uncover disallowed pay discrimination practices.

Additional Resources:

SB 1057

Who: Oregon employers with 10 or more employees

When: Effective January 1, 2026

Oregon Governor Tina Kotek signed Senate Bill 1108 into law earlier this year, which amends Oregon’s paid sick leave law. Currently, employees can take paid sick leave if they or a family member are sick, injured, experiencing mental illness, or need to visit the doctor. Employers with 10 or more employees must accrue one hour of paid sick leave for every 30 hours the employee works. Employers may cap the leave at 40 hours.

Effective January 1, 2026, employees may also use paid sick leave to donate blood through a program approved or accredited by the American Association of Blood Banks or the American Red Cross.

How to comply:

• Update your paid sick leave policies to include blood donation.

Resources:

SB 1108

Who: Oregon employers

When: Effective September 28, 2025

On May 27, 2025, Oregon Governor Tina Kotek signed HB 3875 into law, which amends the Oregon Consumer Privacy Act and expands its scope to cover all motor vehicle manufacturers and their affiliates that control or process personal data obtained from consumers’ use of a vehicle or any component of a vehicle. The law goes into effect on September 28, 2025. Consequently, drivers have the right to opt out of having their personal data sold or used for advertising by car makers.

Affiliate is defined as “a person that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with another person” such that:

1. The person owns or has the power to vote more than 50% of the outstanding shares of any voting class of the other person’s securities;
2. The person has the power to direct the management of another person;
3. The person has the power to elect or influence the election of a majority of the directors, members, or managers of the other person; or
4. The person is subject to another person’s exercise of the powers as described in the law.

For dealerships, it’s ambiguous whether they qualify as an affiliate, and they will need to evaluate their corporate structure and agreements with manufacturers to see if the definition applies. Those subjected to the Oregon Consumer Privacy Act (OCPA) privacy requirements must comply by:

• Providing transparent privacy notices;
• Obtaining consumer consent for data collection and sharing under certain circumstances;
• Offering consumer rights such as access, correction, deletion, and data portability; and
• Implementing reasonable data security measures.

The law applies to personal data collected through vehicle technologies, such as navigation systems, driver behavior analytics, location data, and mobile apps.

Under the Gramm-Leach-Bliley Act (GLBA), auto dealers engaged in leasing or financing must comply with Federal Trade Commission (FTC) rules.

How:

• Conduct a data audit to understand all the personal data you are collecting from drivers and connected vehicle systems.
• Review and update your privacy notices and practices.
• Review contracts with manufacturers and vendors to understand data-sharing provisions and compliance obligations.
• Train all staff on the law.

Additional Resources:

HB 3875

Oregon Consumer Privacy Act

FAQs on the Privacy Rule for Auto Dealers

Safeguards Rule updates for information security programs

Who: Oregon employers

When: Effective immediately

The Oregon Bureau of Labor and Industries released a revised salary threshold for Oregon. Effective immediately, the Oregon salary threshold for noncompetition agreements has increased from $113,427 to $116,427, meaning the employee must earn an annual gross income greater than $116,427 in order for a noncompetition agreement to be enforceable. A noncompetition agreement is a written agreement between the employer and employee in which the employee agrees not to compete with the employer by providing products, processes, or services similar to those of the employer for a specified period of time and within a specific geographic region.

In addition to the requirement that the employee meets or exceeds the salary threshold, other noncompetition agreements provisions include:

1. Employers must either inform new employees in writing at least two weeks before the first day of the employee’s employment that a noncompetition agreement is required as a condition of employment or require a noncompetition agreement only after a subsequent bona fide advancement of an existing employee.
2. The term of a noncompetition agreement may not exceed 12 months from the date of the employee’s termination.
3. The employer must have a “protectable interest.” For example, the employee subject to the noncompetition agreement must have access to trade secrets or competitively sensitive confidential business or professional information.
4. Employers must provide a signed, written copy of the terms of the noncompetition agreement to the employee within 30 days after the employee’s termination date.

If an employer does not meet all of these provisions, the noncompetition agreement is not enforceable. It is void rather than voidable, meaning the employee need not take steps to invalidate it.

How:

• Update your policies to comply with the provisions of the law.
• Consult with legal counsel to ensure compliance.

Additional Resources:

Noncompetition Agreements

Who: Oregon employers

When: Effective July 1, 2024

On March 20, 2024, Oregon Governor Tina Kotek signed SB 1515, which amends existing leave laws. The Oregon Family Leave Act (OFLA) and Paid Leave Oregon (PLO) interact with employer-provided paid time off benefits and Oregon’s predictive scheduling law. Both OFLA and PLO offer job-protected leave. OFLA applies to employers with 25 or more employees. PLO applies to employers with one or more employees.

OFLA no longer runs concurrently with Paid Leave Oregon. Employees may draw on either OFLA or Paid Leave Oregon, but not both, for qualifying events.

The amendment makes other major changes to OFLA to eliminate major redundancies between the two laws. The list of covered events under OFLA is much shorter:

• Home care for the employee’s child for health conditions (serious or not) and school and childcare closures related to public health emergencies (capped at 12 weeks)
• Bereavement (capped at 12 weeks; limited to two weeks per family member at a time and four weeks total in a leave year)
• Pregnancy disability (up to 12 additional weeks; no employer notice required)
• From July 1, 2024, through December 31, 2024, up to two additional weeks of leave to facilitate the legal processes required for adoption or the placement of a foster child (will be covered by PLO after that)
• Military family leave (up to 14 days of deployment) still counts against available OFLA leave

OFLA no longer contains special provisions regarding teachers taking leave near the end of term. It also no longer provides additional sick child leave for employees who take 12 weeks of parental leave.

Employees can take PLO for:

• A serious health condition of self or family
• Parental bonding
• Pregnancy disability (employee can stack PLO and OFLA for a total of 24 weeks)
• Leave pertaining to being a survivor of sexual assault, domestic violence, harassment, bias crimes, or stalking—for oneself or if the victim was the employee’s child

Employees are allowed to use employer-provided vacation or sick leave concurrently with PLO, but the employer may cap it at the amount that provides 100% wage replacement. In addition, PLO leave is no longer capped. Employees can take the full amount of OFLA and PLO entitlements in a benefit year.

If an employee provides less than 14 days’ notice of their need for, or return from, leave under PLO or OFLA, large retail, hospitality, and food service employers now have relief from predictive scheduling penalties.

Employers can rescind approval of leave that will be taken after July 1, 2024, though they must have given notice to employees by June 1, 2024.

On May 8, 2024, the Oregon Bureau of Labor and Industries published proposed rules that are effective until July 1, 2024.

How:

• Post an Oregon Family Leave Act notice and the Oregon Paid Leave Model Notice.
• Review your leave policies and update them to comply with the law. Decide if you want to establish the order in which employees must take different types of accrued leave.
• Update your employee handbooks.
• Update your leave tracking systems.
• Train HR personnel and those who manage leave on the provisions of the law.
• Consult with legal counsel to ensure compliance.
• Monitor for final rules to be published.

Additional Resources:

SB 1515

OAR 839-009-0201

Oregon Family Leave Act for Workers

Paid Leave Oregon

Who: Covered Oregon organizations

When: Effective July 1, 2024

On July 18, 2023, Oregon Governor Tina Kotek signed the Oregon Consumer Privacy Act (OCPA), which goes into effect on July 1, 2024. Nonprofit organizations will have until July 1, 2025, to comply. The Act applies to any person conducting business in Oregon or providing products or services to Oregon residents if they:

• Control or process the personal data of more than 100,000 consumers or
• Control or process the personal data of 25,000 or more consumers and derive 25% or more of their gross revenue from selling personal data.

Personal data is defined as “derived data or any unique identifier that is linked to or is reasonably linkable to a consumer or to a device that identifies, is linked to, or is reasonably linkable to one or more consumers in a household.”

The OCPA has additional requirements for “sensitive data,” which includes children’s data; genetic or biometric data; precise geolocation data; or data that reveals a consumer’s national origin, citizen or immigration status, racial or ethnic background, religious beliefs, mental or physical condition/diagnosis, sexual orientation, transgender or non-binary status, or status as a victim of crime. A consumer’s consent is required prior to processing sensitive data.

Biometric data is defined as “personal data generated by automatic measurements of a consumer’s biological characteristics, such as the consumer’s fingerprint, voiceprint, retinal pattern, iris pattern, gait, or other unique biological characteristics that allow or confirm the unique identification of the consumer.” The definition excludes photographs, audio and video recordings, and facial mapping, unless they are using it to identify a specific consumer.

Oregon consumers have the right to control their personal data, including the right to know whether and how their data is being used, to correct or delete their data, and to obtain a copy of their personal data. Consumers may opt out of having their data sold or shared for targeted advertising. The law grants the right to know the specific third parties to whom a data controller discloses their personal data.

Data controllers must obtain consent from a parent or guardian to obtain personal data from individuals 13 to 15 years old and must retain all data protection impact assessments for a period of five years. When processing data of children under the age of 13, data controllers must follow the requirements of the federal Children’s Online Privacy Protection Act.

Data controllers must inform consumers of their privacy policies and practices and include specific information as defined in the regulation. They must ensure proper safeguards are in place to protect the data, and they must enter into specific contracts with processors handling data on their behalf.

There are exclusions for some types of data, including data processed only for the purpose of completing a payment transaction, employment data, and certain data protected by other regulations. Some types of entities, such as public corporations, businesses processing protected health information under HIPAA, and those subject to the Gramm-Leach-Bliley Act, are exempted from the law’s provisions.

The Oregon Attorney General may bring action to seek a civil penalty of no more than $7,500 per violation and other forms of relief, such as injunctive relief and restitution. There is no private right of action.

How:

• Review your data collection and processing business practices and update them to comply with the law.
• Update your reporting practices to comply with the law.
• Create and distribute a privacy policy notice with the appropriate information.

Additional Resources:

SB 619

Privacy Law FAQs for Businesses

Privacy Law FAQs for Consumers

Who: Washington employers

When: Effective January 1, 2026

Effective January 1, 2026, Washington’s SB 5101 amends the state’s Domestic Violence Leave Act to require employers to provide unpaid leave and reasonable safety accommodations for an employee who is a victim of a hate crime and for an employee to care for a family member who is a victim of a hate crime. A hate crime is defined as the commission, attempted commission, or alleged commission of assault, physical damage to or destruction of property, or a threat that places a person or group of people in reasonable fear of harm to person or property. For purposes of leave and accommodation, hate crimes explicitly include online or internet-based offenses.

The law states that hate crimes are based on actual or perceived:

• Race;
• Color;
• Religion;
• Ancestry;
• National origin;
• Gender;
• Sexual orientation;
• Gender expression;
• Gender identity;
• Mental disability;
• Physical disability; or
• Sensory disability.

Employees may take the unpaid leave to seek legal or law enforcement assistance; seek or receive treatment or counseling for physical or mental injuries; obtain social services; and participate in safety planning, relocation, or other preventive actions.

Reasonable safety accommodations include, but are not limited to, transfer; reassignment; a modified work schedule; or a new work telephone number or email address.

Employers may not discriminate or retaliate against employees who use these leave and safety accommodations.

How to comply:

• Review and update your policies and employee handbooks to reflect the new reasons an employee may take leave.
• Revise your paid sick leave policies to conform to the Washington Minimum Wage Act and the Domestic Violence Leave Act.
• Train supervisors on the safe leave law to ensure compliance.

Resources:

SB 5101

RCW 9A.36.080

Who: Washington employers with 25 to 49 employees

When: Effective January 1, 2026

On May 20, 2025, Washington Governor Bob Ferguson signed HB 1213 into law, which amends the state’s Paid Family and Medical Leave Law (PFML), effective January 1, 2026. The amendments apply to all employers and expand job protection rights and broaden health insurance coverage requirements.

Currently, only employers with 50 or more employees are required to provide job protection. The new law will require more employers to provide job protection over a three-year period. Beginning January 1, 2026, the requirement applies to employers with 25 to 49 employees. Starting January 1, 2027, it will apply to employers with 15 to 24 employees. Finally, starting January 1, 2028, it will apply to employers with eight to 14 employees.

Currently, job protection applies only to employees who have worked for their employer for at least 12 months and 1,250 hours in the year preceding their leave. Under the amended law, employees can take the leave if they have worked for their employer for 180 or more days preceding the leave, regardless of the number of hours worked.

The amended law addresses the relationship between the state PFML and the federal Family and Medical Leave Act (FMLA). The employee can choose to use PFML and FMLA at the same time, take PFML after using all FMLA leave, or forego PFML entirely. Employers may count FMLA leave toward the total amount of job-protected leave under PFML but must adhere to certain employee notification requirements as stated in the bill.

Employers must give a new notice of reinstatement rights to an employee at least five business days before the employee’s return-to-work date if they take more than two weeks of continuous leave or more than 14 days of intermittent leave.

The amendment provides for a maximum period of employment protection unless there is a written agreement in place that says otherwise. The maximum period varies according to the circumstances.

Employers must now maintain health insurance coverage for any period of PFML leave during which the employee is also entitled to job protection.

Other miscellaneous changes include allowing the state to audit employer records, changing how employer size is determined for premium calculations, and modifying the grants available to small employers.

How to comply:

• Update your leave policies.
• Display the required posters in the workplace.
• Give timely notice to employees.
• Continue monitoring for additional guidance.

Resources:

HB 1213

Final Bill Report E2SHB 1213

Washington Paid Family Medical Leave

Washington Paid Family Medical Leave Employer Webpage

Washington Paid Family Medical Leave Employer Roles and Responsibilities

Washington Paid Family Medical Leave 2026 Paid Family & Medical Leave Premiums

Washington Paid Family Medical Leave Job protection requirements for employers

Who: Washington state employers

When: Effective July 27, 2025

On May 20, 2025, Washington Governor Bob Ferguson signed into law Senate Bill 5408 (SB 5408). The law amends the state’s Equal Pay and Opportunities Act (EPOA) and goes into effect on July 27, 2025.

The EPOA, which went into effect in 2023, requires employers to include salary ranges and benefit disclosures in job postings. SB 5408 generally keeps those requirements intact, but amends the EPOA with respect to:

• Fixed-rate salary disclosures;
• Third-party liability;
• Opportunities for employers to cure noncompliant postings; and
• Damages structures under the law.

First, Washington employers may now post a fixed rate for job opportunities, in lieu of a salary range, where applicable.

Second, employers will no longer be held liable for noncompliant solicitations or other postings made by third-party websites that digitally replicate or republish job opportunities without the employer’s knowledge or consent.

Third, employers now have an opportunity to cure noncompliant job postings. Upon being notified in writing about a noncompliant job posting, an employer may have up to five business days to correct the posting before the application of penalties from July 27, 2025, to July 27, 2027.

Fourth, SB 5408 changes damages structures under the law to limit the impact of frivolous lawsuits filed regardless of an employer’s intent or actual harm in noncompliance. The new law provides for statutory damages of $100 to $5,000 per violation, including attorneys’ fees, and allows for Washington’s Department of Labor and Industries (DLI) to assess civil penalties of up to $1,000. However, the new law also asks courts and DLI to analyze and investigate claims, and take into consideration factors including:

• The size of the employer;
• Whether the violation was committed willfully;
• Whether the violation was a repeat violation;
• What amount in penalties would be necessary to deter future noncompliance;
• The purpose of the law; and
• Any other factor deemed appropriate by the court or by DLI.

A complaint must be filed within three years of a violation. Complainants may be awarded damages by a court or DLI, but not both.

How:

• Review job postings for compliance.
• Train HR personnel on the requirements of the amended law.

Additional Resources:

SB 5408

Who: Washington employers

When: Effective July 27, 2025

On April 25, 2025, Washington State Governor Bob Ferguson signed HB 1875 into law, which amends the Revised Code of Washington Section 49.46.210 to expand the reasons employees can use paid sick leave. Effective July 27, 2025, employees and transportation network company drivers can use paid sick leave to prepare for or participate in any judicial or administrative immigration proceeding involving the employee or driver or their family member.

If an employee takes more than three days of paid sick leave, the employer may require verification that the leave is for an authorized purpose. To verify such leave, the employee may submit documentation from professionals such as advocates or attorneys, or they can provide their own written statement. The documentation or statement should not include any personally identifiable information about immigration status or immigration protection.

Employees accrue one hour of paid sick leave for every 40 hours worked. Employers are prohibited from discriminating or retaliating against an employee for using paid sick leave for immigration-related matters or exercising their rights under the law.

How:

• Review and update your paid sick leave policies and notices and train supervisors and human resources teams on this development
• Train HR personnel, managers, and supervisors on the new provisions of the law.

Additional Resources:

HB 1875

Washington State Department of Labor & Industries Paid Sick Leave

Who: Bellingham, Washington employers

When: Effective Immediately

Effective May 1, 2025, the minimum wage in Bellingham, Washington, will increase to $18.66 per hour, which is $2.00 above the state minimum hourly wage. The minimum wage applies to all hours worked by employees within the geographical boundaries of the city of Bellingham. Starting January 1, 2026, the minimum wage will consistently be set at $2.00 above the state minimum wage.

The City of Bellingham has not released a minimum wage poster, and employers are not required to post a notice.

Employers who fail to pay the new minimum wage can be fined $500 for the first offense, $750 for the second offense, and up to $1,000 for the third and subsequent offenses.

How:

• Adjust your minimum wage rate to comply with the law.

Additional Resources:

Chapter 6.07 Minimum Wage for Employees

RCW 49.46.070

City Minimum Wage

Who: Washington employers

When: Effective January 1, 2025

The Washington Paid Family and Medical Leave premiums will increase on January 1, 2025, from 0.74% of wages to 0.92%, up to the 2025 Social Security cap of $176,100. Similar to 2024, employers with 50 or more employees working in the state of Washington will pay 28.48% of the premium and employees will pay 71.52% of the premium. Employers with fewer than 50 employees do not have to pay the employer portion, but they do have to collect and remit the employees’ portion or pay it on the employees’ behalf.

The Employment Security Department evaluates the benefits paid and adjusts the premiums every year in October.

How:

• Notify your employees who work in Washington of the new 2025 premium rate.
• Coordinate with payroll vendors to update systems to the new rate.
• Monitor for the release of the updated Washington Paid Family and Medical Leave Poster and post it in the workplace.

Additional Resources:

2025 Paid Family & Medical Leave Premiums

2025-Premium-Rates-Employer Letter

Washington Paid Family & Medical Leave Learn about your role in Paid Family and Medical Leave

Washington Paid Family and Medical Leave Poster

Washington Paid Family and Medical Leave Documents and Forms

Who: Washington employers

When: Effective January 1, 2025

Currently, Washington employers must accrue one hour of paid sick leave for every 40 hours an employee works. On March 28, 2024, Governor Jay Inslee signed SB 5973 into law, which amends the paid sick leave law, effective January 1, 2025.

The reasons employees can take paid sick leave now include responding to a federal or state emergency, such as a natural disaster or public health emergency, that results in the closure of the employee’s child’s school or childcare agency.

The law updated the definition of a family member to include a) an individual who regularly resides in the employee’s home and the employee relies on them for care and b) an individual who depends on the employee for care. An individual who resides in the home and does not provide care does not qualify as a family member.

The definition of child now includes the spouse of an employee’s child.

How:

• Review and update your paid sick leave policies to comply with the law.
• Train HR personnel, managers, and supervisors on the new provisions of the law.
• Monitor the Washington State Department of Labor & Industries website for an updated poster and post it in the workplace.

Additional Resources:

SB 5793

Paid Sick Leave (ESSB 5793 & SB 5979 Implementation)

Washington State Department of Labor & Industries Required Workplace Posters

Washington State Department of Labor & Industries Paid Sick Leave

Who: Burien, Washington employers

When: Effective January 1, 2025

The Burien City Council passed Ordinance No. 837 on March 8, 2024, which established a local minimum wage effective January 1, 2025, where the size of the employer determines the wage. The Council amended Ordinance No. 837 with Ordinance No. 855 on October 28, 2024, thereby establishing a minimum based on three levels.

Level 1 applies to all employers, including franchisees with 500 or more full-time employees in King County or franchisors who employ more than 500 FTEs in the aggregate. Those employers must pay employees a minimum wage of more than the state of Washington minimum wage of $16.66 per hour. Level 2 applies to employers, including franchisees, with 21 to 499 full-time employees in King County. They must pay employees $3.50 per hour more than the state of Washington minimum wage of $16.66 per hour. Level 3 applies to employers with 20 or fewer full-time employees, and they are exempt from this law.

The new Burien minimum wage is the highest in the nation. Employers are to pay their employees accordingly and monitor for a minimum wage poster to be released.

How:

• Increase your pay rates in accordance with the law.
• Monitor for a new Burien minimum wage poster and post it in the workplace.

Additional Resources:

Ordinance No. 837 (March 18, 2024)

Chapter 5.15 (March 18, 2024)

Ordinance No. 855 (October 28, 2024)

City of Burien Minimum Wage

Minimum Wage Requirements Flowchart

Minimum Wage Frequently Asked Questions

Who: Washington employers

When: Effective June 6, 2024

Washington Governor Jay Inslee signed SB 5935 into law on March 13, 2024. It amends the Revised Code of Washington Chapter 49.62, clarifying certain provisions of the 2019 law that governs noncompete covenants. SB 5935 goes into effect on June 6, 2024.

The amendments:

• Define noncompetition covenant more broadly as an agreement that “directly or indirectly prohibits the acceptance or transaction of business with a customer”;
• Clarify that non-solicitation covenants may cover only current customers of the employer, not past customers;
• Clarify that a noncompetition covenant entered into as part of the sale of a business are excluded from the statute “only if the person signing the covenant purchases, sells, acquires, or disposes of an interest representing one percent or more of the business”;
• Require an employer to disclose the terms of a noncompetition covenant no later than the time of “initial oral or written acceptance of the offer of employment”;
• Voids any provision that “allows or requires the application of choice of law principles or the substantive law of any jurisdiction other than Washington state”;
• Clarify that employers must not “explicitly leverage” noncompetition covenants entered into before January 1, 2020; and
• Expands the private right of action to anyone aggrieved by the noncompetition covenant.

How:

• Review all of your existing restrictive covenants, template covenant agreements, and notification protocols and revise as needed to comply with the law.
• Consider formally rescinding noncompliant agreements entered into prior to January 1, 2020.
• Train managers and supervisors on the law.

Additional Resources:

SB 5935

RCW 49.62

Who: Washington employers

When: Effective immediately

Governor Jay Inslee signed SB 5979 into law on March 13, 2024. The law changes which construction workers qualify for paid sick leave upon separation from work. A construction worker is now defined as one who performed “service, maintenance, or construction work on a jobsite, in the field, or in a fabrication shop using tools of the worker’s trade or craft”. As of March 13, 2024, employers must pay out unused paid sick leave to construction workers when they separate from employment before completing 90 days of employment.

This requirement is different from the requirements set out in 2023 in ESSB 5111. Originally, “construction worker” was defined as any nonexempt employee, other than those performing residential building construction, covered under the North American Industry Classification System (NAICS) Code 23. The definition also included workers not directly engaged in the construction work itself, such as administrative staff.

Commercial construction workers covered by a collective bargaining agreement are exempt from this law.

How:

• Update your sick leave policies to comply with the law.
• Retain records that verify employment start and end dates and the amount of unused sick leave paid out.

Additional Resources:

SB 5979

North American Industry Classification System Sector 23—Construction

Washington State Department of Labor and Industries Paid Sick Leave

Washington State Department of Labor and Industries Paid Sick Leave for Construction Workers Q&A

Who: Washington employers

When: Effective March 31, 2024, June 30, 2024, and July 23, 2024, for different covered entities

On April 27, 2023, Washington Governor Jay Inslee signed HB 1155—the Washington My Health My Data Act—into law, with various effective dates. The law regulates the collection, sharing, and selling of consumer health data.

It applies to regulated entities, which are businesses that sell services or products targeted to Washington consumers. A consumer is defined as any Washington resident or someone whose consumer health data is collected in Washington. A small business is defined as any regulated entity that 1) collects, processes, sells, or shares less than 100,000 consumers’ data in a calendar year or 2) derives less than 50% of its gross revenue from the collecting, processing, selling, or sharing of consumer health data, and controls, processes, sells, or shares fewer than 25,000 consumers’ health data.

Consumer health data is defined as personal information linked or reasonably linkable to a consumer that identifies the consumer’s past, present, or future physical or mental health status, including, but not limited to:

• Individual health conditions, treatment, diseases, or diagnosis;
• Social, psychological, behavioral, and medical interventions;
• Health-related surgeries or procedures;
• Use or purchase of prescribed medication;
• Bodily functions, vital signs, symptoms, or measurements thereof;
• Diagnoses or diagnostic testing, treatment, or medication;
• Gender-affirming care information;
• Reproductive or sexual health information;
• Biometric or genetic data;
• Precise location information that could reasonably indicate a consumer’s attempt to acquire or receive health services or supplies;
• Data that identifies a consumer seeking health care services; or
• Any information a regulated entity processes to identify a consumer’s data that is derived or extrapolated from non-health information.

Regulated entities may not collect consumer health data except with the consumer’s consent for a specified purpose or to the extent necessary to provide a product or service to the consumer. To collect data means to “buy, rent, access, retain, receive, acquire, infer, derive, or otherwise process consumer health data in any manner.” They may not share consumer health data except with separate consumer consent or if it’s necessary to provide a product or service.

Regulated entities may not sell or offer to sell consumer health data without separate written consent from the consumer. Sale is defined as the exchange of data for monetary or other valuable consideration.

Regulated entities must also restrict access to the data to those who need it for the purpose for which consent was given or to provide a product or service to that consumer. They must implement security measures to protect the confidentiality of the information. If a consumer requests deletion of the data, a regulated entity must comply within 45 days of receiving the request.

Regulated entities must publish a link to their consumer health data privacy policy on their website’s home page. The policy must meet the specific requirements stated in the law.

Consumers have several rights under the law, including:

• To confirm whether an entity is collecting, sharing, or selling their data;
• To access the data;
• To request deletion of their data; and
• To withdraw their consent.

As of July 23, 2023, the law prohibits implementing a geofence that uses any form of spatial or location detection to locate a consumer within a virtual boundary of 2,000 feet or less from the perimeter of a physical location if the geofence is used to 1) identify or track consumers seeking health care services; 2) collect consumer health data from consumers; or 3) send notifications, messages, or advertisements to consumers related to their consumer health data or health care services.

The Washington Attorney General is responsible for enforcing the provisions of the law. Consumers can also bring a private right of action against violators.

Regulated entities that are not small businesses must comply with sections 4 through 9 of the Act beginning March 31, 2024. Small businesses must comply with sections 4 through 9 beginning June 30, 2024. All persons must comply with section 10 (geofences) of the Act beginning July 23, 2023.

How:

• Revise your consumer health data privacy policy and publish a link on your home page.
• Review or develop your opt-in procedures and publish an opt-in consent form that meets the requirements of the law.
• Update your process for deleting consumer health data upon request.
• Update your consumer health data procedures and policies related to recordkeeping, data storage, security, and data processing.
• Implement annual consent reminders for data sales.

Additional Resources:

HB 1155

Chapter 19.86 RCW

Protecting Washingtonians’ Personal Health Data and Privacy FAQs

Who: Washington employers

When: Effective January 1, 2024

The Washington Employment Security Department (WESD) announced new Paid Family and Medical Leave (PFML) 2024 premium rates. The agency calculates the rate every October, which is based on premiums received and benefits paid the previous year. Beginning January 1, 2024, the rate will decrease from 0.80% to 0.74% of gross wages up to the Social Security cap ($168,600 in 2024), with employers paying 28.57% of the total premium and employees paying 71.43%.

The law applies to all Washington employers, with very few exceptions. Employers with 50 or more employees can pay the entire premium themselves or withhold the employee’s portion of the premium and remit the employer premium. Those with fewer than 50 employees must withhold the premium from each employee’s paycheck and remit it on their behalf or pay the premium on the employees’ behalf.

Federal employees and “casual laborers” are exempt. Federally recognized tribes and self-employed individuals are exempt, but they may choose to opt in to PFML.

In 2024, the maximum weekly benefit will be capped at $1,456.00 per week.

Employers should inform employees about the rate changes. The WESD published an updated poster, paycheck insert, and employer toolkit.

Another change starting in 2024 is that employers can ask the Employment Security Department to provide information about an employee’s approved PFML, including:

• Type of leave taken;
• Requested duration of the leave, including approved dates of leave;
• Remaining hours of leave available;
• Weekly benefit amount; and
• Actual benefits paid and hours claimed.

This information will help employers better plan for an employee’s absence and let the employer know when they can expect the employee to return to work. It will also help employers administer concurrent leave and supplemental benefit programs. Employers are responsible for safeguarding employee information.

How:

• Post the updated Paid Family and Medical Leave poster.
• Update your paid leave policies and procedures to comply with the law.

Additional Resources:

SB 5586

Washington Paid Family and Medical Leave Poster English

Washington Paid Family and Medical Leave Poster Spanish

2024 Paid Family & Medical Leave Premiums

Documents and forms

Who: Washington employers

When: Effective January 1, 2024

Starting January 1, 2024, employers may not 1) discriminate against applicants that use nonpsychoactive cannabis while off duty or 2) refuse to hire an applicant solely based on a positive pre-employment drug test that shows nonpsychoactive cannabis metabolites in their system.

The law does not apply to:

• Positions requiring a federal government background investigation or security clearance;
• Law enforcement, fire department, first responder, and corrections officer positions;
• Positions in the airline or aerospace industries; and
• Safety-sensitive positions for which impairment while working presents a substantial risk of death.

Employers retain the right to mandate a drug-free workplace; test applicants for drugs other than cannabis, including alcohol; and conduct a drug test in other situations where they suspect impairment on the job, such as post-accident or reasonable suspicion.

How:

• Review and update your drug and alcohol use policy and your drug-testing policies and procedures to comply with the law.
• Revise your employee handbooks.
• Review your collective bargaining agreements to ensure compliance.
• Review which positions qualify as exceptions under the law, including which are “safety sensitive.”
• Consult with your drug-testing laboratories to ensure their methodologies comply with the law.

Additional Resources:

SB 5123