From new protected classes and sick leave uses to handbook-worthy WARN notices and personnel file access—here’s what HR needs to know before key 2025 and 2026 deadlines hit.
Updated: June 2025 | By West Sound Workforce
As Washington’s legislative landscape evolves, HR professionals and business leaders are racing the clock to comply. Major federal and state employment law updates are here—and many take effect as soon as July 1, 2025.
At West Sound Workforce, our HR professionals (not lawyers) have broken down the most important changes to help you align your employee handbook, HR policies, and internal practices—before deadlines arrive.
Federal Employment Law Updates: Supreme Court Brings Clarity
Two unanimous Supreme Court rulings in 2025 significantly impact how HR teams approach exemption status and discrimination claims:
- FLSA Exemption Test Simplified
- In E.M.D. Sales, Inc. v. Carrera, the Court ruled employers only need to prove it is more likely than not that an employee is exempt from overtime.
- Why it matters: This clarifies a long-standing circuit court split and lowers the legal burden for employers during exemption audits.
- Discrimination Claims Apply Equally to All Groups
- In Ames v. Ohio Department of Youth Services, the Court confirmed that Title VII protections apply equally to majority and minority groups, eliminating additional legal hurdles for so-called “reverse discrimination” cases.
- Why it matters: This aligns national standards with EEOC guidance issued in March 2025.
Key Washington State Employment Law Changes
- Noncompete Agreements – Effective now
- Noncompete clauses are unenforceable for employees earning less than 2x the state minimum wage.
- Handbook Update: Revise noncompete language and audit existing agreements for compliance.
- Immigration Status & Retaliation Protections – Effective July 1, 2025
- Employees are protected from retaliation or coercion when asserting rights tied to immigration status (e.g., filing wage or discrimination complaints).
- Handbook Update: Add to anti-retaliation/coercion policies.
- Paid Sick Leave for Immigration Proceedings – Effective July 27, 2025
- Paid sick leave may now be used for immigration-related legal activities for the employee or qualifying family members.
- Handbook Update: Expand sick leave policy and ensure documentation requests are flexible and do not require disclosure of immigration status.
- Washington’s “Mini” WARN Act – Effective July 27, 2025
- Employers with 50+ full-time employees must give 60 days’ notice for mass layoffs or site closures (stricter than federal WARN).
- Handbook Update: Add Washington WARN requirements and review detailed state notice guidelines.
- Cannabis Industry Union Rights – Effective now (via PERC ruling + HB 1141)
- Agricultural cannabis workers now have the right to collectively bargain.
- Handbook Update: Update labor relations sections if applicable.
- Equal Pay & Opportunities Act (EPOA) Changes
- Wage Discrimination Expanded to All Protected Classes – Effective July 1, 2025
- Discrimination in pay is now prohibited for any protected class, not just gender.
- Handbook Update: Revise Equal Pay language to reflect all protected classes.
- Fixed Wage Posting Option – Effective July 27, 2025
- Employers can list a single wage (instead of a range) if no negotiation is offered.
- Note: Employers must correct any deficient postings within 5 business days of receiving written notice to avoid penalties.
- Driver’s License Limitations – Effective July 27, 2025
- A driver’s license may only be required when driving is essential to the position.
- Update: Review job descriptions and applications to remove unnecessary license requirements.
- Wage Discrimination Expanded to All Protected Classes – Effective July 1, 2025
- Personnel File Access & Reason for Discharge (RCW 49.12.250) – Effective July 27, 2025
- Employees (current and former) now have expanded rights:
- Access personnel files within 21 days
- Receive free copies (including to legal reps)
- Request written reason for discharge
- Handbook Update: Add this section or revise existing one; Include a contact for requests (e.g., Email HR@yourcompany.com).
- Employees (current and former) now have expanded rights:
2026 Employment Law Updates
- Unemployment for Striking Workers – Effective January 1, 2026
- Eligible workers on strike may receive 6 weeks of unemployment after a 2-week wait.
- Handbook Update: Clarify eligibility and internal response processes.
- WA Cares Act Portability – Effective January 1, 2026
- Workers who move out of state can still access WA Cares benefits after meeting eligibility.
- Handbook Update: Update WA Cares language in benefits section.
- Hate Crime Victim Protections – Effective January 1, 2026
- Victims of hate crimes are now entitled to the same leave and safety accommodations as domestic violence and sexual assault survivors.
- Handbook Update: Add “hate crime victims” to your protected leave policy.
- Looking Ahead to 2027: The Health Starts Act – Effective January 1, 2027
- New pregnancy- and postpartum-related accommodations apply to all employers, including religious organizations:
- Paid lactation breaks at regular pay
- Private lactation space (not in a restroom)
- Flexibility for prenatal/postnatal care
- Handbook & Facility Update: Revise pregnancy accommodation sections and begin identifying or creating designated lactation spaces.
- New pregnancy- and postpartum-related accommodations apply to all employers, including religious organizations:
Final Compliance Tips
- Start now. Many changes take effect this summer.
- Use “future-dated” policy sections in your handbook for items not yet in force.
- Assign a policy lead or HR contact to manage updates, notices, and communications
We know—it’s a lot. These updates cover a wide range of policies and timelines, and it can be tough to keep everything straight. That’s why we’ve created a simple checklist to help you stay organized as you work through your handbook edits.
Need help getting your handbook in shape? Contact West Sound Workforce — along with our staffing services, we offer expert HR consulting to help employers navigate policy changes, compliance reviews, and handbook updates with confidence.