Intro to Washington Labor Laws

In late March, Washington passed a law broadening the scope of Washington’s existing Equal Pay and Opportunities Act (EPOA), which currently prohibits sex- and gender-based pay discrimination. The new EPOA amendments expand the EPOA beyond gender, and the law now prohibits pay discrimination based on membership in any protected class. Beginning in July of next year, protected classes under the EPOA will include age, sex, gender, marital status, race, national origin, sexual orientation, gender expression, gender identity, presence of a disability, and more.

Starting July 23, 2023, Washington employers will be prevented from conducting searches of employees’ privately-owned vehicles on company premises or access roads, with specific exceptions. Exceptions to this rule include searches of company-owned or -leased vehicles, lawful searches by law enforcement and voluntary searches based on probable cause of unlawful possession of employer property or controlled substances. Employees have the right to designate a witness during the search. Employers should update their policies and educate their staff regarding these new limitations.

Seattle is poised to become the first U.S. city to prohibit discrimination on the basis of “caste,” including in the context of employment. The proposals now go before the mayor for signature.

The term “caste” is defined broadly for purposes of the amendments as “a system of rigid social stratification characterized by hereditary status, endogamy, and social barriers sanctioned by custom, law, or religion.”

Employers can review the linked article for additional information, and review their anti-discrimination policy to make any required adjustments to include the new requirements.

Governor Inslee has signed a bill into law that will amend the existing noncompete agreement law in Washington, with the changes taking effect on June 6, 2024. Amongst other modifications, the bill expands the definition of a “non competition covenant” to include non solicitation agreements other than those applying to current customers, which could void employers’ current noncompete agreements with employees. Additionally, the amendment clarifies notice requirements including mandating that employers disclose non compete terms at the time of initial acceptance of the offer of employment. It is recommended that employers consult legal counsel to review and revise their agreements containing non compete and non solicitation clauses to align with the amended legislation.

A new law, signed on May 9, 2023 by Governor Inslee, provides protection to job applicants engaged in legal cannabis use outside of the workplace or pre-employment screening results identifying positive use of cannabis. 

Employers are not permitted to consider hiring decisions based on legal cannabis use with some exceptions, such as in safety-sensitive positions or positions that require federal background check clearance. Employers should continue to monitor updates and are encouraged to review their current policies and testing procedures in accordance with this law.

In April 2022, we discussed a revised amendment to Washington's Equal Pay and Opportunities Act regarding the state’s upcoming pay transparency law. Recently, further guidance has been issued which clarified that an employer is covered by this law if they have 15 employees in any state, and at least one of those employees is located in Washington. The guidance also provides details on information to be included in job postings and examples of how salary information should be presented. Employers are encouraged to review their job descriptions for internal and external postings to ensure the new requirements are met under this law.