Six for 2026: The Top New Washington State Laws Employers Need to Know

1. Immigrant Worker Protection Act (HB 2105)

In reaction to national immigration efforts, the Washington Legislature passed the Immigrant Worker Protection Act to establish new notice and disclosure requirements related to federal Form I-9 (work authorization) inspections. The new requirements take effect October 1, 2026, (although the Act itself becomes effective on June 11, 2026). Employers will be required to quickly notify their workers and authorized representatives (e.g., any union rep) upon receiving notice of an I-9 inspection. Following an inspection, employers will also be required to notify affected workers and authorized representatives of the outcome of the inspection. Model notices will be made available by September 1. The new law also prohibits discrimination and retaliation against those who exercise their rights and provides for statutory penalties and recovery of attorneys’ fees. Either private parties or the Attorney General’s office may bring a claim under the new law.

Employers should be prepared to implement these notice and disclosure requirements and update their work authorization policies and practices in advance of the October 1, 2026, effective date.

2. Collective Bargaining Rights for Employees Not Covered by the National Labor Relations Act (ESHB 2471)

Like several other states, Washington State’s Legislature has reacted to the federal administration’s activities relating to the federal National Labor Relations Board (NLRB). Effective June 11, 2026, this new “trigger” law establishes a state-level framework governing collective bargaining rights for employees, employers, trades, or industries who would lose coverage under the federal National Labor Relations Act (NLRA) should federal law cease to preempt state regulation in whole or in part, or if the NLRB determines that it lacks jurisdiction, declines to exercise jurisdiction, or is deprived of jurisdiction. The new law extends the right to organize, bargain collectively, and seek representation to private-sector employees not otherwise covered, and outlines procedures for union certification, bargaining, dispute resolution, arbitration, and strikes. The law grants concurrent jurisdiction to the state’s Public Employment Relations Commission and Washington State Superior Courts for enforcement and oversight of these processes. Employers should be prepared for potential state oversight of private-sector labor-management relations if there are changes at the federal level.

3. Prohibiting Employers from Microchipping Employees (ESHB 2303)

Effective June 11, 2026, this new law prohibits employers from requesting, requiring, or coercing any employee or applicant to have a microchip implanted under their skin. Any employer who violates this ban is subject to civil action by the employee or applicant, which can result in injunctive relief, actual and punitive damages, and recovery of attorneys’ fees and costs. Importantly, this law does not limit medically necessary implants or devices implanted for a legitimate health care purpose and with a patient’s voluntary, informed consent. Employers should review workplace technology policies to ensure compliance.

4. Prohibiting Noncompetition Agreements and Imposing Limitations on Nonsolicitation Agreements (HB 1155)

Effective June 30, 2027, this law enacts a broad ban on noncompetition covenants for all Washington State-based workers and businesses, making such agreements void and unenforceable after June 30, 2027. Current law allows noncompetes for employees and contractors at certain earning thresholds, but starting June 30, 2027, noncompetes are banned regardless of income or earnings. In addition, the new law expands the definition of noncompetition covenant to include certain agreements involving performers and performance venues or third-party schedulers. The new law will also regulate tuition reimbursement agreements as a form of noncompete. And the new law will also ban forfeiture clauses that would require return, repayment, or forfeiture of compensation and benefits for individuals who engage in what will now be lawful post-employment work.

Nonsolicitation agreements (as specifically defined) are still permitted but must be narrowly construed and cannot prohibit accepting or transacting business with a customer. The law does still allow for some limited exceptions, such as confidentiality agreements, covenants protecting trade secrets or inventions, covenants related to the sale of at least a one-percent ownership in a business, and covenants for certain franchise sales.

Critically, by October 1, 2027, employers must notify all current and former employees and independent contractors impacted by such agreements that they are void and unenforceable. Employers who violate the new law may be liable for actual damages or statutory penalties, and attorneys’ fees, costs, and expenses.

5. Establishing Labor Protections for Domestic Workers (SHB 2355)

Effective July 1, 2027, this new state law establishes new requirements and protections for domestic workers, following a similar ordinance passed by the Seattle City Council. Domestic workers include hourly or salaried employees and independent contractors who receive payment for work or services for four or more hours in any month from a hiring entity (which includes an individual person or an employer as defined under Washington State law) and who work or provide services in a private residence as a nanny, childcare provider, home care worker, personal care provider, housekeeper or cleaner, cook, gardener, or household manager. Certain workers are exempt from these requirements, including persons performing casual labor, irregular and unpredictable babysitting, or pet sitting, dog walking, or house sitting, as well as certain providers employed by home care agencies, and family members of or those with family relationships with the hiring entity. This new law will require payment of minimum wage and overtime compensation and require hiring entities to prepare written agreements disclosing job terms and workers’ rights. It would also require advance written notice before termination or payment of severance in lieu of notice. Model disclosure statements will be developed. The new law would also regulate the terms and conditions of any nondisclosure, nondisparagement, arbitration, or noncompete agreements. The law may be enforced by the Department of Labor and Industries or private parties, who may recover civil penalties and attorneys’ fees.

6. Clarifying Employee Pregnancy-Related Accommodations (SSB 6014)

Effective January 1, 2027, this law refines state requirements under the Healthy Starts Act and the Public Records Act.

This law clarifies that under the Healthy Starts Act, beginning on January 1, 2027, employers may not require written certification for certain pregnancy-related accommodations relating to providing more frequent, longer, or flexible restroom breaks; modifying a no-food or drink policy; providing seating or allowing employees to sit more frequently if the employee’s job requires the employee to stand; and limits on lifting over 17 pounds. Employers are also still prohibited from requiring written certification for an accommodation relating to providing reasonable break time for an employee to express breast milk for two years after the child's birth.

The law also clarifies that under the Public Records Act, personal information that is exempt from disclosure will include an individual’s name, address, telephone number, electronic contact information, identifying photograph, and any medical or health information related to pregnancy or childbirth. The law also makes such records maintained by the Department of Labor and Industries confidential except in limited circumstances.

Ballard Spahr’s Labor and Employment Group routinely provides guidance to clients on developments in federal, state, and local labor and employment laws, including legislative and regulatory developments in Washington State. We regularly assist clients in updating their policies and practices to be compliant with recent developments. Please contact us if we can assist you with these matters.

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