The amendment takes effect July 1, 2026, for employers with 15 or more employees and on July 1, 2027, for employers with fewer than 15 employees.

Overview of the Amended Law
The WFCA currently prohibits employers in the state from seeking an applicant’s criminal record before making an initial determination that an applicant is qualified for a position. The amended law will also prohibit employers from:

• Inquiring about an applicant’s criminal record before extending a conditional job offer;
• Taking an adverse employment action based on an applicant’s or employee’s arrest record (other than an adult arrest record in which the individual is out on bail or released on their own recognizance pending trial) or juvenile conviction record;
• Taking an adverse employment action based on an applicant’s or employee’s adult conviction record unless the employer has a legitimate business reason for doing so; and
• Taking an adverse employment action against an individual who makes a good-faith report of a violation or suspected violation of the law.

The amended law also requires employers to do the following in connection with any adverse employment action taken against an employee or applicant:

• Provide a pre-adverse employment action notice that identifies the record on which the employer is relying for purposes of assessing its legitimate business reason;
• Hold the position open for two business days to provide the individual a reasonable opportunity to correct or explain the record or provide information on their rehabilitation, good conduct, work experience, education and training; and
• Provide the individual with a written decision, including the rationale for the decision, if the employer chooses to take an adverse employment action.

Increased Penalties
The amended law will increase maximum penalties to $1,500 for a first violation, $3,000 for a second violation and $15,000 for each subsequent violation.

Next Steps for Employers
Employers may wish to review and update their existing hiring process (including job applications and postings) to ensure they will be prepared to comply with the new law. Employers may also consider training relevant personnel on how to comply with the new legal requirements.

© 2026 Zywave, Inc. All rights reserved.

New Penalties
In Washington, civil penalties for willful wage violations are capped at $20,000. However, under the new law, the maximum civil penalty cap of $20,000 has been removed. Now, the Washington Department of Labor and Industries (L&I) may assess civil penalties up to the full amount of unpaid wages owed, plus interest. In addition, the minimum civil penalty for willful violations under the wage payment law will increase from $1,000 to $1,500. Starting in 2030, the base penalty amount will increase every three years based on the cumulative inflation rate.

HB 2479 mandates that L&I establish a penalty assessment matrix. In doing so, the department must evaluate the appropriateness of penalties by reference to the following criteria:

• The number of affected employees;
• The gravity of the violation;
• The size of the employer’s business;
• The employer’s good faith;
• The source or cause of any error;
• The promptness of remedy;
• The employer’s history of previous complaints and violations, including enhancements for repeat willful violations; or
• Other relevant factors.

L&I may waive civil penalties if certain conditions are met, including that the employer has not settled or resolved more than one wage complaint in the prior 12 months or more than three times in the prior 24 months.

Resolving Complaints for Repeat Violators
The new law requires L&I to assess civil penalties against employers that willfully violate the state’s wage payment law if they have settled more than one wage complaint in the preceding 12 months or at least three complaints in the preceding 24 months.

Wage and Hour Investigations
HB 2479 grants L&I the authority to expand investigations beyond the initial complaint and take appropriate enforcement action when additional potential violations are identified, regardless of whether further complaints are filed.

In determining which complaints will be investigated, the department must establish a written process by which wage complaints are prioritized based on factors, including, but not limited to:

• The harm to the affected employee;
• The severity of the complaint;
• The number of employees potentially affected; and
• The probability of retaliation.

L&I’s enforcement priorities will be made publicly available.

Wage Recovery Program
The new law establishes a wage recovery program, administered by L&I, to prevent immediate economic harm to low-wage employees caused by wage nonpayment. Washington’s wage recovery program is funded by penalties assessed against employers who violate the state’s wage laws.

The program will begin on July 1, 2028, or when the fund reaches $130,000, whichever is later. Eligible employees may receive up to 85% of wages they are anticipated to be owed at the time of disbursement, up to a maximum of $2,500. The department must attempt to distribute funds as early as possible in the investigation process after it has determined that an employee’s complaint has merit. L&I may adopt rules to administer the program.

Employees are eligible for program funds if all conditions below are met:

• The employee has filed a wage complaint with L&I;
• L&I has investigated and determined that the wage complaint has merit;
• The employee has assigned the employee’s wage complaint to L&I;
• The employee requested to be considered a recipient of funds from the wage recovery program;
• The employee’s earnings during the preceding 12 months were less than the maximum amount established by L&I;
• The employee attests that they will suffer immediate economic harm without relief from the wage recovery program; and
• The employee, as a condition of receiving funds under the wage recovery program, has waived the ability to appeal the citation and any notice of assessment, as well as any private right of action.

The department may identify other factors for consideration, such as resources available to the employee, the employee’s current employment status and family size. Payments under the program are discretionary, and eligibility for wage recovery program payments does not create a right to payment. As a condition of receiving funds under the program, the employee must assign to L&I the employee’s right to any claim on wages and interest owed by the employer.

Next Steps for Employers
While HB 2479 does not impose new wage and hour compliance obligations on Washington employers, it imposes new penalties, removes civil penalty caps and provides L&I with greater investigatory authority. Employers should promptly review and strengthen their compliance with the state’s wage laws to mitigate risk and proactively avoid penalties imposed by the new law.

© 2026 Zywave, Inc. All rights reserved.

Minimum Wage Rate Increases
Oregon has three separate minimum wage rates that depend on location. There are different rates for the state, the Portland metropolitan area within its urban growth boundary, and nonurban counties. Starting July 1, 2023, Oregon’s minimum wage rates were indexed for inflation based on the consumer price index. Each year, the state’s minimum wage rates are adjusted for inflation and take effect on July 1.

The Portland metropolitan area’s minimum wage rate is $1.25 per hour higher than the state minimum wage rate, and the minimum wage rate for nonurban counties is $1 per hour lower than the state minimum wage rate.

On July 1, 2026, the minimum wage rates will increase as follows:

• The state’s standard minimum wage will increase from $15.05 per hour to $15.55 per hour;
• The Portland metropolitan area minimum wage will increase from $16.30 per hour to $16.80 per hour; and
• The minimum wage rate for nonurban counties will increase from $14.05 per hour to $14.55 per hour.

The Oregon Bureau of Labor and Industries provides a map that employers may use to determine which minimum wage rates apply to them.

Updated Minimum Wage Poster
Oregon has not yet released an updated minimum wage poster to reflect the minimum wage increases.

Impact on Employers
Oregon employers should update their payroll processes and procedures by July 1, 2026, to comply with the new minimum wage rates. In addition, employers should monitor for the release of the updated minimum wage poster.

© 2026 Zywave, Inc. All rights reserved.

Background
Federal law requires employers to hire only individuals who may legally work in the United States. To comply with the law, employers must verify the identity and employment authorization of each individual they hire by completing and retaining the Employment Eligibility Verification form (Form I-9). Employers must have a completed Form I-9 for every employee hired after Nov. 6, 1986.

Overview
The new law contains several provisions, including the following.

Employment Protections
HB 4111 makes it unlawful for an employer to discharge an employee or in any manner discriminate, retaliate or otherwise take adverse action against the employee because the employee updates or attempts to update their personal information based on a lawful change in the employee’s federal employment authorization documentation.

The new law clarifies that it is not unlawful for an employer to take actions necessary to comply with federal employment authorization verification requirements. In addition, an employer does not engage in an unlawful practice solely because a third-party benefit administrator independently takes adverse action in response to changes in the employee’s personal information or federal employment authorization.

The law gives aggrieved employees a private right of action in which they may recover damages and attorney fees.

Immigration Status in Civil Cases
The new law generally prohibits information about a party’s or a witness’s immigration status from being used in civil proceedings unless the party’s or witness’s immigration status is an essential fact to provide an element of the party’s cause of action or essential to establish a party’s claim for relief. HB 4111 establishes a process for introducing evidence of a party’s or a witness’s immigration status in a civil action.

Law Enforcement Profiling
HB 4111 amends the definition of “prohibited profiling by law enforcement” to include “immigration status.” Under the law, profiling means targeting an individual by law enforcement, based solely on the individual’s real or perceived age, race, ethnicity, color, national origin, immigration status, language, sex, gender identity, sexual orientation, political affiliation, religion, homelessness or disability, unless the agency or officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law.

Employer Takeaway
Employers should update their workplace policies and procedures to comply with the law’s immigration-related employment protection requirements by the compliance deadline. Employers should also train managers about the new employment protections to avoid potential lawsuits that could result in costly damages and attorney fees.

. © 2026 Zywave, Inc. All rights reserved.

Overview of Noncompete Ban
The new law makes all noncompete agreements void and unenforceable as of June 30, 2027, regardless of when the agreements were entered into. Previously, Washington permitted reasonable noncompete agreements for certain highly compensated employees.

“Noncompetition covenant” is defined as a written or oral covenant, agreement or contract that prohibits or restrains an individual from engaging in a lawful profession, trade or business; restrains a performer from engaging in a lawful performance; prevents the acceptance or transaction of business with a customer; or requires individuals to repay, forfeit or lose any right, benefit or compensation for engaging in a lawful profession, trade or business. 

Exceptions
The new law permits the following:

• Nonsolicitation agreements that expire within 18 months of an employee’s termination of employment and meet other statutory requirements;
• Confidentiality and trade secret agreements;
• Covenants entered into by a person purchasing or selling the goodwill of a business or otherwise acquiring or disposing of an ownership interest if the person signing the covenant purchases, sells, acquires or disposes of an ownership interest representing one percent or more of the business;
• Covenants entered into by a franchisee when the franchise sale complies with state law; and
• Agreements to repay out-of-pocket educational expenses if the agreement expires within 18 months of the employee’s start date, prorates the repayment and does not require repayment if the employee’s separation from employment is based on good cause.

Notice Requirements
By Oct. 1, 2027, employers must make reasonable efforts to provide written notice to current and former employees and independent contractors with whom the employer has an active noncompete agreement that such agreement is void and unenforceable.  

Penalties
The attorney general and individuals aggrieved by a violation of the law may file a cause of action. Employers found in violation of the law may be liable for the greater of actual damages or $5,000, plus reasonable attorney fees and costs. 

Employer Takeaways
Employers may consider reviewing existing employee agreements or template agreements to determine whether any contain noncompete provisions that would be invalidated under the new law. Employers may also begin preparing revisions to such agreements and consider whether to use alternative provisions (e.g., nondisclosure provisions) to protect competitive business information. Finally, employers may begin reviewing existing noncompete agreements and drafting a template notice to be sent to such individuals with whom the employer has entered into a noncompete agreement. 

. © 2026 Zywave, Inc. All rights reserved.

Background
Federal law requires employers to hire only individuals who may legally work in the United States. To comply with the law, employers must verify the identity and employment authorization of each individual they hire by completing and retaining the Form I-9. Employers must have a completed Form I-9 for every employee hired after Nov. 6, 1986.

Authorized federal government officials can perform worksite enforcement investigations and request copies of all Forms I-9 for any reason. An employer’s failure to verify and retain Forms I-9 can result in costly fines and criminal penalties.

Immigrant Worker Protection Act
The new law imposes notice and posting requirements on employers when federal agencies request records related to employee work eligibility. The Act aims to provide workers with advance notice of immigration-related inspections of employment records conducted by federal agencies and information on the results of those inspections.

Under the new law, employers may not impose work authorization verification or reverification requirements greater than those required by federal law.

Notice Requirements
Within five business days of receiving notification from a federal agency of any inspection of Forms I-9 and any related worker records, employers must provide written notice to each worker and the worker’s authorized representative, if any. The notice must include a copy of the federal agency’s notice of inspection. The notice must also contain the following information in English and the five most commonly used non-English languages in Washington:

• The name of the federal agency that will be conducting the inspection;
• The date that the employer received notice of the inspection;
• The types of records sought and other identified purposes of the inspection (to the extent known by the employer); and
• Contact information for a statewide organization that provides information and advocacy related to immigrant and refugee rights, which must be identified and approved by the attorney general.

To comply with the Act’s notice requirements, employers may use the model notice which the attorney general is required to prepare and make available by Sept. 1, 2026.

Employers must also provide notice by posting the federal agency’s notice of inspection in conspicuous places on their premises where notices to workers are customarily posted. The posted notice must be maintained through the completion of the inspection. Employers must also deliver the notice of inspection directly to employees using the primary method of communication they typically use. Delivery must include at least one of the following:

• Hand delivery;
• Mail with proof of delivery;
• Email with proof of transmission;
• Text message with proof of transmission, which may include a link to a notice maintained on a website.

Acceptable forms of proof of transmission or delivery include, but are not limited to, mail with proof of sending, dated electronic transmission, time-stamped photographs of posting, or other reasonable records maintained in the ordinary course of business to demonstrate notice to workers of employment-related matters.

Inspection Results Notice Requirements
Within five business days of receiving written notice of inspection results for Forms I-9 and related worker records from a federal agency, employers must provide to each affected worker and their authorized representative, if any, a copy of the notice. Employers must also provide written notice of the employer and the affected worker’s obligations arising from the inspection results. This notice must be written in the language most regularly used to communicate between the employer and the affected worker.

In addition, the employer must provide each affected worker and the worker’s authorized representative, if any, with the following information:

• A description of any deficiencies or other items identified in the written immigration inspection results notice related to the affected worker;
• The time period for correcting any potential deficiencies identified by the federal agency;
• A mutually agreed-upon time and date (or options for times and dates) within the allotted correction period for a meeting with the employer to correct any identified deficiencies; and
• Notice that the worker has the right to representation during any meeting scheduled with the employer.

The information provided to the worker must relate only to the affected worker. Employers must redact any other worker’s personal information. This information must be transmitted to the affected worker and their authorized representative using the primary communication method typically used by the employer, which must include at least one of the communication methods identified above.

The Act does not modify or limit collective bargaining agreements from requiring shorter notice time frames.
Posting Requirements

Every employer must display a notice informing workers of the Act’s notice requirements in a conspicuous place on their premises where worker notices are customarily posted. The attorney general will develop and make available on its website a poster in English and the five most commonly used non-English languages in the state by Sept. 1, 2026.

Worker Protections
Employers are prohibited from interfering with, restraining or denying the exercise of any worker’s rights provided under the new law, including using a worker’s exercise of any right as a negative factor in any employment action, such as evaluation, promotion or termination, or subjecting a worker to discipline. In addition, employers may not take any adverse action against a worker because the worker exercised their rights under the Act, including, but not limited to, filing a complaint or action, instituting or causing a proceeding to be instituted, participating in any investigation or proceeding, or testifying or intending to testify in any proceeding.

Enforcement and Penalties
The attorney general has authority to resolve alleged violations of the Act, investigate potential violations on its own initiative or in response to complaints, or issue written civil investigation demands for documents, oral testimony and answers to written interrogatories. The attorney general may also pursue legal action to enjoin violations of the law and obtain actual damages, statutory damages and any other appropriate relief at law or equity, including reasonable attorney fees and costs.

For each violation of the Act’s notice requirements, employers must pay $500 in statutory damages to the attorney general. The amount is doubled if the court finds the employer’s violation was willful. However, the court may waive or reduce the statutory damages if the employer’s violation was inadvertent, if the violation did not result in actual harm, and if the employer made prompt and good faith efforts to correct the violation.
Workers may bring a private cause of action in superior court to enjoin further violations of the Act, recover damages and seek any other equitable relief or appropriate remedy authorized by federal or state law, including reasonable attorney fees and costs. If a court finds that an employer has violated the Act, it may award actual damages or statutory damages equal to 40 times the state’s minimum wage per worker per violation, whichever is greater.

Next Steps for Employers
Washington employers should ensure they comply with the Act’s notice and posting requirements by Oct. 1, 2026. Employers that fail to do so may face government action and civil litigation, which could result in costly fines, damages, and attorney fees and costs. In addition, employers should monitor the Act to see if it receives funding by June 30, 2026.

© 2026 Zywave, Inc. All rights reserved.

2026 Premium Rate
Starting Jan. 1, 2026, the PFML premium rate will be 1.13% of each employee’s gross wages, not including tips, up to the 2026 Social Security cap of $184,500. This is an increase from the 2025 premium rate of 0.92% of wages.

Of the total 1.13% contribution in 2026, employers with 50 or more employees will pay 28.57%, and employee withholding will cover the remaining 71.43%, a similar ratio as in 2025. Employers may pay some or all of the employees’ share on their behalf if they choose. Employers with fewer than 50 employees employed in the state are not required to pay the employer portion of premiums, but they are eligible for grant assistance if they do.

Employer Withholding
All employers must withhold employees’ premiums from their paychecks and pay the employer’s share, if any. The payments are made quarterly, with the filing of employer reports through SecureAccess Washington. First-quarter premiums using the new rate are due by the end of April 2026. Employers may not retroactively withhold premiums from employees.

Upcoming Changes to PFML
2025 amendments to PFML take effect Jan. 1, 2026, and affect different aspects of the program. Among other things, the changes expand job protection, clarify the continuation of health care benefits, limit leave “stacking” with federal FMLA leave, reduce the weekly minimum claim from eight hours to four hours, and expand the small business assistance grant program. Additional notice obligations will also apply to employers in some circumstances.

. © 2025 Zywave, Inc. All rights reserved.

In general, cafeteria plans that fail to operate according to their written plan terms or that otherwise fail to operate in compliance with Section 125 and the regulations will not be considered cafeteria plans, which means employees’ elections between taxable and nontaxable benefits will result in gross income to the employees. Errors affecting component benefit plans may also violate other federal group health plan laws, such as ERISA or COBRA.

Section 125 and the accompanying regulations do not address how to correct cafeteria plan administration mistakes. As a starting point, the best way to avoid cafeteria plan administration mistakes is to understand how and why errors typically occur, and to take proactive steps to prevent them from happening in the first place. Many plan administration issues stem from miscommunication, operational issues or unfamiliarity with Section 125 and its accompanying regulations, with the errors outlined below being among the most common

Improper mid-year election changes without a qualifying event
In most cases, an employee cannot change their elections under a cafeteria plan during the coverage period (usually the plan year). However, the IRS allows employers to design their cafeteria plans to allow employees to change their elections during the plan year only if specific conditions are met:

1. The employee experiences a mid-year election change event recognized by the IRS;
2. The cafeteria plan explicitly allows mid-year election changes for that event in its written plan document; and
3. The employee’s requested change is consistent with the mid-year election change event (e.g., adding a dependent after birth).

A common mistake occurs when employers, as plan sponsors, permit mid-year election changes without verifying that all three conditions are satisfied. For example, an employee may experience a qualifying event, such as marriage, that is recognized by the IRS. While it may be appropriate for the employee to change from employee-only to family coverage in response to that event, the plan must also specifically allow such a change (condition 2). If the plan document does not permit mid-year changes for marriage, the election would be invalid. Additionally, even if the plan allows changes due to marriage, the employee cannot use that event to discontinue contributions to group term life insurance, since that change is unrelated to the nature of the qualifying event (condition 3).

Another important consideration for employers is that some of the IRS’s mid-year election change events apply to all qualified benefits that can be offered under a cafeteria plan, while others are limited to specific benefits. For example, not all of the IRS’s mid-year election change events apply to elections for health flexible spending accounts (FSAs). Thus, it is important to carefully review which events apply to each benefit and ensure that the cafeteria plan document clearly outlines the permitted changes.

Incorrect salary reduction withholdings
Cafeteria plans are primarily funded through salary reduction agreements between employers and employees, where employees agree to have a portion of their salary withheld on a pre-tax basis to pay for qualified benefits such as health insurance. These elections must generally be made on a prospective basis, typically during an annual open enrollment period, with the elections taking effect on the first day of the upcoming plan year. Employees who become eligible for benefits during a plan year (for example, new hires) will usually make their elections during an initial enrollment period.

Mistakes can occur when salary reduction amounts are either miscalculated or applied retroactively, often due to administrative oversight. If the amount withheld does not match the employee’s authorized election, resulting in either too much or too little salary being withheld, the plan will fall out of compliance with Section 125.

Offering or reimbursing nonqualified benefits under the plan
Cafeteria plans may offer a variety of qualified benefits, such as accident and health benefits, adoption assistance, dependent care assistance, and dental or vision benefits. However, benefits not recognized as qualified under Section 125 cannot be offered under a cafeteria plan, such as Archer medical savings accounts, long-term care insurance, or employer-provided meals and lodging. If a plan offers nonqualified benefits, it risks losing its status as a cafeteria plan, which means employees’ elections would become taxable.

Enrollment mistakes
Eligibility errors in cafeteria plan administration can occur when individuals who do not meet the criteria under Section 125 are mistakenly allowed to participate, or when eligible individuals are inadvertently excluded from plan participation. These issues often occur during open enrollment, when large volumes of elections are processed, and can lead to discrepancies in salary reduction amounts and errors in the administration of component benefit payments.

When correcting these issues, it is important for employers to assess whether and how adjustments should be made across the various benefits offered under the plan. 

Failing to comply with applicable nondiscrimination rules
To receive favorable tax treatment, cafeteria plans must generally pass a series of nondiscrimination tests designed to ensure that the plan does not disproportionately benefit highly compensated employees. If a cafeteria plan fails these tests, highly compensated employees lose the tax benefits of participating in the plan and must include the benefits or compensation in their income. However, employees outside the highly compensated group will retain the tax benefits of plan participation, even if the plan fails nondiscrimination testing.

Nondiscrimination testing should be performed each plan year; if performed early, employers will have time to make any necessary adjustments to maintain compliance. Because nondiscrimination testing is complex, most employers use outside service providers to perform it. It’s also important to remember that additional nondiscrimination tests apply to specific benefits that may be
offered under a cafeteria plan, such as health and dependent care FSAs.

Employer Takeaway
Resolving cafeteria plan administration errors involves many factors and can present significant compliance risks. Due to limited formal guidance from regulatory agencies in this area, employers who discover such errors should promptly consult with benefits counsel or their plan advisors to determine the most appropriate corrective strategy.

Links and Resources

• Internal Revenue Code Section 125
• IRS’s proposed Section 125 regulations from 2007 (reliance by taxpayers permitted until
  final regulations issued)
• IRS Publication 15-B “Employer’s Tax Guide to Fringe Benefits” (overview of cafeteria plan
  requirements)
• IRS Memorandum No. 201413006 (correction procedures for improper health flexible
  spending arrangement payments)

. © 2025 Zywave, Inc. All rights reserved.

Background
Oregon’s anti-discrimination law prohibits employers from discriminating against an individual on the basis of certain protected characteristics, including age if the individual is 18 years of age or older.
Prohibited Age-related Inquiries

The amended law expands Oregon’s age-related discrimination protections during the hiring process. Specifically, the amendment prohibits employers from requesting or requiring disclosure of an applicant’s age or date of birth or when the applicant attended or graduated from any educational institution:

• Prior to completing an initial interview; or
• Prior to making a conditional employment offer, if there is no initial interview.

However, employers may make an otherwise prohibited inquiry where such information is required to affirm that the applicant meets a bona fide occupational qualification or to comply with a federal, state or local law.

No Age Limits for Apprenticeships
The amended law also removes a provision of the anti-discrimination law that allows apprenticeship programs to exclude applicants who could not complete the required apprenticeship training before attaining age 70.

Employer Takeaways
In light of the amendments, employers may consider reviewing current hiring practices, including online applications, screening methods and interview protocols, to ensure they do not make any prohibited age-related inquiries. Employers may also review apprenticeship program admission procedures to ensure they do not exclude applicants on the basis of age.

. © 2025 Zywave, Inc. All rights reserved.

Overview of the Act
Employers with 50 or more full-time employees (i.e., employees employed for an average of 20 or more hours per week and for six or more of the preceding 12 months) in the state must provide at least 60 days’ advance notice to affected employees, union representatives and the Washington Employment Security Department (WESD) prior to:

• Business closings—A permanent or temporary shutdown of a single employment site or one or more facilities or operating units that will result in an employment loss for 50 or more full-time employees; and
• Mass layoffs—A reduction in force not due to a business closing that results in an employment loss of 50 or more full-time employees in a 30-day period.

“Employment loss” means termination (other than for cause, voluntary separation or retirement), a layoff exceeding six months, or a reduction in hours of more than 50% in each month of a six-month period.

Unless notification is excused, employers may not include any employee taking leave under the Washington Paid Family and Medical Leave Law in a mass layoff.

Notice Contents
Notice must be in written form and must contain:

• The name and address of the affected site and contact information of a company official;
• A statement as to whether the action is temporary or permanent (and, if temporary, whether it will last more or less than three months);
• The expected date of the first employment loss and schedule of losses;
• Affected job titles and employee names (and, for notices to the WESD, employee addresses); and
• Whether the action is the result of or will result in the relocation or contracting out of employer operations or employee positions.

. © 2025 Zywave, Inc. All rights reserved.

Background
Beginning in 2023, Washington’s EPOA has required employers with 15 or more employees to disclose in all job postings the wage scale or salary range and a general description of all benefits and other compensation for the position.

Amendment Overview
The amendment makes the following changes to the EPOA:

• Five-day cure period—From the effective date through July 27, 2027, employers will have five business days to correct a posting after receiving notice that the posting does not comply with the EPOA. Employers who make such corrections will not be subject to penalties;
• No liability for unauthorized third-party postings—Employers will not be liable for unauthorized third-party postings that are digitally replicated and published without the employer’s consent;
• Fixed wage amount—Where an employer is only offering a fixed wage amount for a position or promotion, that may include such amount in lieu of a wage range; and
• Clarification of exclusive remedies—The amendment clarifies that the exclusive remedies for noncompliance are either:
  • Administrative remedies, including civil penalties of up to $1,000 and statutory damages of $100 to $5,000 per violation; or
  • Civil actions for statutory damages of $100 to $5,000 per violation.

Employer Takeaways
Although the amendment provides greater opportunities for employers to correct violations and reduces potential penalties for noncompliant postings, employers should continue to ensure compliance with the EPOA’s pay transparency requirements

. © 2025 Zywave, Inc. All rights reserved.

Background
Washington currently requires employers with 15 or more employees to provide reasonable accommodations for an employee’s pregnancy and pregnancy-related health conditions, including the need to express breast milk, unless doing so would impose undue hardship on the employer.

Amendment Overview
Effective Jan. 1, 2027, all Washington employers with one or more employees will be required to provide pregnancy accommodations under the Act. The amended Act will also provide greater protections for employees, including:

• Paid lactation breaks—Currently, the Act requires employers to provide reasonable break time to express breast milk. The amended Act will require employers to provide paid lactation breaks at the employee’s regular compensation rate. Such paid breaks must be in addition to any legally required meal and rest breaks.
• Scheduling flexibility for postpartum visits—The Act requires employers to provide scheduling flexibility for prenatal visits as a reasonable accommodation. The amended Act will require employers to provide such flexibility for postpartum visits as well.

The amended Act will also transfer enforcement authority from the attorney general to the Washington Department of Labor and Industry, which may assess civil penalties. Individuals will continue to have a private right of action as well.

Employer Takeaways
Small employers not currently required to provide pregnancy accommodations may be required to do so, effective Jan. 1, 2027. Such employers may take steps to ensure compliance, such as training relevant personnel and updating accommodation policies. In addition, all covered employers may review policies and practices to ensure compliance with the expanded law by the effective date.

© 2025 Zywave, Inc. All rights reserved.

The Court held that the FTC did not have the right to create substantive rules in the manner that it created the non-compete ban rule and overstepped its administrative power. The Court also held that the FTC did not properly justify the rule’s overarching breath given it would invalidate over 30 million employment agreements and preempt the laws of 40 states.

As a result of the court’s ruling, the FTC cannot enforce their rule banning non-competes on a nationwide level. Given FTC’s ban on non-competes was blocked, employers can continue to enter into and maintain current non-compete agreements, per state laws restrictions.

In April, the FTC proposed a new rule that if implemented would have effectively prohibit non-compete agreements nationwide. Employers would no longer be allowed to enter into non-compete agreements. The rule was retroactive, rescinding all past non-compete agreements. Employers would have been required to provide notice to all current and former employees, as well as independent contractors, under active non-compete agreements. The FTC’s rule allowed for very limited exceptions for "senior executive" entered into before the rule's effective date and other employees in connection with the sale of their business.

The FTC may attempt to challenge the Federal District Court’s ruling by appealing to the Fifth Circuit Court of Appeals, but the Fifth Circuit Court of Appeals is very employer friendly and would likely side with the District Court. The FTC could then appeal the decision to the Supreme Court, but again, the current Supreme Court is also likely to rule in favor of the District Court ruling.

Both Oregon and Washington have laws that limit non-compete agreements.

In Oregon, non-compete agreements entered into on or after 1/1/22, are void and unenforceable unless:

• There duration is no longer than 12 months after termination;
• The employer has an interest to protect, such as trade secrets; sensitive, confidential business or professional information; product development plans; launch plans; marketing strategy or sales plans;
• The employee’s annualized gross salary/commissions at termination is at least $113,241 (increased each year by inflation);
• The employee is classified under the “white collar” exemptions from overtime wages;
• The agreement must be in writing and included in a written employment offer at least 2 weeks before the first day of employment and required as condition of employment, or entered into upon bona fide advancement; and
• The employer must provide the employee a signed, written copy of the non-compete agreement at least 30 days after termination,

In Washington, as of January 1, 2024, the salary threshold for enforcement of non-compete agreements is $120,559.99 for employees and $301, 399.98 for independent contractors (increased each year by inflation).

In Washington, non-compete agreements are void and unenforceable unless:

• There duration is no longer than 18 months after termination;
• The non-compete is disclosed in writing at the time of initial oral or written acceptance of employment;
• If the employer lays off the employee, at the time of termination, the employer must pay the employee the equivalent of their base salary for the duration of the non-compete enforcement period; and
• The non-compete agreement cannot have a choice of law provision for any jurisdiction other than Washington and the agreement must be evaluated under the laws of Washington.

In Oregon and Washington, non-solicitation and confidentiality agreements are not subject to these restrictions, unless they are a non-compete agreement in disguise.

UEA attorneys are available to address our Member's questions and concerns regarding non-compete agreements, as well as other employment agreements. UEA can also assist you with evaluating your employment agreements to ensure compliance with federal and state laws.

For a position to be exempt under the FLSA’s white collar exemption, it must meet the following three tests:

• Be paid on a salary basis;
• Be paid at least the designated minimum weekly salary; and
• Perform certain duties.

Prior to the new final rule taking effect, the minimum weekly salary is $684, or $35,568 per year. On July 1, 2024, the minimum weekly salary increases to $844, or $43,888 per year. On January 1, 2025, the minimum weekly salary increases again to $1,128, or $58,656 a year. Under the final rule, the minimum weekly salary will be increased every three years, starting July 1, 2027.

The final rule also increases the salary requirement for the highly compensated employee (HCE) exemption. Currently, the HCE exemption’s annual salary requirement is $107,432. On July 1, 2024, the annual salary requirement will increase to $132,964. On January 1, 2025, the annual salary requirement will increase to $151,164. Under the final rule, the annual salary requirement will also be increased every three years, starting on July 1, 2027.

Member companies should review the salaries of their exempt employees that fall under the white collar or HCE exemptions. If the salaries of any of your employees covered by those exemptions do not meet the new July 1, 2024, minimum salary requirements (e.g., $844/week for white collar, $132,964/year for HCE), you will need to decide if you want to increase their salary, so they meet the new minimum on July 1, 2024, or convert those employees to non-exempt.

Employees that fall under the HCE exemption who do not meet the new salary requirement of the HCE exemption on July 1, 2024, might also meet the duties test for one of the white collar exemptions (executive, administrative, or professional), and could maintain their exempt status under one of those exemptions at a much lower salary threshold.

There have already been a number of lawsuits filed in Federal courts challenging the DOL’s final rule. It is very likely that one of the courts where a lawsuit has been filed will issue an injunction temporarily suspending the DOL’s final rule. We anticipate that just prior to July 1, 2024, an injunction will be announced. If that is the case, employers will not need to do anything on July 1, 2024, until the matter has been resolved in the courts.

UEA attorneys are available to address your questions and concerns regarding the DOL’s final rule increasing the salary threshold for the white collar and HCE exemptions. UEA can also assist you with evaluating your salaried exempt employees to ensure compliance with the final rule.

We will also keep you apprised as new developments unfold, especially regarding the legal challenges to this final rule.

One question SB 1515 does not answer is what happens to employees who are currently on an approved OFLA leave for one of the reasons that will no longer be covered by OFLA on July 1, 2024. For example, an employee could have started an OFLA leave on May 1, 2024, for baby bonding for 12 weeks, which would normally continue until July 23, 2024. More specifically, what happens to this employee’s approved OFLA leave from July 1st–23rd, 2024?

BOLI answered that question in their recently published temporary rule (https://www.oregon.gov/boli/about/Documents/BLI_14-2024TrackedChanges.pdf). Under the temporary rule, employers must provide a notification in writing by no later than June 1, 2024, to all employees who are currently on OFLA leaves, which are scheduled to continue on or after July 1, 2024. Employers need to inform these employees that the reason they are on OFLA leave will no longer be covered starting July 1, 2024, and their OFLA leave will end effective June 30, 2024.

For new OFLA leave requests submitted between now and June 30, 2024, employers must provide employees with the same written notice within 14 days of receiving the OFLA request.

Employers must also advise employees in writing that they should apply for a PLO leave for any remaining leave continuing on or after July 1, 2024 through the Oregon Employment Department or the employer’s equivalent plan, and include a copy of the PLO Model Notice (https://d1o0i0v5q5lp8h.cloudfront.net/paidleave/live/assets/resources/Paid-Leave-ModelNotice-Poster-EN.pdf.)

BOLI’s temporary rule applies only to OFLA and PLO, and does not impact employee’s leave rights under FMLA, ADA, or any other applicable federal, state, or local disability or leave laws.

UEA attorneys are available to address your questions and concerns regarding BOLI’s temporary rule and the required notifications.

• Care for a child suffering from an illness, injury, or medical condition that requires home care regardless of whether it is a serious health condition or not, or caring for a child requiring home care due to the closure of a school or child-care provider due to a public health emergency (Expanded Sick Child Leave with Serious Health Condition Added);
• Bereavement Leave (Limited to two weeks per family member and four weeks per benefits year starting July 1, 2024); and
• Pregnancy-related disability leave (12 additional weeks of leave).

Employees can no longer take OFLA leave for bonding with a child in the first year after birth, adoption, or foster care placement, to care for a family member with a serious health condition, or the employee’s own serious health condition. In Oregon, those types of leave are available exclusively through PLO. Employees that work for employers with 50 or more employees may also be eligible for FMLA for these types of leaves, which will typically run concurrently with PLO.

Under SB 1515, employees are no longer able to take OFLA and PLO concurrently even if the reason for leave would apply to both (which it could for caring for a sick child with a serious health condition and pregnancy-related disability leave), and the combined 16-week cap of OFLA and PLO in a benefits year is eliminated.

These two provisions of the new law continue the leave stacking issue, which results in more than 12 weeks of different leaves taken in the same benefits year. For example, an employee could take 12 weeks of paid leave under PLO for a sick child with a serious health condition, and then 12 weeks of unpaid leave under OFLA for the same reason. In some cases, an employee can take up to 38 weeks of OFLA and PLO leave in a benefits year. For example, an employee can take 12 weeks unpaid OFLA leave for a sick child with a serious health condition, an additional 12 weeks of unpaid OFLA leave for a pregnancy-related disability leave, and 14 weeks of paid PLO leave for a pregnancy-related disability leave.

Starting July 1, 2024, through December 31, 2024, employees will be able to take two weeks of unpaid leave under OFLA to effectuate the legal process required for placement of a foster child or the adoption of a child. On January 1, 2025, employees will no longer be able to take this leave under OFLA, and instead will take this two-weeks of leave as paid leave under PLO.

Under SB 1515, employees must be allowed to take any accrued paid time off (e.g., PTO, vacation, or sick time) while on PLO so they can top off their PLO benefits to reach 100% of pay. Employers have the discretion to allow employees to take paid time off and get paid more than 100% of pay while on PLO. Oregon Employment Department and BOLI will be developing a process for informing employers how much employees are being paid on PLO, so they can properly top off their PLO benefit to reach 100% of pay.

Per another law (SB 999), starting July 1, 2024, the OFLA one-year period defined as a benefits year must be measured in the same way as the PLO benefits year, which is the one-year period beginning on the Sunday immediately preceding the date on which leave commences and looking forward 52 consecutive weeks from that date. If you have not already changed your OFLA benefits year to match the PLO forward looking year, you must do so by July 1, 2024.

We suggest you also change your FMLA benefits year to the forward-looking year, so PLO, OFLA, and FMLA can be aligned to the greatest extent possible. FMLA requires that you provide 60-day notice of a change to the benefits year. Attached is a sample FMLA benefits year change notice that should be distributed to employees by May 2, 2024, so you are in compliance with the 60-day notice period.

Click here for a sample notice.

By enacting this law, Washington lawmakers want to protect job applicants from being denied job opportunities for legal off-duty use of marijuana, which has been legal in Washington since 2012, that does not correlate to job performance. Nonpyschoactive cannabis metabolites do not get people high, or intoxication, but may remain in a person’s body 30 days after use of marijuana.

Specifically, ESSB 5123 makes it illegal to deny a job applicant because of the use of cannabis off the job and away from the workplace or based on a drug test that finds the person has nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.

There is currently not a readily available effective scientifically valid drug test on the market for marijuana that does not test for nonpsychoactive cannabis metabolites. Until a suitable test is made available, Washington employers will not be able to test for marijuana in pre-employment testing. Given a number of states, including California, are prohibiting this type of marijuana testing, the hope is that a suitable scientifically valid drug test will be available soon.

Employers are still able to administer drug tests that test for nonpsychoactive cannabis metabolites for current employees through post-accident, random, and reasonable suspicion testing. Employers are also still allowed to maintain drug and alcohol-free workplace policies and obligations required under federal law, required to receive federal funding or federal licensing-related benefits, or required by a federal contract.

This law does not apply to applicants in the following positions:

• Positions that require federal government background investigations or security clearance;
• First responder or law enforcement positions;
• Airline or Aerospace industry positions; or
• Safety sensitive positions for which impairment while working causes a substantial risk of death.

Safety sensitive positions need to be identified before a job applicant applies for employment.

Washington employers, including Oregon based employers with positions assigned to work in Washington, should review and update their drug and alcohol testing policies and procedures to ensure compliance with this new law. Employers should also contact their drug testing centers to ensure future pre-employment testing will be conducted in compliance with this law.

Employers also need to review their positions to determine which qualify as “safety sensitive” positions under the law and include that information in job descriptions and job postings.

Information on Washington Law, ESSB 5123, can be found at the following websites:

• https://lawfilesext.leg.wa.gov/biennium/2023-24/Pdf/Bills/Session%20Laws/Senate/5123-S.SL.pdf?q=20230526133248)
• https://app.leg.wa.gov/RCW/default.aspx?cite=49.44.240

UEA attorneys are available to address your questions and concerns regarding compliance with this new Washington law. We can also assist you with updating policies and procedures to ensure compliance.

Failure to use the new I-9 Form starting November 1, 2023, may lead to penalties being assessed to employers.

The changes to the new I-9 form were made to streamline the form completion process and make it easier for employers to use the form. Below is a list of the changes to the new I-9 form:

• Section 1 and 2 fields reduced so both sections are on a single sided page.
• Section 1 Preparer/Translator Certification moved to a separate Supplemental A section for use, if needed.
• Section 3 Reverification and Rehire moved to a separate Supplemental B section for use, if needed.
• Being able to complete the I-9 form as a fillable form on tablets and mobile devices, and easily downloading the form.
• Removing requirement to enter N/A in a number of fields.
• Including list of acceptable receipts in List of Acceptable Documents, as well as including guidance and links to information on automatic extensions of employment authorization documentation.
• Adding box that eligible employers must check if employee’s I-9 form documentation was examined under DHS-authorized alternative procedure instead of physical examination.
• Reduced length of I-9 form instructions from 15 pages to eight and streamlining steps employer and employees need to take to complete their sections of the form (access Instructions here).

UEA attorneys are available to address Member's questions and concerns regarding the New I-9 Form and its use.

OED has also developed a wide variety of resources for employees and employers to use when planning for Paid Leave Oregon. The following resources are available on the Paid Leave Oregon website at https://paidleave.oregon.gov/resources/resources.html

• Model Notice Poster :  available for download and printing in 11 languages.
• Fact Sheets :   quick answers to questions about how Paid Leave Oregon works.
• Guidebooks :  detailed information about how Paid Leave Oregon works.
• Checklists :   detailed steps required for equivalent plans and applying for benefits.
• Forms :   detailed forms required for equivalent plans, applying for benefits, including verifications of birth and serious health condition, and grant applications.
• Additional Resources, Videos, and FAQ’s

OED has also developed resources for employees, which are available at the following web address:  https://paidleave.oregon.gov/employees/employee-toolkit.html

• Benefits Calculator :  provides an estimate of how much employees will be paid while on leave.
• Eligibility Quiz:   by taking a short quiz, employees can find out if they are eligible for Paid Leave Oregon.
• What You Need to Apply for Benefits Checklist :  helpful checklist to prepare employees to apply for Paid Leave benefits.
• Apply for Benefits in Frances Online Video

The term qualified employee or applicant under the PWFA is different than the meaning of the term under the ADA. Under the PWFA, an employee or applicant is qualified if the employee or applicant can perform the essential functions of the position, with or without reasonable accommodation, except an employee or applicant is still considered qualified under the PWFA if:

• Any inability to perform an essential function is for a temporary period;
• The essential function could be performed in the near future; and
• The inability to perform the essential function can be reasonably accommodated.

Under the PWFA, reasonable accommodations are changes to the work environment or the way things are usually done at work. Examples of possible reasonable accommodations that might assist employees or applicants with known limitations related to pregnancy, childbirth, or related medical conditions including, but are not limited to:

• The ability to sit or drink water;
• Receive closer parking;
• Have flexible hours;
• Receive appropriately sized uniforms and safety apparel;
• Receive additional break time to use the bathroom, eat, and rest;
• Take leave or time off to recover from childbirth; and
• Be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.
  

Employers are required to provide these types of reasonable accommodations and any others that assist the employe or applicant, unless they would cause an undue hardship on the employer’s operations. An undue hardship is a significant difficulty or expense for the employer and is typically very difficult for an employer to establish.

The PWFA places a number of restrictions on how covered employers can treat employees or applicants with known limitations related to pregnancy, childbirth, or related medical conditions. Under the PWFA, covered employers cannot:

• Require an employee or applicant to accept an accommodation without a discussion about the accommodation between the employee or applicant and the employer (i.e., engaging in the interactive process);
• Deny a job or other employment opportunities to a qualified employee or applicant based on the person's need for a reasonable accommodation;
• Require an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working;
• Retaliate against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding, such as an investigation; or
• Interfere with any individual’s rights under the PWFA.
  

The PWFA applies only to accommodation. There are a number of other Federal laws, like the Pregnancy Discrimination Act, ADA (when there is a pregnancy-related disability), and FMLA (protected leave), that provide additional protections to employees and applicants who are affected by pregnancy, childbirth, or related medical conditions.

The U.S. Equal Employment Opportunity Commission (EEOC) has provided additional guidance to employers on the PWFA at the following website: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act

The EEOC is charged with issuing additional regulations required to assist employers in complying with the PWFA. Once these regulations are published, UEA will share them with member companies in a future Law Alert.

PUMP Act
Since 2010, the Affordable Care Act has required that employers with 50 or more employees must provide nursing mothers reasonable break time and location to express breastmilk after the birth of a child up to one year after childbirth.

The Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, which took effect on December 22, 2022, provides additional requirements employers need to take when providing time and space for breastfeeding parents.

The PUMP Act extends these rights to all breastfeeding employees for the first year of the baby’s life, including salaried exempt employees. Additionally, time spent expressing breastmilk must be considered hours worked if the employee is working while expressing breastmilk.

Employees must first notify the employer that they are not in compliance with the PUMP Act and provide their employer with 10 days to come into compliance before making a claim of liability.

Oregon Pregnancy and Nursing Laws
Oregon law protects pregnant employees and applicants and those experiencing health conditions related to pregnancy and childbirth, including nursing mothers for 18 months after the child’s birth, from discrimination, retaliation, and requires employers to provide reasonable accommodation, unless the employer can demonstrate that the reasonable accommodation causes an undue hardship.

All Oregon employers with six or more employees are covered under these laws with no waiting period prior to becoming eligible for these protections.

Reasonable accommodations for pregnant employees and applicants are not specifically limited, but may include:

• Acquisition or modification of equipment or devices;
• More frequent or longer break periods or periodic rest;
• Access to leave;
• Assistance with manual labor; or
• Modification of work schedules or job assignments.

It is also illegal to require an applicant or worker to accept a reasonable accommodation that is unnecessary to perform the essential functions of the job or to accept an accommodation if the applicant or worker does not have a known limitation, or to require a worker to take family leave, or any other leave, if the employer can make reasonable accommodation to the known limitations.

Employers must post signs in a conspicuous and accessible location informing employees of these rights under these laws. This link contains the model notice. In addition to posting, employers will need to provide a written copy of the notice to:

• New employees;
• Existing employees; and
• Any employee who informs the employer of the employee’s pregnancy, within 10 days.

Employers with 10 or fewer employees can apply for an exemption to providing lactation accommodation from the Oregon Bureau of Labor and Industries (BOLI) because of undue hardship to their business.

Washington Pregnancy and Nursing Laws
Washington’s workplace pregnancy accommodation law provides protections for employees and applicants who have health conditions related to pregnancy or childbirth, including nursing mothers for two years after the child’s birth, from discrimination and retaliation.

This law covers employers with 15 or more employees. Employers must make reasonable accommodation for work restrictions from an employee’s physician related to pregnancy and childbirth, unless the employer can demonstrate that the reasonable accommodation causes an undue hardship.

Employers must provide the following accommodations for a pregnant employee if they request:

• Frequent, longer, or additional restroom breaks;
• Modified food or drink policies;
• The ability to sit more frequently;
• Not to lift objects over 17 pounds; and
• The need to express breast milk.

Employers cannot request a doctor’s note for these accommodations.

Employers can request documentation from an employee’s health care provider outlining the need for accommodation when you request involves:

• Job restructuring, including:
  • Schedule changes such as part-time or modified work schedules
  • Job reassignments
  • Providing or modifying equipment or devices
  • Changes to your workstation
• Scheduling flexibility for prenatal visits;
• A temporary transfer to a less strenuous or less hazardous position; and
• Any further accommodation needed by the employee.

UEA attorneys are available to address your continued questions and concerns regarding compliance with these Pregnancy related laws.

• To view a copy of the FLSA notice, please click here.

In addition, two non-mandatory updates have been made to the Family and Medical Leave Act (FMLA) poster and to the Employee Polygraph Protection Act (EPPA) containing minor formatting changes. No posting is required; however, we have also provided PDFs below to download or print as desired.

• To view a copy of the FMLA notice, please click here.
• To view a copy of the EPPA notice, please click here.

Don’t forget UEA has labor law poster options to help your company remain in compliance - read more on our website's poster page or reach out to the UEA team with any questions.

Posting for jobs outside Washington that can be performed by employees remotely in Washington are included. Furthermore, employers cannot bypass these requirements by indicating “Washington residents need not apply” on their job postings given that would be a violation of the Act.

Job postings that are not for a specific job or do not list job qualifications do not need to include wage scale or salary range or a general description of benefits and other compensation. For example, posting a help wanted advertisement or a posting stating, “Hiring for Manufacturing position” are not specific postings and do not list job qualifications, so those postings would not need to include the wage scale or salary range or a general description of benefits and other compensation.

The job posting’s wage scale or salary range should be an accurate reflection of the compensation for the position and include the lowest and the highest pay established by the employer. If the employer does not have a wage scale or salary range for the position, one must be created prior to posting the job. If the position is commission based or paid via a piece-meal rate, the range of the commission or piece-meal rate must be included on the posting.

The “general description of benefits” must include a listing of the general categories of benefits included with the position, for example, medical, dental, vision, and insurance benefits, retirement benefits, and paid time off, holiday, and sick leave benefits (including number of hours/days provided) at hire.

The job posting must also include “other types of compensation,” that the position offers, such as signing bonuses, discretionary bonuses, or stock options. Only a general description of each type of compensation is necessary in the job posting, not a specific dollar amount.

For electronic postings, employers may include the general description of benefits and other types of compensation information via a hyperlink, rather than including it in the original job posting.

Violations of the Act may result in a Washington Department of Labor & Industries (DLI) complaint and/or a private lawsuit. The employer could be liable for the greater of actual or statutory damages ($5,000), interest, and attorney fees. Additionally, DLI may impose civil penalties to be paid to DLI, ranging from $500 for the first violation up to the greater of $1,000 or 10% of the employee’s damages.

More information is available regarding these changes at the following websites:

• https://app.leg.wa.gov/RCW/default.aspx?cite=49.58.110
• https://lni.wa.gov/workers-rights/_docs/ese1.pdf

UEA attorneys are available to address any questions members may have regarding the changes to Washington’s Equal Pay and Opportunities Act. Email us at employerhelpline@unitedemployers.org or call (503) 595-2095.

• Equivalent Plan Guidebook - https://paidleave.oregon.gov/Documents/Paid-Leave-Oregon-Equivalent-Plan-Guidebook-EN-September-2022.pdf
• Equivalent Plan Application - https://paidleave.oregon.gov/employers/pages/equivalent-plan.aspx
• Declaration of Intent Form - https://paidleave.oregon.gov/DocumentsForms/Paid-Leave-Declaration-Intent-Printable-EN.pdf

• Exclusively work remotely,
• Customarily receive information from the employer via electronic means, and
• Have readily available access to the electronic posting at all times. Employees (and applicants if required) must be capable of accessing the electronic posting without having to specifically request permission to view a file or access a computer.

This means employers with hybrid workforces must post hard copies of notices at their facilities, as well as provide notices electronically for remote employees. In addition, simply emailing many labor law notices to remote employees will not comply with the guidance, instead they should be posted via a website link or shared network drive that employees have readily available access to.

Remote employees must be notified where notices are stored and be able to easily determine which electronic posting is applicable to them and their worksite. The guidance specifically states, “if the employer has not taken steps to inform employees of where and how to access the notice electronically, WHD will not consider the employer to have complied with the posting requirement.”

Which Notices Require Continual Posting?
Posting requirements for the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Employee Polygraph Protection Act (EPPA) require continuous posting.

• FMLA Notices apply to employers with 50 or more employees and must also be displayed for applicants. Where the employer's workforce is comprised of a significant portion of workers who are not literate in English, the employer is also required to provide the notice in a language in which the employees are literate.
• The FMLA and EPPA notices must be available for both employees and applicants, which means that employers with fully remote hiring practices should provide this notice as a link or text on their job posting site.
  Posting requirements for the Service Contract Act (SCA) apply to certain contractors and subcontractors and may be delivered to each employee or posted in a prominent and accessible place at the worksite. This notice may be distributed to remote workers via email delivery but only if the employee customarily receives information from the employer electronically.

Which States’ Notices Should I Provide?
If you have remote employees working in different states, it’s not always obvious which state laws apply. The laws where an employee works, not lives, typically govern basic employment rights, such as minimum wage, overtime, and safety issues but be aware that your remote employees may be covered by the laws at your primary location and the laws of the state where they work.

Oregon allows employer to provide required posters on an individual basis in a physical or electronic format that is reasonably conspicuous and accessible. The requirements listed in the DOL WHD guidance will meet the obligations in Oregon.

Washington allows employers to provide electronic links to the required posters in addition to posting the actual posters in the workplace. For example, if your business has an internal web page, you could include a link to the workplace posters as an additional resource. The requirements listed in the DOL WHD guidance will meet the obligations in Washington.

Practical Procedures for Meeting Posting Requirements
Because the posting requirements for federal agencies such as the DOL and OSHA vary, it may be most practical to post all required postings for remote workers via a website link or on a shared network drive. Employers should establish an easy-to-access location for these notices of statutory rights and inform workers where to find them. Just as you update your physical labor law posters for onsite workers, make sure you communicate any mandatory updates and save current versions of notices on your electronic posting site.

If you have employees working in multiple states, it may be best to provide multiple sets of state-specific postings to remote workers to ensure you are meeting your posting requirements. Employers need to ensure that all employees, regardless of where they work, know which federal and state specific postings apply to them.

Members with questions about their specific posting requirements can reach out to the UEA team on our Employer Helpline by calling (503) 595-2071 or employerhelpline@unitedemployers.org.