HB 2144 was heard in the House Appropriations Committee on Friday, February 6, and scheduled for a vote by the committee on Monday, February 9. While this bill continues through the legislative process, AWC still has lingering concerns regarding liability implications due to the broadness and lack of clarity in the bill. AWC has provided suggestions for narrowing the extremely broad definition of electronic monitoring. Without a clearer definition, we remain concerned that it will be impossible to comply with the notification requirements, leading to liability exposure for claims about failure to provide adequate notice.

If the bill passes out of the Appropriations Committee, it will need to pass off the House floor by February 17.

Bill to regulate electronic monitoring of employees amended in committee

January 30, 2026

The Legislature is moving forward with the bill to regulate electronic monitoring of employees. The bill passed out of committee this week as a substitute bill proposed by Rep. Shaun Scott (D–Seattle).

Here are the key changes in the substitute bill employers should be aware of:

• Exempts law enforcement and fire departments from notification requirements;
• Shortens employee notification window from 60 days to 30;
• Requires notice be provided in languages appropriate for the workforce;
• Defines “meaningful human review”;
• Allows employer 30 days from the bill’s effective date to inform employees and bargaining representatives if covered technology is already in use;
• Allows the use of technology for imminent safety reasons without prior notification but requires notification within 30 days of said implementation;
• Shortens citation compliance timeline to 30 days;
• Allows good faith compliance waiver;
• Sets willful violation threshold for failure to comply;
• Adds nonretaliation section outlining enforcement penalties;
• Requires documentation of notification be kept for at least three years;
• Clarifies this bill does not supersede existing law requiring two-party consent for recording of private communication; and
• Pushes effective date to July 1, 2028.

AWC appreciates the exemption for police and fire departments and the delayed effective date. However, we are concerned that the amendment did not address the concern expressed by AWC and other stakeholders over the lack of clarity in the definition of “electronic monitoring” and the shortened timeline for citation compliance.

Due to the size of the fiscal note, it is likely the bill will be referred to the House Appropriations Committee. It would need a public hearing and to pass out of the fiscal committee ahead of the February 9 fiscal committee cutoff in order to continue the legislative process.

Bill to regulate employers’ electronic monitoring of employees moves forward

January 23, 2026

HB 2144 is scheduled for executive action on January 28 in the House Labor & Workplace Standards Committee. AWC’s concerns with the bill have yet to be fully addressed. We do anticipate an amended version of the bill will be available prior to the hearing. AWC, along with other stakeholders, provided ideas and alternative language seeking to clarify the definition of electronic monitoring that would make the bill easier to implement. We will continue to closely track the progress of the bill as well as any proposed amendments and seek clarifying language that addresses cities’ and other employers' concerns with its broad scope.

Dates to remember

HB 2144 is scheduled for executive action in the House Labor & Workplace Standards Committee on January 28 at 8 am.

Feedback sought on bill regulating employers’ electronic monitoring of employees

January 9, 2026

The Legislature is considering a bill that would regulate an employer's use of electronic monitoring of employees.

HB 2144 establishes requirements for employers seeking to electronically monitor employees for performance evaluations purposes. Should employers use or plan to use electronic monitoring, they will be required to notify impacted employees in writing within an allotted timeframe. If an employer is already utilizing electronic monitoring at the time the bill takes effect, they must inform employees within 60 dates of the bill's effective date. Once an employer decides to start monitoring, they must notify employees 30 days prior. Once the bill is in effect, all new hires must be informed of existing monitoring practices at the time of job offer. Information required to be provided in the employee notification are summaries of the following:

• Plans for use of the data gathered in future performance evaluations; and
• Verification process, if any, to confirm data gathered.

Violation claims

The bill also outlines the process for filing violation claims. Employees may file a complaint of violations with the Department of Labor & Industries (L&I) for claims that occurred within a three-year timeframe prior to the date of filing. L&I has discretion on whether to investigate filed claims and may either issue a citation and notice or a closure letter. If L&I decides to take on an investigation, the bill allows them the authority to issue subpoenas to compel cooperation, administer oaths and examine witnesses under oath, hold depositions, and seek affidavits or other forms of verification. L&I can also request employers to perform self-audits within a specified and reasonable timeframe for completion.

Employers and employees may appeal L&I's violation assessment and remedies. Aggrieved parties have 30 days from notice of determination to file an appeal, which pauses the effectiveness of determination until a final review is completed by the department. The bill outlines an administrative judgement process for the Administrative Office of the Courts regarding appeal resolution.

Penalties

Additionally, there are outlined penalties for "willful" violations. L&I may require an employer to pay between $100 to $5,000 for willful violation of the policy for first violations. "Willful" is defined as "knowing and intentional" and is not the result of a legitimate dispute. If found to have repeated subsequent violations, the penalty rises to no less than $5,000 per violation. "Repeat willful violator" is defined as an employer who has been issued a "final and binding citation" for a willful violation within three years of the date of the most recent citation. L&I is allowed discretion to waive or reduce civil penalties, may collect unpaid penalties, and must deposit those collected funds in the supplemental pension fund.

Private right of action

An employee may seek civil remedy for violations regardless of whether they filed a claim with L&I. This provision also holds a statute of limitations dating back three years from date of filing. A court may reward between $100 and $5,000 in statutory damages plus attorney fees if the court rules in favor of the petitioner in the case. Courts may also order actual damages, reinstatement, injunctive relief, or other deemed appropriate remedies.

This bill is viewed as an alternative to the bill requiring bargaining decisions around use of AI, HB 1622, that AWC opposed last year. At this point, AWC hasn’t taken a position on the bill and would appreciate feedback from cities on how the bill could impact them. This feedback will help us inform our approach as the bill moves through the legislative process.

Dates to remember

HB 2144 is scheduled for a hearing in the House Labor & Workplace Standards Committee on January 14 at 8 am.