Statewide Legislative Affairs Updates
State Government Affairs Updates
The 2023 Regular Session convened on January 9.
Below is a summary of certain key employment law proposals in Washington State, as well as other case law that may affect human resource management in Washington State.
Unemployment Insurance Legislation:
1. HB 1106 - Concerning qualifications for unemployment insurance when an individual voluntarily leaves work. This bill expands the list for voluntary quits. The bill would allow individuals to get UI if they must quit to if they: 1. Employee must care for vulnerable adults or child and previous arrangements become unavailable; 2. A change in shift of more than 6 hours happens through no fault of the employee; or 3. Employee must move to care for a minor child.
IN THE SENATE: Apr 6-Floor amendment(s) adopted. Rules suspended. Placed on Third Reading. Third reading, passed; yeas, 26; nays, 20; absent, 0; excused, 3. (View Roll Calls)
2. HB 1095/SB 5109 - Creating a wage replacement program for certain Washington workers excluded from unemployment insurance. The documentation received by employers at the time of hiring is what determines if an individual can work. If there is a determination by UI rejecting coverage because the employee is not qualified to work - the employer would now have constructive knowledge of the inability to work and therefore cannot hire them again.
Feb 16: Referred to Appropriations.
3. SB 5240/HB 1656 - Concerning unemployment insurance benefits appeal procedures. This bill would allow OAH to not review eligibility when no one is challenging eligibility. The option to review remains an option at the discretion of the ALJ.
IN THE HOUSE: Mar 15-Public hearing in the House Committee on Labor & Workplace Standards at 8:00 AM. (Committee Materials)
4.HB 1458 - Concerning unemployment insurance benefits for apprenticeship program participants. This bill would provide Unemployment Insurance to individuals in apprenticeship programs when participating in training.
IN THE HOUSE: Mar 24-Speaker igned.
IN THE SENATE: Mar 27-President signed.
OTHER THAN LEGISLATIVE ACTION: Mar 31-Delivered to Governor. (View Bill as Passed Legislature).
Workers Compensation Legislation:
1. HB 1068/*SB 5212 - Concerning injured workers' rights during compelled medical examinations. The House bill passed the House and was referred to the Senate Labor & Commerce Committee. The Senate did not move and is considered dead for the remainder of session.
Apr 5-Placed on second reading by Rules Committee.
Apr 7-Committee amendment(s) adopted as amended. Rules suspended. Placed on Third Reading. Third reading, passed; yeas, 31; nays, 16; absent, 0; excused, 2. (View Roll Calls)
2. HB 1558/SB 5084 - Creating a separate fund for the purposes of self-insured pensions and assessments. The Senate bill is in Senate Rules Committee. The House bill was referred to the House Appropriations Committee.
IN THE HOUSE: Mar 24-Speaker signed.
IN THE SENATE: Mar 27-President signed.
3. HB 1137/SB 5368 - Creating equitable access to return-to-work opportunities in workers' compensation. This bill would allow employers to offer return to work options at participating nonprofits. The House bill failed to move and is considered dead for the reminder of session. The Senate bill is in the Senate Rules Committee.
Feb 17: Executive session scheduled, but no action was taken in the House Committee on Labor & Workplace Standards.
4. SB 5454/HB 1593 - Concerning industrial insurance coverage for posttraumatic stress disorders affecting registered nurses. These bills would once again expand PTSD workers’ compensation claims. What started with Fire and Police now includes Hanford workers and Covid first responders. The original bill had a rebuttable presumption rebutted by clear and convincing evidence. The amended version changes this to preponderance of evidence.
IN THE HOUSE: Apr 7-Rules Committee relieved of further consideration. Placed on second reading. Committee amendment(s) adopted with no other amendments. Rules suspended. Placed on Third Reading. Third reading, passed; yeas, 57; nays, 40; absent, 0; excused, 1. (View Roll Calls).
5. HB 1521/SB 5524 - Concerning the duties of industrial insurance self-insured employers and third-party administrators. It provides for treble damages against self-insured TPAs for alleged good faith/fair dealing in claims management.
IN THE SENATE: Apr 7-Placed on second reading by Rules Committee.
Apr 10-Floor amendment(s) adopted. Rules suspended. Placed on Third Reading. Third reading, passed; yeas, 32; nays, 17; absent, 0; excused, 0. (View Roll Calls).
Long Term Care Legislation:
1. No LTC bills moved before cut-off – This issue, however, is likely NTIB and may still be addressed by the legislature.
Paid Family & Medical Leave Legislation:
1. SSB 5286 - Modifying the premium provisions of the paid family and medical leave program. Amends the premium rate calculation in the Paid Family and Medical Leave Program (PFML) to be based on a specified formula rather than the Family and Medical Leave Insurance Account (Account) balance ratio on September 30th of the previous year. Sets a maximum rate of 1.2 percent and removes the Employment Security Department's authority to assess a solvency surcharge if the account balance ratio falls below a certain threshold.
IN THE SENATE: Apr 7-President signed.
IN THE HOUSE: Apr 7-Speaker signed.
2. SB 5586 - Concerning employees' paid family or medical leave data. This bill would provide claim information to employers necessary to implement the PFML program It allows employers to fully administer the program by providing necessary information regarding claim duration, payments, and type of claim.
Apr 5-Committee amendment(s) adopted with no other amendments. Rules suspended. Placed on Third Reading. Third reading, passed; yeas, 98; nays, 0; absent, 0; excused, 0. (View Roll Calls).
General Employment and Labor Legislation:
1. SB 5123 - Concerning the employment of individuals who lawfully consume cannabis. This bill limits pre-employment restrictions regarding the use of cannabis. There are few exceptions listed in the bill. The concern is that it leaves out several industries that raise safety concerns like agriculture and manufacturing. This bill now clearly applies only to preemployment testing. This bill would still allow employers to have a zero-tolerance drug policy on day one.
IN THE HOUSE: Mar 24- Rules Committee relieved of further consideration. Placed on second reading. Mar 29-Committee amendment adopted and floor amendment(s) also adopted. Rules suspended. Placed on Third Reading. Third reading, passed; yeas, 57; nays, 41; absent, 0; excused, 0. (View Roll Calls).
2. HB 1099 - Requiring certain wages in public works contracts to be at least the prevailing wage in effect when the work is performed. This bill would change collectively bargained wages in the middle of a project when the prevailing wage changes during a contract. It creates a system that results in higher costs for government projects.
Feb 16: Public hearing in the House Committee on Capital Budget at 1:30 PM. (Committee Materials)
3. SB 5061/1320 - Concerning access to personnel records.
Feb 8: On motion, referred to Ways & Means.
4. SB 5110 - Adding penalties for certain prohibited practices in chapter 49.44 RCW. The original bill creates a private right of action (PRA) for all actions under 49.44 RCW. The bill was amended to only apply to those sections in the statute that have no criminal or civil penalties available.
IN THE HOUSE: Mar 24-Executive action taken in the House Committee on Labor & Workplace Standards at 10:30 AM. (Committee Materials). LAWS - Majority; do pass with amendment(s). (Majority Report). Minority; do not pass. (Minority Report). Mar 28-Referred to Rules 2 Review.
5. SB 5111 – this bill requires payment for accrued and unused sick leave for certain construction workers separating from employment. This undermines those items that were collectively bargained.
IN THE HOUSE: Apr 3-Placed on second reading by Rules Committee.
Apr 5-Floor amendment(s) adopted. Rules suspended. Placed on Third Reading. Third reading, passed; yeas, 98; nays, 0; absent, 0; excused, 0. (View Roll Calls)
6. SB 5236 - Concerning hospital staffing standards.
IN THE SENATE: Apr 7-President signed.
IN THE HOUSE: Apr 7-Speaker signed.
7. HB 1187 - Concerning privileged communication between employees and the unions that represent them. This would apply a new privilege to private labor relations.
IN THE HOUSE: Apr 7-Floor amendment(s) adopted. Rules suspended. Placed on Third Reading. Third reading, passed; yeas, 34; nays, 14; absent, 0; excused, 1. (View Roll Calls)
8. HB 1136 - Requiring employers to reimburse employees for necessary expenditures and losses.
Mar 13: Returned to Rules Committee for second reading.
9.SB 5417 - Protecting the rights of workers to refrain from attending meetings or listening to their employer's speech on political or religious matters. The bill is in the Senate Rules Committee.
Mar 10: Senate Rules "X" file.
10.SB 5217 - Concerning the state's ability to regulate certain industries and risk classes to prevent musculoskeletal injuries and disorders.
IN THE SENATE: Apr 8-President signed.
IN THE HOUSE: Apr 10-Speaker signed.
11. SB 5059 - Concerning prejudgment interest. The modifies the accrual date for interest on tort judgments for tortious conduct of public agencies, individuals, and other entities to the date the cause of action.
Feb 23: Executive action taken in the Senate Committee on Ways & Means at 9:00 AM. (Committee Materials)
12.HB 1067 - Public Hearing - Concerning wages for journeypersons in high-hazard facilities.This bill would require the use of prevailing wage to the private sector. The bill is on the House floor.
Mar 13: Returned to Rules Committee for second reading.
13. HB 1217 - Concerning wage complaints. This bill would require prejudgment interest to be assessed before any final determination. The law would bar L&I from waiving it. The bill also sets up a taskforce. The taskforce has been amended to provide additional business representatives. It creates a more balanced taskforce.
IN THE SENATE: Mar 28-Passed to Rules Committee for second reading. Mar 30-Placed on second reading by Rules Committee.
14.SB 5348 - Concerning warehouse distribution centers. This bill would interfere in the day-to-day operation of warehouses that have 180 workers in one facility or 1200 employee in multiple facilities. It would restrict the use of quotas. The bill was amended to match the House version putting a PRA back in and lowing the threshold of who is now covered by the provisions. (See HB 1762).
Mar 10: Senate Rules "X" file.
15.HB 1762 - Protecting warehouse employees. It is like the senate version but has more restrictive provisions. It would apply to any facility with 100 or mor employees in a single facility and 500 employees or more statewide. It would restrict the use of quotas. Unlike the Senate version the House version has a private right of action (PRA).
IN THE SENATE: Mar 24-Passed to Rules Committee for second reading. Mar 30-Placed on second reading by Rules Committee.
16.HB 1570 - Concerning social insurance programs applicable to transportation network companies and drivers. This bill will set requirements for TNC’s to provide benefits to the independent contractors that drive for them.
IN THE SENATE: Mar 21-Executive action taken in the Senate Committee on Labor & Commerce at 10:30 AM. (Committee Materials). LC - Majority; do pass (MajorityReport). Minority; without recommendation. (Minority Report). Mar 22-Passed to Rules Committee for second reading.
17. SB 5541 - Providing transparency in supply chains. Requires every seller and manufacturer doing business in Washington and having annual worldwide gross receipts of $75,000,000 or more to disclose its efforts to eradicate human trafficking and forced labor from its direct supply chain for tangible goods offered for sale. Requires the Department of Revenue to submit a list of noncompliant sellers and manufacturers to the Attorney General and Legislature.
Feb 15: Referred to Ways & Means.
Date and Technology Legislation:
1. HB 1051 - Concerning robocalling and telephone scams. The bill prohibits a person from initiating or assisting with a telephone solicitation or a commercial solicitation using an automatic dialing and announcing device to any: (1) telephone number with a Washington area code; (2) telephone number registered to a Washington resident; or (3) telephone number with a Washington area code or registered to a Washington resident on the do not call list. The bill would make it a violation of the Telephone Solicitation Act (TSA) and a violation of the prohibition on using an automatic dialing and announcing device to make a commercial solicitation violation of the Consumer Protection Act. It creates a private right of action. It modifies and adds definitions to the TSA, the Commercial Telephone Solicitation Regulation Act, and the automatic dialing and commercial solicitation statute.
IN THE SENATE: Apr 7-President signed.
IN THE HOUSE: Apr 6-Speaker signed.
2. HB 1155/SB 5351 - Addressing the collection, sharing, and selling of consumer health data. The bill has a private right of action (PRA) for individuals under the Consumer Protection Act (CPA). If the CPA PRA remains in the bill individuals should be required to prove all 5 elements necessary under the CPA.
IN THE SENATE: Apr 5-Committee amendment not adopted. Floor amendment(s) adopted. Rules suspended. Placed on Third Reading. Third reading, passed; yeas, 27; nays, 21; absent, 0; excused, 1. (View Roll Calls).
3.*SB 5464/HB1392 - Promoting the fair servicing and repair of digital electronic equipment. Requires original manufacturers of digital electronic equipment and parts for such equipment to make available to any independent repair provider and owner any parts, tools, and documentation required for the maintenance and repair of such equipment and parts. Provides sole attorney general enforcement under the Consumer Protection Act. The Senate bill failed to move out of the policy committee and is considered dead for the remainder of the session.
Jan 31: Public hearing in the Senate Committee on Environment, Energy & Technology at 1:30 PM. (Committee Materials).
Bill numbers marked with an “*” failed to move out of committee and are considered dead for the remainder of the session.
- Delays the start date for the premium assessments under the Long-Term Services and Supports Trust Program (LTSS Trust Program) from January 1, 2022, to July 1, 2023.
- Delays the date benefits become available under the LTSS Trust Program from January 1, 2025 to July 1, 2026.
- Allows individuals born before January 1, 1968, who do not meet the LTSS Trust Program's vesting requirements, to receive partial benefits based on the number of years of premium payments.
- Requires employers to refund employees any LTSS Trust premiums collected before July 1, 2023. Any premiums collected from the employee prior to July 1, 2023, shall be refunded to the employee within 120 days of the collection of the premiums.
- Beginning January 1, 2023, an employee may apply to ESD to be exempted from the LTSS Trust Program if they are:
- a veteran of the United States military who has been rated by the United States Department of Veterans Affairs as having a service-connected disability of at least 70 percent;
- a spouse or registered domestic partner of an active duty service member of the United States Armed Forces;
- working under a non-immigrant visa for temporary workers and employed by an employer in Washington; or
- employed by a Washington employer, but have a permanent address and primary residence out of state.
The following bills have been by resolution, reintroduced and retained in present status:
Concerning COVID-19 Vaccinations
Protecting the right of every Washington resident to decline an immunization or vaccination based on religion or conscience.
HB 1006
The government or its designees, or other employers, businesses, nonprofits, institutions, churches, travel carriers, or other public or private entities, may not infringe upon, put conditions on, restrict, or take away a person's ability to fully participate in necessary and important services and lifestyle choices and preferences including, but not limited to, employment, education, religion, travel, sports, hobbies, entertainment, and lifestyle preferences, based on a person choosing to decline health-related measures.
Missed February 3rd Cutoff
HB1305
Provides employer relief in unemployment insurance by relieving COVID-19-related benefit charges, providing contribution relief, making appropriations to rebuild the unemployment trust fund and making clarifying changes.
HB1343
A governmental entity may not require a person to present proof that the person has received a vaccine for the novel coronavirus (COVID-19) or any variant thereof in order to be permitted to access a public place.
Missed February 3rd Cutoff
HB 1570
Implementing the "open safe, open now" plan for reopening Washington.
Missed February 3rd Cutoff
HB 1553 (SB 5473)
Lifting Phase 3 Regulations. The requirements established in this act shall apply in all counties beginning on the effective date of this section. If a county does not record a significant increase in hospitalizations due to COVID-19 after operating under the requirements established for three weeks, the requirements are lifted as to such county and shall not apply in such county. Any county that qualifies for lifting the Phase 3 regulations under this section must be designated as a Phase 4 county.
Missed February 3rd Cutoff
HB 1553
Concerning Whistleblowers:
Allowing whistleblowers to bring actions on behalf of the state for violations of workplace protections. The Legislature finds it is unfair to law-abiding employers to have to compete with employers that disregard the law. Therefore, the legislature intends to permit qui tam actions, allowing private persons, acting as relators, to bring public enforcement actions of worker protection laws on behalf of the state.
No updates available as of March 11th.
Referred to Committees or Second Reading:
Concerning Long Term Services:
Replacing the long-term services and supports trust program with affordable and optional long-term care insurance coverage. January 11, referred to Appropriations.
HB 1913 (SB 5939)
Concerning Recognizing a legal holiday:
Recognizing Women's Suffrage Day as a legal holiday.
Jan 10 Public hearing in the House Committee on State Government & Tribal Relations at 1:30 PM. By resolution, reintroduced and retained in present status. Jan 13 Executive session scheduled, but no action was taken in the House Committee on State Government & Tribal Relations at 10:00 AM.
No updates available as of March 11th.
HB 1485
Concerning Unemployment Insurance, Paid Family Medical Leave
An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array shall show for each qualified employer: (A) Identification number; (B) benefit ratio; and (C) taxable payrolls for the four consecutive calendar quarters immediately preceding the computation date and reported to the Employment Security Department by the cut-off date.
HB 1837 - 2021-22
Jan 7-Prefiled for introduction.
Jan 10-First reading, referred to Labor & Workplace Standards. (View Original Bill)
Jan 18-Public hearing in the House Committee on Labor & Workplace Standards at 10:00 AM. (Committee Materials)
Jan 25-Executive action taken in the House Committee on Labor & Workplace Standards at 10:00 AM. (Committee Materials). LAWS - Majority; do pass. (Majority Report). Minority; do not pass. (Minority Report)
Minority; without recommendation. (Minority Report)
Jan 28-Referred to Rules 2 Review.
Feb 11-Rules Committee relieved of further consideration. Placed on second reading.
Feb 14-Floor amendment(s) adopted. Rules suspended. Placed on Third Reading.
Third reading, passed; yeas, 50; nays, 48; absent, 0; excused, 0. (View 1st Engrossed) (View Roll Calls)
IN THE SENATE
Feb 16-First reading, referred to Labor, Commerce & Tribal Affairs.
Feb 23-Public hearing in the Senate Committee on Labor, Commerce & Tribal Affairs at 10:30 AM. (Committee Materials)
Feb 24-Executive action taken in the Senate Committee on Labor, Commerce & Tribal Affairs at 8:30 AM. (Committee Materials). LCTA - Majority; do pass with amendment(s). (Majority Report).Minority; do not pass. (Minority Report).Passed to Rules Committee for second reading.
Mar 1-Placed on second reading by Rules Committee.
No updates as of March 11th.
HB 2031 (SB 5873)
Modifying the Washington state paid family and medical leave act. Adding new sections to chapter 50A.05 RCW; creating new sections; providing expiration dates; and declaring an emergency. Jan 5 Prefiled for introduction. Jan 10 First reading, referred to Labor, Commerce & Tribal Affairs. Jan 13 Public hearing in the Senate Committee on Labor, Commerce & Tribal Affairs at 8:00 AM. Jan 20 Executive session scheduled, but no action was taken in the Senate Committee on Labor, Commerce & Tribal Affairs at 8:00 AM Jan 26 Executive action taken in the Senate Committee on Labor, Commerce & Tribal Affairs at 10:30 AM. LCTA - Majority; 1st substitute bill be substituted, do pass. Minority; without recommendation. Refer to Ways & Means. Jan 27 Referred to Ways & Means.
No updates available as of March 11th.
SB 5649
Concerning Personnel Files:
Concerning employee's rights concerning personnel files and disciplinary actions. Jan 10 By resolution, reintroduced and retained in present status. On motion, referred to Rules Committee for second reading. Jan 21 Placed on second reading by Rules Committee.
Jan 27- Referred to Ways & Means.
Feb 4-Scheduled for public hearing in the Senate Committee on Ways & Means at 9:00 AM (Subject to change).
Feb 7- Executive action taken in the Senate Committee on Ways & Means at 10:00 AM. (Committee Materials) WM - Majority; 2nd substitute bill be substituted, do pass. (View 2nd Substitute) (Majority Report) Minority; do not pass. (Minority Report) Minority; without recommendation. (Minority Report) Passed to Rules Committee for second reading.
Feb 10- Placed on second reading by Rules Committee.
Feb 12- 2nd substitute bill substituted (WM 22). (View 2nd Substitute) Rules suspended. Placed on Third Reading. Third reading, passed; yeas, 42; nays, 7; absent, 0; excused, 0. (View Roll Calls)
IN THE HOUSE
Feb 16-First reading, referred to Labor & Workplace Standards.
Feb 18-Public hearing in the House Committee on Labor & Workplace Standards at 8:00 AM. (Committee Materials)
Feb 22-Scheduled for executive session in the House Committee on Labor & Workplace Standards at 10:00 AM (Subject to change). (Committee Materials)
Feb 23-LAWS - Majority; do pass with amendment(s). (Majority Report)
Feb 24-Referred to Appropriations.
Feb 25-Scheduled for public hearing in the House Committee on Appropriations at 11:00 AM (Subject to change). (Committee Materials)
Feb 28-Executive action taken in the House Committee on Appropriations at 11:00 AM. (Committee Materials) APP - Majority; do pass with amendment(s) but without amendment(s) by Labor & Workplace Standards. (Majority Report) Referred to Rules 2 Review.
Mar 2-Rules Committee relieved of further consideration. Placed on second reading.
Mar 3-Committee amendment not adopted. Committee amendment(s) adopted as amended. Rules suspended. Placed on Third Reading. Third reading, passed; yeas, 96; nays, 2; absent, 0; excused, 0. (View Roll Calls)
SSB 5130
Concerning Employees and Lawful Use of Cannabis:
Concerning employment of individuals who lawfully consume cannabis. Except as otherwise specifically provided in law: (a) It is unlawful for any employer in this state to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of cannabis; and (b) It is unlawful for any employer in this state to terminate a current employee because the current employee submitted to a screening test and the results of the screening test indicate the presence of cannabis. (2) Subsection (1) of this section does not apply: 16 (a) If compliance would cause an employer to lose a monetary or licensing-related benefit under federal law;
Dec 8 Prefiled for introduction. Jan 10 First reading, referred to Labor, Commerce & Tribal Affairs. Jan 19 Public hearing in the Senate Committee on Labor, Commerce & Tribal Affairs at 10:30 AM Jan 26 Executive session scheduled, but no action was taken in the Senate Committee on Labor, Commerce & Tribal Affairs at 10:30 AM.
Feb 17-Senate Rules "X" file.
SB 5517
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