In addition to the many HR-related bills we have covered this session, here are several more bills of interest that survived the house of origin cutoff.

Unemployment compensation reporting

SB 5874 adds language to existing statute pertaining to employer reporting requirements for unemployment compensation. This addition allows the Employment Security Department (ESD) Commissioner to waive penalties for minor reporting errors that resulted from the failure of electronic software to properly generate tax and wage reports. These reports are to include the occupational classification or job title of each employee.

Interest arbitration for correctional officers

SB 5972 seeks to amend current statute on public employee collective bargaining. The bill removes the county population threshold from the definition of correctional facility employees, making correctional workers in all counties subject to interest arbitration. Washington has 12 cities with local jails, all of which are in counties with populations over the 70,000 threshold.

Dates to remember

SB 5874 and SB 5972 are scheduled to be heard in the House Labor & Workplace Standards Committee on February 18 at 8 am.

Unemployment insurance

HB 2264 would extend unemployment benefits to employees who opt for an employer-initiated offer of separation due to forthcoming layoffs. This provision only applies if the employer offers a voluntary separation avenue when notifying employees of the layoffs or reductions.

Dates to remember

HB 2264 is scheduled to be heard in the Senate Labor & Commerce Committee on February 20 at 8 am.

Agency discretion in wage enforcement actions

SB 6058 establishes that the Department of Labor & Industries (L&I) must create a written process outlining how it will assess and evaluate wage complaints against employers going forward as the department will now have discretion in which complaints to investigate. This process must be made publicly available. While L&I will no longer be mandated to investigate every complaint filed, notification will be required once it is determined whether the agency will investigate a complaint. Additionally, the bill adds 1% interest per month for all wages owed and other possible monetary penalties if L&I orders wage payment. The look-back period for complaints against employers for unpaid wages is no more than three years.

Dates to remember

SB 6058 is scheduled to be heard in the House Labor & Workplace Standards Committee on February 20 at 10:30 am.

PFML rates

SB 5292 seeks to amend current Paid Family and Medical Leave (PFML) premium rates calculations. Under this bill, instead of ESD using the existing formula, the bill instructs the ESD Commissioner to annually set the total premium rate based on the annual legislative report produced by the Office of the State Actuary. The total premium rate is still set to not exceed 1.20%. The bill also adds a mandate that the PFML account must maintain solvency and, starting in 2030, must close out the rate collection year with a four-month reserve. The four-month reserve is outlined to mean the average monthly expenses, including the total amount of benefits paid, and ESD’s administrative expenses, based on the actuarial projections for the coming year, multiplied by four. This bill is set to go into effect January 1, 2028, if it passes the Legislature and becomes law.

The bill has passed the Senate but has not yet been scheduled for a hearing in the House.

Dates to remember

SB 5292 is scheduled to be heard in the House Labor & Workplace Standards Committee on February 24 at 10:30 am.

SB 5292 is scheduled for a vote by the House Labor & Workplace Standards Committee on February 25 at 8 am.

Striking workers unemployment insurance overpayment

SB 6134 expands existing law that mandates ESD to assess overpayment of unemployment benefits for striking workers to recover the corresponding benefits. The bill would require notification of the potential of overpayment assessment by ESD when striking workers apply for benefits. It outlines the various methods the notification can be made, which include an acknowledgement box on the online application, a letter, or another method determined by ESD. This provision is set to expire December 31, 2035. Furthermore, the bill states that if any part of the bill conflicts with federal requirements, that part of the bill is void while preserving the remainder of the bill.

The bill has passed the Senate but has not yet been scheduled for a hearing in the House.