Argentina  How to Hire & Fire: A Global Guide  USA - Washington

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1

GENERAL PRINCIPLES

Forums For Adjudicating Employment Disputes

Employment disputes can be brought in state court or federal court. To bring certain claims under federal law, an employee must first file a complaint with a federal employment or labour agency, such as the Equal Employment Opportunity Commission. There is no requirement that state claims be brought before a state or local government agency before a lawsuit is filed, although many employees choose to do so. Such agencies include the Washington State Human Rights Commission and the Seattle Office of Civil Rights. 

Employees and employers may agree to have employment disputes adjudicated in private arbitration. Arbitration agreements may be unenforceable, however, if they contain provisions that reduce the time in which an employee may bring a claim under a statute, impose prohibitive arbitration costs on an employee, reduce or eliminate categories of damages an employee could otherwise recover, designate a venue outside of the state, and/or shift attorneys’ fees and costs in a manner inconsistent with Washington statutes. Recent federal legislation has likewise rendered unenforceable arbitration agreements that would require employees to arbitrate claims of sexual harassment and/or assault. Mandatory confidentiality provisions in arbitration agreements are also generally deemed unconscionable by Washington courts.


The Main Sources Of Employment Law

The main sources of employment law are federal and Washington state statutes, regulations, agency interpretations, and judicial interpretations. State employment statutes include the Washington Minimum Wage Act, RCW 49.46 et seq., RCW 49.48 et seq. and RCW 49.52 et seq., the Washington Industrial Welfare Act, RCW 49.12 et seq., the Washington Industrial Insurance Act, RCW Chapter 51, and the Washington Law Against Discrimination, RCW 49.60 et seq.

Additional restrictions on employment conditions can be created by agreement between employers and employees, or by Collective Bargaining Agreements (CBAs) between labour unions and employers. Employee handbooks can sometimes create binding agreements between employers and employees.


National Law And Employees Working For Foreign Companies

Federal and Washington state law will apply to all people who work in Washington State, regardless of the employer or employee’s nationality.


National Law And Employees Of National Companies Working In Another Jurisdiction

Federal law applies to all employees working in the United States (U.S.). In some circumstances, U.S. federal law applies to non-national employees of U.S.-based companies. Washington state law typically does not apply to employees working outside of Washington for companies based in Washington state, unless the employer and employee agree otherwise. Some Washington laws do have extra-territorial effect, such as Washington’s pay transparency law, which applies even to those employers without a physical presence in Washington, provided those same employers have at least one employee who is Washington based.


Data privacy

Washington employers may monitor employees with cameras or videos in public work areas. Employers may also monitor an employee’s work computer and email. It is best practice to inform employees of workplace monitoring in advance, and it may be a mandatory subject of bargaining if the workforce is unionised/represented. Additionally, such monitoring and surveillance may run afoul of employees’ rights under the National Labor Relations Act. Consult labour counsel with these issues.

Employers may not record private communications without the prior consent of the employee. Likewise, employers cannot request or require that an employee or job applicant provide them with their social media login information or grant them access to social media accounts. However, employers may require employees to share content from their social media accounts in some circumstances if it is part of an investigation.

Employers are also prohibited from requiring employees or applicants to add persons to the list of contacts associated with their personal social networking accounts or alter privacy settings to enable the employer to view the accounts. An employer may not retaliate against employees or applicants for refusing to comply with these prohibited requests/practices.

2

HIRING THE EMPLOYEE

Legal Requirements As To The Form Of Agreement

There is no requirement that an employee be subject to a written employment agreement. Absent an agreement that states otherwise, employment in Washington State is “at-will,” which means that either party may end the employment relationship at any time, for any reason, with or without cause or notice. For employers and employees who choose to enter into an employment agreement, there are no requirements as to the form of such an agreement, other than common-law contract principles, including offer, acceptance, and consideration.


Mandatory Requirements
  • Trial Period

    • Employers are not required to provide employees with a trial or probationary period, although they may do so.

  • Hours Of Work

    • There are no restrictions on the number of hours per day or per week that an employee can be required to work. However, there are restrictions on workers under the age of 18, as well as on certain occupations (e.g. nursing and truck driving). Employees who are not exempt from federal or state wage laws must be paid overtime for any time worked in excess of 40 hours in a workweek.

  • Special Rules For Part-time Work

    • There are no special rules in Washington with regard to part-time work.

  • Earnings

    • As of 1 January 2026, Washington State’s minimum wage will be $17.13 per hour. The minimum wage is automatically adjusted each year to correspond with inflation. Workers who are 14 or 15 years old may be paid 85% of the adult minimum wage, or $14.56. There are additional “living wage” and local government minimum wage requirements in certain Washington cities, including Seattle ($21.30 per hour) and SeaTac ($20.74 per hour). 

  • Holidays/Rest Periods

    • Employers are not required to provide employees with paid holidays. Employers are required by Washington law to provide non-exempt employees with mandatory paid rest and meal breaks. Employees must be allowed a paid rest break, free from duties, of at least 10 minutes for every 4 hours worked. Employees working shifts longer than five hours must take a 30-minute meal break, which can be unpaid. Employees can waive their meal period requirement by mutual agreement, preferably in writing. Rest breaks cannot be waived.

  • Minimum/Maximum Age

    • The minimum age for workers is 14, with limited exceptions. There are restrictions on the hours and types of work for workers under the age of 18, and additional restrictions on the hours and types of work for workers under the age of 16. There is no maximum age for workers.

  • Illness/Disability

    • Paid Sick Leave:

    • Washington law requires employers to provide non-exempt employees with one hour of paid sick leave for every 40 hours worked, regardless of full-time, part-time, temporary, or seasonal status. Sick leave may be used for a variety of purposes, including the employee’s own health condition, to care for a sick family member, domestic violence issues, and school/workplace closures due to health reasons. As of July 27, 2025, employees are also able to use sick leave to prepare for or participate in any judicial or administrative immigration proceeding involving either the employee or their family member.
    • Employees must be permitted to carry over their accrued, unused paid sick leave balances of 40 hours or less from one accrual year to the next. There is no requirement to cash out unused sick leave upon separation except for employees who work for an employer that performs commercial construction-related work (as described in NAICS 23), including admin staff of such employers, who have worked less than 90 days for their current employer.
    • Local Ordinances: Certain Washington cities, including Seattle and Tacoma, have passed more generous sick leave laws. For example, Seattle’s Paid Sick and Safe Time Ordinance requires employers within the City of Seattle to provide paid sick leave or other paid time off for qualifying events. In many respects, this ordinance mirrors the State program for paid sick leave. However, among other differences, the Seattle program is more generous to employees at large employers, both in terms of accrual and annual carry-over of unused time.

    Paid Family Medical Leave (PFML):

    • PFML is a mandatory state-wide insurance program that provides qualifying Washington employees with state benefits for time off to give or receive care. These benefits are funded in part by premiums deducted from employees’ wages and are administered by the Employment Security Department (ESD). Eligible employees may receive (i) up to 12 weeks of medical leave; (ii) up to 12 weeks of family leave; or (iii) up to 16 weeks of combined family and medical leave in a 52-week period for the following reasons – i.e. for medical leave (including prenatal medical care or childbirth) or family leave.
    • An additional two (2) weeks may be available for serious health conditions relating to pregnancy. Employees may apply for PFML through ESD. Although ESD runs the PFML program, employers are required to provide employees with notice of it.

    Disability:

    Employees with qualifying disabilities are entitled to reasonable workplace accommodations and/or job-protected paid or unpaid leave under federal and state law, including the Family Medical Leave Act and the Washington Law Against Discrimination. 

    Local Ordinances:

    Seattle’s Paid Sick and Safe Time Ordinance requires employers within the City of Seattle to provide paid sick leave or other paid time off for qualifying events. In many respects, this ordinance mirrors the State program for paid sick leave. However, among other differences, the Seattle program is more generous to employees at large employers, both in terms of accrual and annual carry-over of unused time.

  • Location Of Work/Mobility

    • Washington law places no restrictions on a worker’s mobility. Under some circumstances, employers must pay employees for their travel time, including time spent going to and from different work sites. Notable, Washington law requires payment for out-of-town travel time for non-exempt employees, which includes time spent traveling to/from the airport, time at the airport and time spent in flight, whereas federal law under the FLSA only requires payment for travel that occurs during an employee’s normal working hours.

  • Pension Plans

    • Pension plans are not required in Washington. If an employer has a pension or retirement plan, it is governed by federal law.

  • Parental Rights (Pregnancy/ Maternity/ Paternity/ Adoption)

    • Employers may not discriminate against pregnant employees. Federal and state law afford employees certain types of leave for pregnancy and parental-related absences, including Washington PFML and paid sick leave (described above in the Illness/Disability section). Additionally, the Washington Family Care Act allows employees to take any paid leave offered by their employer to provide treatment or supervision for a child with a health condition.

    Pregnant employees are also entitled to reasonable workplace accommodations. This includes frequent, longer, or additional rest breaks, modified food or drink policies, the ability to sit more frequently, and exemptions from lifting requirements, without an exception for when it may pose a hardship. Additional reasonable accommodations may be required if they would not pose an undue burden on the business.

    For a period of up to two (2) years after childbirth, employers must provide lactating employees with a reasonable break time and a suitable room to express breast milk for a nursing child. As of January 1, 2027, these breaks will be paid, and employees will be required to be paid travel time to access lactation stations/locations, in addition to their regular meal and rest breaks.

  • Compulsory Terms

    • There are no specific terms that must be included in an employment agreement.  However, Washington courts are generally reluctant to enforce agreements involving Washington-based employees if they contain an out-of-state choice of law provision. Additionally, RCW 49.62 renders unenforceable choice of law provisions that would result in an employee being denied the protections of Washington’s noncompete rules. 

  • Non-Compulsory Terms

    • Generally, employers and employees may agree to any terms or conditions of employment, provided that the terms do not violate other laws or public policy. Employment agreements may not, for example, require an employee to forego the right to pursue legal relief as a condition of employment.


Types Of Agreement

Employment in Washington State is “at-will” employment unless the employer and employee agree otherwise. “At-will” employment means that the employee is employed for an indefinite period of time and that the employer or employee may terminate the employment relationship at any time with or without cause and without prior notice, subject to state and federal discrimination laws. An employer and employee may enter into an oral or written employment agreement. Employment agreements may, under certain circumstances, be implied by actions an employer takes or by policies or written promises that employer makes in offer letters, a policy manual or employee handbook.

Written or oral employment agreements can cover a variety of subjects including length of employment, cause for termination, signing bonuses, and bonus structure. Typically, such agreements are used for high-level executives. If the workplace is unionised, a CBA may also address cover certain workplace issues.


Secrecy/Confidentiality

Washington has adopted the Uniform Trade Secrets Act, which many states have adopted. Under Washington’s trade-secret statutes, employees must keep an employer’s trade secrets confidential during and after employment. In addition, employers and employees may enter into express agreements that create broader confidentiality obligations on employees.

An employer may not require an employee, as a condition of employment, to sign a nondisclosure agreement, waiver, or other document that prevents the employee from disclosing sexual harassment or sexual assault in the workplace.


Ownership of Inventions/Other Intellectual Property (IP) Rights

Generally speaking, federal law governs ownership of intellectual-property rights. Employers and employees may agree that employee inventions are owned by the employer, but such agreements must comply with state law, which limits the assignment to certain types of inventions and requires the employer to provide notice that the assignment does not apply to other types of inventions.


Pre-Employment Considerations

Washington’s Fair Chance Act prohibits employers from obtaining information about a job applicant’s criminal records until after the employer determines the applicant meets the minimum qualifications for the position. The Act also prohibits employers from advertising openings that exclude people with criminal records from applying. As of January 1, 2026, employers with 15 or more employees must wait until after making a conditional offer of employment to inquire about or consider criminal history, amongst other changes. These changes will apply to all employers as of January 1, 2027. Certain Washington cities, including Spokane and Seattle, have implemented similar laws with different requirements.


Hiring Non-Nationals

Employers may not discriminate against employees or applicants based on national origin. However, federal law requires employers to verify that employees are eligible to work in the U.S. Employers are subject to penalties for employing people who are not authorised to work in the U.S.


Hiring Specified Categories Of Individuals

Federal, state, and municipal discrimination laws prohibit an employer from discriminating against individuals based on a legally protected characteristic, including disability, HIV/AIDS/Hepatitis C status, race, colour, creed, national origin, sex, marital status, age (40+), sexual orientation, gender identity, veteran or military status, whistle-blower status, or use of a trained service animal. Local ordinances may prohibit discrimination based on additional characteristics. Washington law places some restrictions on the work that employees under the age of 18 or under the age of 16 can perform.


Outsourcing And/Or Sub-Contracting/Temporary Agency Work

Generally, Washington has no specific rules regarding outsourcing and/or sub-contracting employees. However, Washington does have special registration requirements for “Employment Agencies” which may include staffing companies, recruiters, leasing companies, etc.

3

MAINTAINING THE EMPLOYEE RELATIONSHIP

Changes To The Contract

If employment is “at-will”, the employer may change the terms and conditions of employment on a prospective basis. Certain changes to the employment relationship may require additional consideration beyond continued employment, such as the implementation of an arbitration agreement for existing employees. If there is an oral, written, or implied employment contract (or a CBA between an employer and a labour union), the terms of that contract will govern whether and how changes to the contract may be made.


Change In Ownership Of The Business

There are no specific laws governing how the change in ownership of a business affects the employment relationship. Generally, the structure of the transaction and the agreements involved will determine whether there is a continuing employment relationship.


Social Security Contributions

Employers and employees must each make contributions to the federal social security program. The employer must withhold the employee’s contribution from the employee’s pay.


Accidents At Work

Employers must provide employees with a safe workplace. Employers must also participate in the Washington state workers’ compensation program, either by making payments to the state workers’ compensation administrative agency or by self-insuring for workplace injuries. Both the standard worker’s compensation account and self-insurance are administered through the state. If an employee is injured, the employer must complete documentation provided by the Department of Labour & Industries (L&I) or its private insurer and look for opportunities for the employee to return to work (e.g. light duty), if medically approved.


Discipline And Grievance

There are no specific federal or state laws governing a private employer’s ability to implement employee discipline or grievance policies. CBAs between labour unions and employers may also address these issues. Employees with employment contracts defining “cause” for discipline or termination will also have specific contractual rights.


Harassment/Discrimination/Equal pay

Harassment/Discrimination:

Federal, state, and municipal laws prohibit discrimination and harassment based on protected characteristics such as race (including traits historically associated with race, including, but not limited to hair texture and protective hairstyles such as afros, braids, locks, and twists), creed, colour, sex (including pregnancy), religion, age, sexual orientation, gender identity or expression, marital status, national origin, citizenship or immigration status, veteran or military status, disability, or use of a service animal by a person with a disability, HIV, AIDS, and Hepatitis C status. The City of Seattle also includes caste, and political ideology. Discrimination is prohibited in all aspects of employment, including job postings, interviewing, hiring, terms and conditions of employment, and termination of employment.

Federal and Washington state law also prohibits employers from retaliating against employees who report discrimination or harassment or participate in an investigation into such complaints, or who make use of sick time or other protected leaves.

Workplace Accommodations:

Employees may be entitled to reasonable accommodations in the workplace based on disability, pregnancy, and religion. A reasonable accommodation is a modification of the workplace that allows the employee to work at the same level as other employees who do not need the accommodation, and which does not place an undue burden on the employer. Washington law also recognizes certain accommodations that pregnant workers must be entitled to without an exception for hardship or a requirement of medical certification including: 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. As of January 1, 2027, there will also be additional postpartum accommodations requirements, including scheduling flexibility for postpartum-related medical appointments, and paid lactation breaks for nursing employees.

Equal Pay:

Gender cannot be a reason for pay differences between employees with similar jobs. Determining if employees have similar jobs is based on skill, effort, and responsibility, not based on job titles. Differences in pay for similar jobs may be acceptable only in certain circumstances (e.g. seniority, differences in education and training, work performance). Employers are prohibited from inquiring as to a candidate’s salary history. Most employers are also required to post a wage or salary range and list other forms of compensation and benefits in all job postings in the State. As of July 27, 2025, the Washington Equal Pay Act also prohibits differences in pay based on other categories, including sex, marital status, sexual orientation, race, creed, color, age (over 40), national origin, citizenship or immigration status, disability, and veteran status.

Employees also have the protected right to discuss their wages and have the right to access certain wage and salary information.


Compulsory Training Obligations

Washington law does not impose compulsory training obligations on employers. However, employers who provide training for employees, supervisors, and managers regarding discrimination and harassment may reduce the risk of liability for discrimination and harassment.


Offsetting Earnings

Employers may only offset earnings or make deductions from employees’ earnings for specific reasons authorised by federal or Washington state statute.


Payments For Maternity And Disability Leave

Washington law affords employees certain types of maternity and/or disability leave, including Washington PFML and paid sick leave (described above in the Illness/Disability section). Additionally, the Washington Family Care Act allows employees to take any paid leave offered by their employer to provide treatment or supervision for a child with a health condition. In addition, Washington’s Law Against Discrimination entitles a worker who has a pregnancy-related disabling condition with as much unpaid leave as reasonably necessary as determined by the employee’s health care provider, which is referred to as “Pregnancy Disability Leave.”

Employees with a qualifying disability may also be entitled to other types of paid or unpaid leave.


Compulsory Insurance

Employers must participate in the Washington state workers’ compensation program, the Washington state unemployment program, and Washington Paid Family Medical Leave Insurance (PFML). Depending on an employer’s size, they may also have insurance obligations under the Affordable Care Act.


Absence For Military Or Public Service Duties

Military Service and Military Spouse leave:

  • Individuals who voluntarily or involuntarily vacate employment in order to serve state active duty are eligible to be reemployed provided that certain conditions are met.
  • An employee whose spouse has received an impending call to active duty during a period of military conflict may take up to 15 days of job-protected leave from work. 

Jury Duty:

Employers must allow employees to take a leave of absence while they are serving as jurors. The leave does not need to be paid.

Leave for Certain Volunteer Emergency Services Personnel.

Employers with at least 20 full-time equivalent employees in the current or prior year must provide unpaid leave to employees who are volunteer firefighters, reserve officers, or civil air patrol members who may be called to a fire alarm, emergency call, or emergency operation. 


Works Councils or Trade Unions

Under federal law, employees may organise or choose to be represented by a labour union. Union activity is governed by federal law.


Employees’ Right To Strike

Federal law generally prohibits employers from terminating employees who are on strike. An employer’s obligation to reinstate workers whose positions have been filled is subject to certain restrictions under federal law. Effective January 1, 2026, striking or locked-out workers may be eligible for unemployment benefits for up to six weeks.


Employees On Strike

Federal law generally prohibits employers from terminating employees who are on strike. An employer’s obligation to reinstate workers whose positions have been filled is subject to certain restrictions under federal law.


Employers’ Responsibility For Actions Of Their Employees

Employers are typically responsible for the conduct of employees who were acting within the scope of employment.

4

FIRING THE EMPLOYEE

Procedures For Terminating the Agreement

There are no specific laws governing the termination of employment agreements unless the employment agreement or CBA includes such limitations.


Instant Dismissal

If an employee is employed “at-will”, then the employer may dismiss the employee at any time without notice or cause, subject to discrimination and retaliation laws.


Employee's Resignation

An “at-will” employee may resign at any time, with or without notice.


Termination On Notice

An employee is not required to provide an employer with notice of termination unless they are subject to an employment agreement or CBA that states otherwise.


Termination By Reason Of The Employee's Age

Federal and state law forbid age discrimination against people who are age 40 or older. With limited exceptions, employers may not dismiss, refuse to hire, or deny an employee assignments and promotions because of the employee’s age. It is also unlawful to harass an employee because of that person’s age.


Automatic Termination In Cases Of Force Majeure

If the employment is “at-will”, the employer or employee may terminate regardless of the reason, including force majeure.


Collective Dismissals

The Worker Adjustment and Retraining Notification (WARN) Act requires companies planning a mass layoff to notify workers 60 days before the closure.  Companies must provide written notice to the Employment Security Department and to the chief elected official of the community where the layoff or closure will occur.

Notice is triggered when a covered employer closes a facility that will result in 50 or more employees being laid off during a 30-day period. Additionally, a covered employer must give notice if a layoff will result in a loss of 500 or more employees, or 50-499 employees if they make up at least 33% of the workforce. 

On July 27, 2025, Washington joined many other states that have their own “mini-WARN Act.” Consequently, employers considering layoffs in Washington State need to review both the federal WARN Act and Washington’s new mini-WARN Act to see if the layoff is covered, and if so, to ensure compliance with all requirements under either (or both) statutes. The Washington WARN Act applies to a private sector employer with 50 or more full-time Washington employees. A “mass layoff” occurs when 50 or more full-time employees lose their jobs in a 30-day period, regardless of what percentage of the workforce they represent.  Employees currently on Washington PFML cannot be included in the layoff.


Termination By Parties’ Agreement

If the employer and employee have an agreement, or if the employer and a labour union have a CBA, then termination must be done in accordance with the terms of the agreement or CBA.


Directors Or Other Senior Officers

There are no special rules for the termination of senior officers. Directors are not employees simply because they are directors. Therefore, if a director is dismissed as an employee, they will remain as a director unless they are removed in accordance with the provisions of the business entity’s bylaws.


Special Rules For Categories Of Employee

There are no special rules for terminating any particular category of employees.


Specific Rules For Companies in Financial Difficulties

In addition to complying with WARN Act requirements (described above in the Collective Dismissals section), companies experiencing financial difficulty must also comply with federal bankruptcy laws, which may require them to continue honouring employment agreements and/or continue voluntary employee benefits.


Restricting Future Activities

Only employees and independent contractors who earn more than legally established salary thresholds can be subject to noncompetition agreements/covenants (i.e. restrictions on their ability to work in a particular industry or with a type of employer within a defined geographic area for a period of time). In 2025, the salary threshold is $123,394.17 for employees and $308,485.43 for independent contractors. In 2026, the salary threshold will be $126,858.83 for employees and $317,147.09 for independent contractors. This threshold increases annually for inflation.

Washington’s noncompetition law, RCW 49.62 et seq., also imposes other restrictions on an employer’s ability to subject workers to noncompetition covenants. For example:

  • Restriction periods exceeding 18-months are presumed unreasonable and unenforceable absent clear and convincing evidence that they are necessary to protect the business. 
  • For laid off employees, noncompetes are void and enforceable unless the employer pays the base salary for the restriction period. 
  • The terms of the noncompete must be disclosed in writing no later than an employee’s initial oral or written acceptance of the job offer unless additional consideration is provided. 
  • The noncompete must be subject to Washington law and cannot require an employee to adjudicate the noncompete outside of Washington State.

Nonsolicitation Agreements (i.e. agreements that prohibit hiring of employees or contractors and/or solicitation of clients/customers for a period) are not subject to the same statutory limits outlined above but must be supported by sufficient consideration and have “reasonable” terms to be enforceable under Washington law. Washington law was amended effective June 6, 2024, to make clear that nonsolicitation agreements only include nonsolicitation of current clients/customers. A nonsolictation agreement that goes beyond that may be construed to be a noncompete agreement.


Whistleblower Laws

Federal and state law prohibit employers from terminating or otherwise discriminating against employees who engage in conduct protected by public policy. Examples of protected activity include reporting an employer’s illegal activity, reporting unlawful harassment or discrimination, and reporting conduct that is unethical or unsafe. Reporting need only be done in good faith, but employees who engage in whistleblowing need not be correct when reporting conduct believed to be illegal. Additionally, the Washington State Whistleblower Act protects state employees who report improper governmental action from discharge, demotion, reduction in pay, denial of employment, and suspension.


Special Rules For Garden Leave

If an employer wishes to enforce a noncompetition agreement pertaining to a laid off employee, the employer must pay the employee’s base salary for the restriction period (see Restricting Future Activities section for more information). This does not apply to employees who quit or are terminated for cause.


Severance Payments

There is no requirement under Washington state law to provide employees with severance payments. Employers may voluntarily pay severance to dismissed employees, or they may have a severance plan that applies to all employees. If an employer offers a severance pay-out, the employer may require that the employee sign a release. A release that relates to certain claims, including age discrimination claims under federal law, requires a notice and waiver period, along with specific statutory language.


Special Tax Provisions And Severance Payments

Severance payments are generally taxed in the same way as wages.


Allowances Payable To Employees After Termination

Absent a written agreement to the contrary, there is no requirement for employers to cash out accrued, unused sick leave or vacation leave upon separation. Employees who are dismissed may qualify for state unemployment benefits. Employers pay taxes for these unemployment benefits, and their tax rate may be increased based on a history of high unemployment claims.


Time Limits For Claims Following Termination

The time limits for claims following termination vary by the type of claim. For example, the time limit to bring claims before state agencies, such as Labour & Industries or the Human Rights Commission can be between one (1) and six (6) months. The time limit for claims brought in state or the federal court may be between two (2) years and four (4) years depending on the type of claim and whether or not the conduct is wilful. Discrimination claims under state law must be brought within three (3) years. Claims based on a written contract have a time limit of six (6) years.

5

GENERAL

Specific Matters Which Are Important Or Unique To This Jurisdiction

State-mandated Minimum Salary Requirements Exceed Federal Minimums:

  • In Washington, the minimum salary level that must be paid for an employee to be exempt as an Executive, Administrative, Professional, or salaried Computer Professional employees (EAPC exemptions, also known as the white-collar exemptions – each governed by specific duties tests as well) now exceeds the federal minimum level. Such employees are exempt from payment of overtime, state paid sick leave requirements, and other mandates that apply only to non-exempt employees.
  • Washington implemented a pay schedule with the goal of ensuring that the minimum pay a salaried worker must receive to be considered exempt would increase incrementally to 2.5 times the state minimum wage by 2028.
  • In 2025, to be EAPC exempt, an employee of an employer with 1-50 employees must earn at least $1,332.80 per week ($69,305.60 per year), and an employee of an employer with 51 or more employees must earn at least $1,499.40 per week ($77,968.80 per year).
  • In 2026, the minimum salary amounts will again differ based on employer size, with employers of 1-50 employees having an exempt threshold of twice the minimum, and employers of 51 or more employees having an exempt threshold of 2.25 times the minimum wage, based on a 40-hour week and annualized.
  • There is also a special minimum hourly rate for those that meet the Computer Professional exemption, which allows for hourly pay, instead of salary only. For 2025, those minimums increase to 3.5 times the minimum wage, which means at least $58.31 per hour, regardless of employer size. In 2026, the hourly rate will increase to $59.96.
  • Employers have the option to pay employees to qualify as exempt Computer Professional on an hourly basis or elect to pay the minimum salary listed above.

Marijuana: Medical and recreational marijuana is legal in Washington State. Nevertheless, an employer may prohibit marijuana use and it may conduct drug tests to ensure compliance with such a prohibition. However, employers are prohibited from conducting preemployment testing for off-the-job cannabis use or test results showing non-psychoactive cannabis metabolites in an applicant’s hair, blood, urine, or other bodily fluids; provided however there are limited exception for employers with contractual requirements for testing or where positions qualify as “safety sensitive.” Employees do not have a private cause of action if they are terminated based on marijuana use, nor does the law require employers to accommodate an employee’s off-site use of medical marijuana.
Driver Licenses: As of July 27, 2025, the Equal Pay & Opportunities Act (EPOA) was amended to make it unlawful for an employer to either (1) require a valid driver license as a condition of employment; or (2) include a statement in a posting for a job opening for the position that an applicant must have a valid driver license. There are limited exceptions to this prohibition, notably where driving is one of the essential job functions or the driver license requirement for that position is related to a legitimate business purpose.
Domestic Violence Leave and Safety Accommodations:

  • Washington state law provides for special leave for victims of domestic violence sexual assault, hate crimes, or stalking (also for family members).
  • Domestic violence leave is not limited by an employee’s available paid time off, although paid time off may be used for that purpose. It can also include reasonable amounts of unpaid leave. 
  • Victims of domestic violence, sexual assault, hate crimes, or stalking and their qualifying family members can request a reasonable safety accommodation at their place of work, such as a transfer, change in phone or email, or additional safety procedures, and an employer must provide them unless doing so would pose an undue hardship.

Discrimination Laws Applied to Religious Organisations: The Washington Law Against Discrimination excludes religious not-for-profit organisations from its definition of “employer”, which would seem to place those entities beyond that law’s reach. However, the Washington Supreme Court has ruled that the definition of “employer” may be unconstitutional as applied to secular positions within religious organisations.



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Disclaimer:

© 2026, Miller Nash LLP. All rights reserved by Miller Nash LLP as author and the owner of the copyright in this chapter. Miller Nash LLP has granted to Multilaw non-exclusive worldwide license to use and include this chapter in this guide and to sublicense Lexis Nexis, a division of RELX Inc. and its affiliates certain rights to use and distribute this Guide.

The information in the How to Hire and Fire Guide provides a general overview at the time of publication and is not intended to be a comprehensive review of all legal developments nor should it be taken as opinion or legal advice on the matters covered. It is for general information purposes only and readers should take legal advice from a Multilaw member firm.

Publication Date: 2026