Published on Apr 01, 2024

HR, labor relations, and pensions had a fairly a quiet session

Contact: Candice Bock, Matt Doumit

A few consequential bills made it through this legislative session, but it was mostly quiet on the HR, labor relations, and pensions front, especially after some higher-profile bills failed to make cutoffs.

HR & labor relations

Of the HR & labor relations legislation that made it through the gauntlet and became law, there were a few bills of note. SB 5778 prohibits employers from forcing employees to engage in employer-sponsored political or religious speech. AWC was able to get the bill modified before it passed to ensure that it wouldn’t interfere with city staff that work for elected officials who by necessity engage in political speech. Another bill, SB 5793, expanded Washington’s paid sick leave requirements to allow employees to take sick leave to care for more types of family members and in additional situations. The bill may put cities in the position of needing to decide who counts as an employee’s “family” when making sick leave decisions. HB 1905 expands the state’s Equal Pay & Opportunity Act to cover all protected classes, not just gender, in pay and employment advancement opportunities. Under SB 5808, local government 911 dispatchers will be able to pursue binding interest arbitration in the event of contract disputes.

Another bill that made it through the process is HB 2467, which adds benefits portability to the state’s new long-term care program, WA Cares Fund. Previously, eligible beneficiaries could only access benefits if they lived in Washington when they needed care, a major criticism of the program. However, Initiative 2124 will go to the ballot this fall and, if voters approve the measure, it may impact the overall solvency of the WA Cares Fund program by making the program voluntary.

AWC helped to successfully defend against several bills that would have posed problems for cities. SB 5924 would have imposed additional requirements and deadlines for cities to provide employment records to current and former employees, an obligation that cities already have. HB 1959 would have forced small employers (including small cities) to pay additional Paid Family and Medical Leave premiums, adding extra costs that they do not have now. Both of those bills died at the mid-session cutoff. Finally, AWC engaged late in the session on HB 1893 when it was amended in a way that could have required cities to pay unemployment benefits for illegally striking workers. The clock ran out on finding a compromise, and the bill failed to come to a floor vote. It will likely return next session.

Bill #

Description

Status

HB 1905

Expands Equal Pay & Opportunity Act to all protected classes

Law, effective July 1, 2025.

HB 1927

Reduces length of time needed to qualify workplace injury for temporary disability compensation

Law, effective June 6, 2024.

HB 2127

Stay-at-work program reimbursement increases and program changes

Law, effective January 1, 2025.

HB 2467

Changes to WA Cares long-term care program to include benefits portability

Law, effective June 6, 2024.

SB 5778

Prohibits employers from punishing employees for not participating in employer-sponsored religious or political speech

Law, effective June 6, 2024.

SB 5793

Expands paid sick leave by adding to "family member" and allowing use during an emergency

Law, effective January 1, 2025.

SB 5808

Permits public safety telecommunicators (like 911 dispatchers) to pursue binding interest arbitration in CBA disputes

Law, effective June 6, 2024.

SB 5886

Expands L&I firefighter safety grants to assessments and training

Law, effective June 6, 2024.

I-2124

Initiative making WA Cares Fund a voluntary program, permitting employees to opt out any time

Did not pass; on November 2024 ballot.

HB 1893

Permits striking workers access to unemployment benefits

Did not pass.

HB 1959

Applies PFML premiums to small employers

Did not pass.

SB 5368

Expands Stay-at-work program light duty and transitional employment options

Did not pass.

SB 5472

Tax incentives for hiring "hard-to-place" job seekers

Did not pass.

SB 5924

Requires employers to provide an employee's personnel file on request within 21 calendar days

Did not pass.

SB 6072

Changes to WA Cares long-term care program to include benefits portability, new exemptions, supplemental insurance, etc.

Did not pass.

SB 6299

Limits employer use of artificial intelligence in the workplace

Did not pass.

Pensions

There were only a few bills on AWC’s radar in the pensions arena this session, all of which passed. With HB 1985, the Legislature once again passed a one-time, ad hoc 3% cost-of-living adjustment for PERS 1 retirees, capped at $110/month. The bill is expected to cost local governments an additional $105 million over 10 years, despite recent efforts in 2023 to reduce the unfunded liability surcharge that pays for new PERS 1 COLAs.

Other pensions bills that passed addressed a fairly narrow suite of issues. SB 6263 increases the funeral benefit for legacy pre-LEOFF city firefighters to align with the long-time funeral benefit for pre-LEOFF city police. SB 6197 makes a smattering of changes to the LEOFF 2 program, including changes to death benefits, making employers liable for certain benefits overpayments, expanding the definition of “firefighter” to cover additional staff, allowing certain denied PTSD disability claimants to reapply for benefits, and allowing the LOEFF 2 Board greater flexibility over its own staff.

Keep an eye out for the proposal around unemployment benefits for striking workers to return in 2025, as well as more on creating a permanent COLA for PERS 1 retirees.

Bill #

Description

Status

HB 1985

One time, ad hoc 3% COLA capped at $110/month for PERS 1 retirees

Law, effective June 6, 2024.

SB 6197

Making various changes to LEOFF 2 death benefits, overpayments, and benefits eligibility

Law, effective June 6, 2024.

SB 6263

Increasing funeral benefit for pre-LEOFF firefighters

Law, effective June 6, 2024.

 

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