As Summer Heat Rises, So Do  Employers’ Legal Obligations

Washington Employers face numerous local, state, and federal employment law changes this year.

Some of the most notable  changes to state law and local law went into effect in May and June 2024:   

• The Washington Employee Free Choice Act is a new law that prohibits any employer from requiring employees to attend meetings that primarily communicate the employer’s opinion on religious or political matters. There is a new posting requirement, and The Department of Labor and Industries is 
  expected to prepare a sample notice.
  
  
• An amendment to Washington State’s Non-Compete law now requires non-solicitation agreements to meet the statutory requirements of a non-compete agreement.   
  
  
• Workers’ compensation time loss benefits will be impacted by an amendment to RCW 51.32.090. The first three days following the worker’s injury are considered a waiting period. Previously, the worker only received time loss for these days if they were still certified off work on the 14th day after their injury or illness. Now, that period is cut to seven days. 
  
  
• Employees working in the city of Renton or Bellingham must be paid a higher minimum wage due to city ordinances that went into effect May 1, 2024.  

More changes to Washington employers’ legal obligations are effective January 1, 2025: 

• Washington State Paid Sick Leave (PSL) will make definitional changes, expanding who is considered part of an employee’s family and who is considered a child for the purposes of using PSL. Additionally, the law also expands when PSL may be used for closure of a child’s school or place of care. 
  
  
• Equal Pay and Opportunities Act (EPOA) protections, which currently apply to pay discrimination based on sex, will extend to several more protected classes, including age,  sexual orientation, race, creed, and color.    

In 2024, federal agency updates that impact Washington employers' obligations are numerous and include:  

• The Department of Labor (DOL) issued new salary exemption levels effective July 1. 
  
  
• The Equal Employment Opportunity Commission (EEOC) issued rules and guidance on Workplace Harassment and the Pregnancy Worker Fairness Act. 
  
  
• The Federal Trade Commission (FTC) banned all non-compete agreements in the United States, and the National Labor Relations Board (NLRB) reverted to a more employee-friendly definition of joint employment. 
  
  
• On July 2 the DOL issued a proposed rule to protect indoor and outdoor workers from extreme heat. 

Some of this federal agency activity may be impacted by the U.S. Supreme Court's (SCOTUS) June 28 decision overruling the “Chevron Doctrine” and curtailing the power of federal agencies.  

For detailed information about all of these laws and regulations and a discussion about how the SCOTUS decision impacts federal agencies that regulate employment, register for Archbright’s Employment Law Update on July 26.