2025 Personnel Legislation Round-Up

Earlier this summer, MRSC published 2025 Revisions to Washington Paid Family Medical Leave, Paid Sick Leave, and More, which covered important changes to Washington leave laws, as well as 2025 New Legislation Impacting Employment-Related Public Records which provided an overview of changes related to employee access to employment records. In addition, the legislature passed a number of other bills that impact personnel/employment issues applicable to local governments.

This blog will provide a brief overview of the more significant personnel- or employment-related bills from 2025. Agencies should consult with their attorneys for a more detailed review of the legislation covered and how to comply with any new requirements.

SB 5217: Expanded Protections for Pregnant and Post-Partum Employees

Starting January 1, 2027, SB 5217 extends pregnancy and post-partum workplace accommodation requirements to all employers, regardless of size. The current pregnancy accommodation requirements only apply to employers with 15 or more employees (see RCW 43.10.005).

The law defines what is considered a “reasonable accommodation,” including that employers must allow for more frequent, longer, or more flexible restroom breaks, modify no food/drink policies as needed, and provide paid break time and a location for an employee to express breast milk for two years after a child’s birth.

Failure to provide reasonable accommodations is considered an unfair work practice, unless the employer can demonstrate that providing the reasonable accommodation would impose an undue hardship. Under the new provisions, the Washington State Department of Labor and Industries (L&I) will be responsible for investigating complaints and will have authority to issue temporary restraining orders and civil infractions for violations.

The new law is codified at Chapter 49.92 RCW. The current pregnancy-related accommodation law at RCW 43.10.005 will be repealed upon the effective date of the new law in 2027.

SB 5408: Modification of Wage and Hour Disclosure Requirements

Effective July 27, 2025, SB 5408 amended the Equal Pay and Opportunities Act (EPOA) to provide additional details and flexibility around wage and salary disclosure requirements for employers. The amendments include:

• Allowing employers to list a fixed pay amount (instead of a range) when only one amount is offered.
• Exempting job postings from requirements that are republished without an employer’s consent.
• Giving employers five business days to correct a non-compliant job posting after receiving written notice of a violation. If an employer corrects a non-compliant posting within that time, they may not be penalized for the violation.
• Authorizing L&I to investigate complaints and to issue citations and impose statutory damages of $100 to $5,000 per violation, as well as assess civil penalties and provide injunctive relief.
• Giving job applicants and employees an opportunity to bring a civil action within three years of alleged violation.

The EPOA is codified at RCW 49.58.110 and applies to employers with 15 employees or more. For more information on the EPOA, see our 2023 blog, New Legal Requirements for Job Postings.

SB 5104: Coercion Related to Employee’s Immigration Status

SB 5104 prohibits an employer from making threats regarding an employee's immigration status or their family member's immigration status in an attempt to deter the employee from engaging in protected activities or exercising their rights under certain labor and employment laws. L&I has authority to investigate complaints and enforce the new provisions, which are codified at RCW 49.46.370.

HB 1747: Amending the Washington Fair Chance Act (Applicant’s Criminal History)

HB 1747 changes the circumstances under which an employer may obtain information about and make employment decisions based on an applicant's criminal history record under the Washington Fair Chance Act (WFCA). The effective date of the changes is July 1, 2026, for employers of 15 or more employees, and January 1, 2027, for employers of fewer than 15 employees.

Under the new provisions, employers may not ask about criminal history until after making a conditional job offer. The law currently allows an inquiry after the employer determines that an applicant is otherwise qualified. An employer also cannot implement blanket exclusions based on criminal records and must document a legitimate business reason for any adverse employment decision.

Employers must provide notice to an applicant that they are considering certain criminal records and provide the applicant an opportunity to respond. An employer must weigh and document factors such as offense severity, time passed, and rehabilitation in assessing whether an adverse decision will be made based on the applicant’s criminal history. The amended law adds a provision that arrest (without conviction), or juvenile records may not be considered by an employer.

The bill also adds additional details about enforcement options for the state’s Office of the Attorney General.

The WFCA is codified within Chapter 49.94 RCW. For information on the current law (effective until June 30, 2026, or December 31, 2026, depending on employer size) and exclusions for certain employers, see our Hiring Procedures webpage.

SB 5501: Cannot Require Driver’s License as Condition of Employment

SB 5501 prohibits employers from requiring a driver's license as a condition of employment or stating that a job applicant must have a driver's license in a job posting unless driving is an essential job function or there is another legitimate business purpose for requiring a driver’s license.

This prohibition became effective on July 25, 2025, and is codified at RCW 49.58.120. L&I has enforcement authority.

SB 5224: Amended Background Check Requirements for Peace and Corrections Officers

SB 5224 relates to officer certification and commissions, amending certain provisions related to background checks. Among other things, SB 5224:

• Adds definitions for “certified” and “commissioned” and modifies other definitions.
• Requires specified peace officers and corrections officers to undergo a background investigation when moving to a different Washington law enforcement or corrections agency or moving between a peace officer and corrections officer position within the same agency.

The definitional changes are at RCW 43.101.010, and the additional requirements for background investigations are at RCW 43.101.095.

HB 1879 – Meal and Rest Breaks for Health Care Workers

HB 1879 impacts public hospital districts (PHD) by allowing a PHD employer and employee to mutually agree, in writing, to waive a meal or rest period and the timing of those periods, subject to certain conditions. The changes are codified at RCW 49.12.480.

HB 1172 – Authorizing Dissolution of Civil Service System for Fire Protection Districts

This bill impacts fire protection districts (FPD) operating pursuant to Title 52 RCW. HB 1172 allows an FPD that has adopted civil service in its fire department to dissolve its civil service system if the commissioners pass a resolution and a majority of the civil service employees vote to dissolve the civil service system. Changes are codified at RCW 52.30.040.

Fingerprinting and Background Checks

The following bills are intended to protect vulnerable populations by boosting fingerprinting and background check requirements for individuals applying to work in certain positions:

• HB 1385 directs the Washington State Patrol (WSP) to implement the National Crime Prevention and Privacy Compact on the state’s behalf. Under this law, qualified entities are authorized to conduct fingerprint-based state and national criminal history checks for applicants — including employees, volunteers, or contractors — who provide care for children, the elderly (60+), or individuals with disabilities. See RCW 43.43.8325 and RCW 43.43.830.
• HB 1490 strengthens and clarifies the requirements for fingerprint-based background checks for individuals applying for positions that involve working with vulnerable populations, such as children, elderly, or individuals with disabilities. See RCW 43.43.837.
• HB 1395 streamlines the home care worker background check process by modifying regulations for screening long-term care providers who may work with vulnerable adults or children. See RCW 43.20A.715 and RCW 74.39A.056.