Hiring New Employees in Washington State: A Legal Guide
Washington state employers must comply with specific state laws when hiring new employees, including higher minimum wage requirements, mandatory paid sick leave, and strict background check regulations. Understanding these Washington-specific employment laws is crucial to avoid potential legal issues and ensure compliance from the start of the employment relationship.
Washington has some of the most employee-friendly laws in the nation, with requirements that often exceed federal standards. Failure to comply with Washington's specific employment laws can result in significant penalties, back pay requirements, and potential lawsuits.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Documents
Employee Handbook
A comprehensive document outlining company policies, procedures, work rules, benefits, and expectations. Provides important information to new employees and serves as a reference for all staff.
Employment Application Form
A standardized form for collecting information from job applicants including work history, education, skills, and references. This helps employers make informed hiring decisions and serves as documentation of the hiring process.
Employment Contract
A comprehensive legal agreement between employer and employee detailing all terms and conditions of employment including duties, compensation, benefits, termination procedures, and confidentiality requirements.
Employment Offer Letter
A formal document outlining the terms of employment including position, salary, benefits, start date, and other conditions. This establishes clear expectations and serves as evidence of the employment agreement.
Non-Compete Agreement
A contract that restricts an employee from working for competitors or starting a competing business for a specified period after employment ends. Enforceability varies significantly by state.
Non-Disclosure Agreement
Protects your confidential information, trade secrets, and intellectual property that you may need to share with the manufacturer during the course of your relationship. This should be signed before detailed discussions begin.
Relevant Laws
Washington State Minimum Wage Act
Employers in Washington must pay employees at least the state minimum wage ($15.74 per hour in 2023, adjusted annually for inflation). This is higher than the federal minimum wage and applies to most employees regardless of how they are paid (hourly, salary, commission, etc.).
Washington Paid Sick Leave Law
Employers in Washington must provide paid sick leave to employees. Employees accrue at least 1 hour of paid sick leave for every 40 hours worked, and employers must allow employees to carry over at least 40 hours of unused sick leave to the following year.
Washington Paid Family and Medical Leave
Washington's Paid Family and Medical Leave program provides workers with paid time off when they need to care for themselves or a family member through illness or injury, bond with a new child, or spend time with a family member preparing for military deployment. Both employers and employees contribute to the program through payroll deductions.
Washington Fair Chance Act
Employers cannot ask about criminal history on job applications or inquire about criminal records until after determining if an applicant is otherwise qualified for the position. This 'ban-the-box' law aims to give people with criminal records a fair chance at employment.
Washington Equal Pay and Opportunities Act
Employers must provide equal compensation to similarly employed workers regardless of gender. The law also prohibits employers from requiring salary history from job applicants and requires employers to provide salary ranges in job postings for positions with 15 or more employees.
Washington State Employment Security Act
Employers must register with the Employment Security Department and pay unemployment insurance taxes. New employers must register within 90 days of hiring their first employee. This ensures employees can receive unemployment benefits if they lose their job through no fault of their own.
Washington Industrial Insurance Act (Workers' Compensation)
Most employers in Washington must provide workers' compensation coverage for employees. Unlike many states, Washington does not allow private workers' compensation insurance - employers must either purchase insurance through the state fund or qualify as a self-insurer.
Regional Variances
Western Washington
Seattle has additional employment requirements beyond state law, including a higher minimum wage ($18.85/hour as of 2024), Secure Scheduling Ordinance for retail and food service businesses, and paid sick and safe time ordinances that are more generous than state requirements. Employers must also comply with the Fair Chance Employment Ordinance limiting how criminal records can be used in hiring decisions.
King County has specific requirements for employers contracting with the county, including living wage provisions. The county also has its own Fair Employment Practices ordinance that may have additional protections beyond state law for county employees and contractors.
Eastern Washington
Spokane has enacted its own paid sick leave ordinance that may differ from state requirements in some aspects. The city also has specific business licensing requirements that employers must comply with when hiring new employees.
Statewide Considerations
Washington state has comprehensive employment laws including Paid Family and Medical Leave, paid sick leave requirements, ban-the-box legislation limiting criminal history inquiries, and one of the highest state minimum wages in the country ($16.28/hour as of 2024). Employers must also provide written notice of wages and benefits at the time of hire and comply with the Washington Law Against Discrimination which offers broader protections than federal law.
Tribal lands within Washington may have their own employment laws and regulations. Employers operating on tribal lands should consult with the specific tribal government about applicable employment requirements, as tribal sovereignty may affect which state and federal laws apply.
Suggested Compliance Checklist
Prepare job description and posting
1 days after startingCreate a clear job description that complies with Washington state anti-discrimination laws. Ensure the posting doesn't contain any language that could be considered discriminatory based on protected characteristics under Washington Law Against Discrimination (WLAD), which provides broader protections than federal law.
Create Employment Application Form
3 days after startingDevelop an application form that complies with Washington state laws. Avoid questions about criminal history (due to 'Ban the Box' laws), salary history (prohibited in some Washington localities), and other protected characteristics. Include an equal employment opportunity statement.
Conduct interviews and select candidate
14 days after startingWhen interviewing, ensure questions comply with Washington anti-discrimination laws. Avoid questions about protected characteristics including age, race, religion, disability, sexual orientation, gender identity, marital status, and veteran status. Document the objective reasons for your hiring decision.
Obtain Background Check Authorization
15 days after startingBefore conducting any background checks, obtain written authorization from the candidate. Washington follows the Fair Credit Reporting Act (FCRA) requirements and has additional protections. Ensure your background check process complies with Washington's Fair Chance Act which limits how criminal history information can be used.
Prepare Employment Offer Letter
16 days after startingDraft an offer letter that includes position details, compensation, benefits, start date, and employment relationship (at-will status). In Washington, be specific about paid sick leave accrual rates (minimum 1 hour per 40 hours worked) and other state-mandated benefits.
Draft Employment Contract
17 days after startingIf using a formal employment contract beyond an offer letter, ensure it complies with Washington state laws regarding wages, hours, and working conditions. Include clear terms about termination, non-disclosure provisions, and any restrictive covenants.
Prepare Non-Disclosure Agreement
18 days after startingIf applicable to the position, prepare an NDA that protects company confidential information. In Washington, NDAs must be reasonable in scope and duration. Overly broad NDAs may be deemed unenforceable.
Prepare Non-Compete Agreement
19 days after startingIf using a non-compete, ensure compliance with Washington's strict non-compete laws (RCW 49.62). Non-competes are only enforceable for employees earning more than $100,000 annually (adjusted for inflation), must be limited to 18 months, and must be disclosed in writing before employment begins. Consider whether a non-solicitation provision would be more appropriate.
Verify employment eligibility with Form I-9
21 days after startingFederal law requires completion of Form I-9 to verify identity and employment authorization. The employee must complete Section 1 by their first day of work. Employers must complete Section 2 within 3 business days of the employee's first day. Retain the form for the later of 3 years after hire date or 1 year after termination.
Collect Federal Tax Withholding Form W-4
21 days after startingHave the employee complete a W-4 form to determine federal income tax withholding. This must be completed before the first payroll is processed.
Collect Washington State Tax Withholding Form
21 days after startingWhile Washington has no state income tax, if your employee lives in a state with income tax (like Oregon or Idaho), you may need to collect state withholding forms for that state.
Set up Direct Deposit
21 days after startingIf offering direct deposit, collect the employee's banking information. In Washington, employers cannot require direct deposit unless the employer pays all associated fees.
Collect Emergency Contact Information
21 days after startingHave the employee provide emergency contact information. This is a best practice and may be required for workplace safety compliance.
Submit New Hire Reporting
25 days after startingReport new hire to the Washington State Department of Social and Health Services within 20 days of hire. This is required for child support enforcement purposes. Report online at https://www.dshs.wa.gov/esa/division-child-support/new-hire-reporting.
Enroll employee in benefits programs
25 days after startingIf offering benefits, provide enrollment forms and information about eligibility waiting periods. In Washington, employers with 50+ employees must provide paid sick leave (accrued at 1 hour per 40 hours worked) and comply with the Washington Paid Family and Medical Leave program.
Provide Employee Handbook
21 days after startingProvide an employee handbook that includes all required Washington state policies including paid sick leave policy, pregnancy accommodation policy, Washington Paid Family and Medical Leave information, and anti-harassment policies. Have the employee acknowledge receipt in writing.
Display required workplace posters
21 days after startingWashington employers must display specific state and federal workplace posters including minimum wage, paid sick leave, pregnancy accommodation, equal employment opportunity, and workplace safety notices. These must be posted in a conspicuous location accessible to all employees.
Register for workers' compensation insurance
21 days after startingAll Washington employers must provide workers' compensation insurance through the Washington State Department of Labor & Industries (L&I) or, if qualified, through self-insurance. Register with L&I if you haven't already done so.
Register for unemployment insurance
21 days after startingRegister with the Washington Employment Security Department for unemployment insurance if you haven't already done so. Most employers in Washington are required to pay unemployment insurance taxes.
Conduct new employee orientation
22 days after startingProvide orientation that covers company policies, safety procedures, and required training. Washington requires specific training on preventing sexual harassment and workplace violence for certain industries.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Prepare job description and posting | Create a clear job description that complies with Washington state anti-discrimination laws. Ensure the posting doesn't contain any language that could be considered discriminatory based on protected characteristics under Washington Law Against Discrimination (WLAD), which provides broader protections than federal law. | - | 1 |
| Create Employment Application Form | Develop an application form that complies with Washington state laws. Avoid questions about criminal history (due to 'Ban the Box' laws), salary history (prohibited in some Washington localities), and other protected characteristics. Include an equal employment opportunity statement. | Employment Application Form | 3 |
| Conduct interviews and select candidate | When interviewing, ensure questions comply with Washington anti-discrimination laws. Avoid questions about protected characteristics including age, race, religion, disability, sexual orientation, gender identity, marital status, and veteran status. Document the objective reasons for your hiring decision. | - | 14 |
| Obtain Background Check Authorization | Before conducting any background checks, obtain written authorization from the candidate. Washington follows the Fair Credit Reporting Act (FCRA) requirements and has additional protections. Ensure your background check process complies with Washington's Fair Chance Act which limits how criminal history information can be used. | Background Check Authorization Form | 15 |
| Prepare Employment Offer Letter | Draft an offer letter that includes position details, compensation, benefits, start date, and employment relationship (at-will status). In Washington, be specific about paid sick leave accrual rates (minimum 1 hour per 40 hours worked) and other state-mandated benefits. | Employment Offer Letter | 16 |
| Draft Employment Contract | If using a formal employment contract beyond an offer letter, ensure it complies with Washington state laws regarding wages, hours, and working conditions. Include clear terms about termination, non-disclosure provisions, and any restrictive covenants. | Employment Contract | 17 |
| Prepare Non-Disclosure Agreement | If applicable to the position, prepare an NDA that protects company confidential information. In Washington, NDAs must be reasonable in scope and duration. Overly broad NDAs may be deemed unenforceable. | Non-Disclosure Agreement | 18 |
| Prepare Non-Compete Agreement | If using a non-compete, ensure compliance with Washington's strict non-compete laws (RCW 49.62). Non-competes are only enforceable for employees earning more than $100,000 annually (adjusted for inflation), must be limited to 18 months, and must be disclosed in writing before employment begins. Consider whether a non-solicitation provision would be more appropriate. | Non-Compete Agreement | 19 |
| Verify employment eligibility with Form I-9 | Federal law requires completion of Form I-9 to verify identity and employment authorization. The employee must complete Section 1 by their first day of work. Employers must complete Section 2 within 3 business days of the employee's first day. Retain the form for the later of 3 years after hire date or 1 year after termination. | Form I-9 Employment Eligibility Verification | 21 |
| Collect Federal Tax Withholding Form W-4 | Have the employee complete a W-4 form to determine federal income tax withholding. This must be completed before the first payroll is processed. | Form W-4 Employee's Withholding Certificate | 21 |
| Collect Washington State Tax Withholding Form | While Washington has no state income tax, if your employee lives in a state with income tax (like Oregon or Idaho), you may need to collect state withholding forms for that state. | State Tax Withholding Form | 21 |
| Set up Direct Deposit | If offering direct deposit, collect the employee's banking information. In Washington, employers cannot require direct deposit unless the employer pays all associated fees. | Direct Deposit Authorization Form | 21 |
| Collect Emergency Contact Information | Have the employee provide emergency contact information. This is a best practice and may be required for workplace safety compliance. | Emergency Contact Information Form | 21 |
| Submit New Hire Reporting | Report new hire to the Washington State Department of Social and Health Services within 20 days of hire. This is required for child support enforcement purposes. Report online at https://www.dshs.wa.gov/esa/division-child-support/new-hire-reporting. | New Hire Reporting Form | 25 |
| Enroll employee in benefits programs | If offering benefits, provide enrollment forms and information about eligibility waiting periods. In Washington, employers with 50+ employees must provide paid sick leave (accrued at 1 hour per 40 hours worked) and comply with the Washington Paid Family and Medical Leave program. | Benefits Enrollment Forms | 25 |
| Provide Employee Handbook | Provide an employee handbook that includes all required Washington state policies including paid sick leave policy, pregnancy accommodation policy, Washington Paid Family and Medical Leave information, and anti-harassment policies. Have the employee acknowledge receipt in writing. | Employee Handbook | 21 |
| Display required workplace posters | Washington employers must display specific state and federal workplace posters including minimum wage, paid sick leave, pregnancy accommodation, equal employment opportunity, and workplace safety notices. These must be posted in a conspicuous location accessible to all employees. | - | 21 |
| Register for workers' compensation insurance | All Washington employers must provide workers' compensation insurance through the Washington State Department of Labor & Industries (L&I) or, if qualified, through self-insurance. Register with L&I if you haven't already done so. | - | 21 |
| Register for unemployment insurance | Register with the Washington Employment Security Department for unemployment insurance if you haven't already done so. Most employers in Washington are required to pay unemployment insurance taxes. | - | 21 |
| Conduct new employee orientation | Provide orientation that covers company policies, safety procedures, and required training. Washington requires specific training on preventing sexual harassment and workplace violence for certain industries. | - | 22 |
Frequently Asked Questions
As of 2023, Washington state's minimum wage is $15.74 per hour, one of the highest in the nation. This rate is adjusted annually for inflation. Note that some cities like Seattle have higher local minimum wages that would supersede the state minimum.
Washington is an at-will employment state, and written employment contracts are not legally required for most positions. However, it's a best practice to provide a written offer letter or employment agreement that outlines key terms such as compensation, benefits, and job duties. For certain positions or specialized arrangements, written contracts may be advisable.
When hiring in Washington, you must complete federal forms including the I-9 (employment eligibility verification) and W-4 (tax withholding). Washington-specific requirements include registering with the Department of Revenue, Department of Labor & Industries, and Employment Security Department. You'll need to report new hires to the Department of Social and Health Services within 20 days of hiring.
Washington requires employers to provide paid sick leave to all employees. Employees must accrue at least 1 hour of paid sick leave for every 40 hours worked. Employees can use sick leave for their own health needs, to care for family members, when their workplace or child's school is closed for health reasons, or for absences related to domestic violence.
Yes, Washington has a state-run Paid Family and Medical Leave program. Eligible employees can take up to 12 weeks of paid leave per year for qualifying events such as caring for a new child, a serious health condition, or a family member's serious health condition. The program is funded through premiums paid by both employers and employees, with small businesses (under 50 employees) exempt from the employer portion.
In Washington, employees must receive a 10-minute paid rest break for each 4-hour work period, scheduled as near as possible to the middle of the period. Employees who work more than 5 consecutive hours must also receive a 30-minute meal period. The meal period can be unpaid if employees are completely relieved of duties; otherwise, it must be paid.
Washington significantly restricts non-compete agreements. They are only enforceable against employees earning more than $100,000 annually (adjusted for inflation) and independent contractors earning over $250,000 annually. Non-competes must be limited to 18 months post-employment and must be disclosed in writing before employment begins. They cannot be enforced against employees who are laid off.
Washington requires overtime pay of 1.5 times the regular rate for hours worked beyond 40 in a workweek. Unlike some states, Washington does not have daily overtime requirements. Certain positions may be exempt from overtime requirements if they meet specific salary and job duty criteria under state law, which sometimes differs from federal exemption standards.
Washington has 'Ban the Box' laws that prohibit asking about criminal history on initial job applications. Criminal background checks can only be conducted after determining an applicant is otherwise qualified. Seattle and other localities have additional restrictions. For credit checks, Washington follows the federal Fair Credit Reporting Act and requires written consent. Salary history inquiries are prohibited statewide.
When an employee is terminated or quits in Washington, their final paycheck must be issued by the next regular payday. There is no requirement to provide the final paycheck immediately upon termination. The final paycheck must include payment for all hours worked, including overtime, and any accrued and unused paid time off if required by company policy.