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. Collective Bargaining Agreements 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, veteran or military status, disability, or use of a service animal by a person with a disability HIV, AIDS, or Hepatitis C status, disability. In 2023, the City of Seattle also added “caste” to the list of protected statuses. 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 prohibit 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.
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.
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
Federal and state law afford 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 and the Washington state unemployment program. 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 must also offer 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
Under federal law, employees may strike, subject to certain restrictions. There are limitations on the right of some public employees (e.g. teachers) to strike.
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.