Quarterly HR Update – June 2025

Summer is knocking at the door and we wish everyone an enjoyable summer whether it be restful, adventurous, or a little bit of both!

As we were putting together this Update we were reminded that the legal landscape of employment matters has not been taking any time off – this Update is full of information, particularly for Washington employers. We know it can be a lot to unpack so please reach out if you have any questions or need support in any area.

Please note this is a summary of upcoming changes and not an all-inclusive overview.

HRT News

Our beloved Darcey McAllister passed away in May. Please read our tribute if you haven’t already – we want her legacy to live on. 

Seasonal Reminders

As the temperatures rises and we move into the summer months, we wanted to include the following reminders and resources to help ensure employee safety.

Heat Exposure: The National Institute for Occupational Safety and Health (NIOSH) has published criteria for a recommended standard for occupational heat stress which includes information about how to prevent heat-related illnesses, such as monitoring temperatures/conditions and ensuring that adequate water, breaks, and shade are provided when needed. As a reminder, Washington, Oregon, and California have adopted official rules and regulations that go beyond recommendations:  Washington Outdoor Heat Exposure Rule, Oregon Heat Illness Prevention and California heat standard.

Wildfire Smoke: Wildfires have become way too common in the Pacific Northwest in recent years. While we are hopeful that our summer will be free of wildfires, if wildfire smoke impacts your area, remember that Washington, Oregon, and California all have specific rules pertaining to wildfire smoke. Please reach out to us for guidance and assistance if you need help understanding or complying with these rules. 

Legal Updates & Info

Under Federal Law

EEO-1 Reporting: Starting off with a quick reminder on something we reported in May: the reporting period for filing the 2024 EEO-1 Reports opened on May 20, 2025, with a deadline to submit required information no later than Tuesday June 24, 2025. 

Majority-Group Bias Claims: What many are calling a landmark decision, on June 5, 2025 the US Supreme Court unanimously ruled, that “majority-group” plaintiffs do not need to meet a “heightened evidentiary standard” when alleging workplace discrimination. This article from Fisher Phillips provides a great overview of the decision, including five things that will change for employers. 

Department of Labor (DOL) Opinion Letter Program: What is the DOL Opinion Letter Program you might be asking? Prior to a June 2, 2025 “reboot” and expansion of this program, the DOL Opinion Letter Program was an opportunity for the public to submit questions to the DOL’s Wage & Hour Division (WHD) to which the DOL would prepare “an official written opinion” in response. The opinion letters intended to offer “practical, reasoned answers” to help employers understand the laws, particularly on topics or situations where the law or guidance is unclear. The program dates way back to the 1930s. In more recent history, the use (or activeness) of the program was dependent on the current administration (e.g. the Obama administration suspended the program, preferring “administrator interpretations” instead; the first Trump administration reinstated it). 

As of June 2, 2025, the program was expanded to include more than just wage and hour questions for WHD; now, requests for an opinion letter can be submitted to the Occupational Safety and Health Administration (OSHA), the Employee Benefits Security Administration (EBSA), the Veterans’ Employment and Training Service (VETS), and the Mine Safety and Health Administration (MSHA). Per the new DOL webpage, opinion letters will continue to be “official written opinions on how a law we enforce applies to a specific workplace situation, providing practical answers to help the public understand their rights and responsibilities.” To request an opinion letter, you can visit Opinion Letters | U.S. Department of Labor.

Under Washington Law

Minimum Wage Increase:  Minimum wage requirements in three Washington cities – Everett, Renton, and Tukwila – are set to increase as of July 1, 2025. Our May article provides the details.  

Pay Transparency: As of January 1, 2023, the Equal Pay Act (EPA) has required Washington employers to provide “pay transparency” by ensuring all job postings include a defined pay range, among other things. Since then, many employers have made good faith efforts to comply with the requirements and there have also been many lawsuits, some from opportunists rather than true job seekers. (This Davis Wright Tremaine article from last year provides some details).

On May 20, 2025, Governor Ferguson signed an amendment to the EPA (effective July 27, 2025 and not retroactive), that provides employers some reasonable leeway in complying with the requirements. Specifically:

• If the job posting does not meet the EPA requirements, employers have a five-day window to correct the deficient information before penalties would apply.
• Some jobs provide a single pay rate, rather than a range. In those cases, publishing the single rate within the job posting (rather than a range) is fine.
• Instead of a flat $5,000 penalty per violation, there is a range: $100 – $5,000.

Personnel Files: The Industrial Welfare Act (IWA) in Washington includes guidance and requirements on wages, hours, and working conditions in Washington, including information on personnel files. Signed by Governor Ferguson on May 13, 2025,  and effective July 27, 2025, Substitute House Bill (SHB) 1308 will amend the IWA, providing further guidance in regard to the definition of a “personnel file” and an employee’s right to access documents within their file. Here are the main changes:

• “Personnel file” is now defined! Prior to this definition, the term was very broad. RCW 49.12.240 now outlines the following as the “personnel file”: all job application records, all performance evaluations, all nonactive or closed disciplinary records, all leave and reasonable accommodation records, all payroll records, and all employment agreements.
• Under the IWA, employees have the right to view their personnel files annually upon request. This access to view the file remains unchanged. With the amendment, employees (both current and former) now have the right to request a free copy of the personnel file; employers must provide the copy within 21 days of the request.

With the clear definition of personnel file included in SHB 1308, this may be an ideal time to audit your organization’s personnel files to ensure the required documents are included.

Paid Family Medical Leave (PFML) Act Amendments: House Bill 1213 is the amendment that will significantly change many aspects of PFML as of January 1, 2026.  Let’s break down the changes:

• Eligibility: Currently, to qualify for PFML an employee must have worked 820 hours in Washington in the qualifying period. The amendment eliminates the 820-hour requirement.
• Job Reinstatement: Currently, PFML requires job reinstatement akin to FMLA eligibility requirements – there is an employer component as well as criteria the employee must meet. Employer component: Currently, only employers with 50 or more employees must provide job reinstatement to employees who meet the criteria. The amendment decreases that threshold to 25 or more employees (for calendar 2026), 15 or more employees (for calendar year 2027) and 8 or more employees (as of January 1, 2028 and beyond). Employee criteria: Currently, to be reinstated (if the employer component is met), the employee must have performed 1,250 hours of work within the prior 12 months and have been employed the prior 12 months. The amendment eliminates the 1250-hour requirement and decrease the 12-month employment period to 180 days. 
• Interaction with FMLA & Notice Requirements: Currently, it is the employee’s choice whether to apply for PFML which can sometimes result in employees “stacking” FMLA and PFML leave. While the amendment will not require employees to apply for PFML, as this Littler article eloquently explains, the amendment would potentially give “employers a mechanism to count FMLA leave towards the total amount of leave entitled to job protection under the WA PFML if the employee was eligible for WA PFML but did not apply for and receive it.” IF an employer intends to do that, there are specific notices/information the employer must provide to the employee.
• Additional Responsibilities for Reinstatement: Currently, specific reinstatement “responsibilities” for the employer and employee are fairly loose. The amendment will require the employee to affirmatively exercise their right to job reinstatement, while the employer will have specific written notice requirements to meet.
• Claim Duration: Currently, employees receiving PFML benefits must claim at least eight consecutive hours per claim week. The amendment will decrease the duration to four hours.
• Benefit Continuation: Currently, health insurance continuation is required under PFML if there is one day overlap with FMLA. The amendment will require benefit continuation for generally all PFML claims, with limited exceptions.
• Notice & Posters: Currently, employers are required to 1) provide employees a specific notice when they need leave and 2) post a specific notice within the workplace – both with content provided by Washington’s Department of Labor & Industries (L&I). The amendment will expand the information included on the notice and poster. 
• Small Employers: Currently, employers with fewer than 50 employees working in Washington can apply for grants in lieu of paying the employer portion of the PFML premiums. The amendment will revise the terms of the available grants. 

Washington Paid Sick Leave & Immigration Proceedings: Effective July 27, 2025, House Bill 1875 (signed into law on April 25, 2025 by Governor Ferguson) expands use of Paid Sick Leave to include time needed by an employee to prepare for or participate in immigration proceedings for themselves or a family member. 

Youth Labor Laws: As reported on his website, Governor Ferguson signed House Bill 1644 into law on April 28, 2025, setting minimum penalties for labor violations involving youth, requiring safety inspections prior to issuing certain minor work permits, and prohibiting companies from hiring minors if they have “three or more serious, repeat or willful safety or youth labor violations are now prohibited from hiring minors.”

Mini-WARN Act: The WARN (Worker Adjustment and Retraining Notification ) Act is a federal law that, in simple terms, outlines notice requirements for employers to follow in the event they close a worksite or have a mass reduction in force. In what is being coined Washington’s “Mini-WARN Act”, Governor Ferguson signed Senate Bill (SB) 5525 into law on May 13, 2025; it will apply to Washington employers with fifty or more full-time employees, effective July 27, 2025. 

Under the Act, in the event of a business site closing or a mass reduction in force, those employers must notify the state, affected employees, and if applicable, the union at least 60 days in advance. Of important note, employees receiving PFML benefits through the state are likely protected and, except in limited circumstances, cannot be included in the reduction in force. 

Pregnancy-Related Accommodations: Signed on May 20, 2025 by Governor Ferguson, but not effective until January 1, 2027, Engrossed Second Substitute Senate Bill 5217 (E2SSB 5217) outlines new pregnancy and lactation related accommodations for Washington employees. Current pregnancy-related accommodations are outlined in RCW 43.10.005; here is an overview of the upcoming changes: 

• Currently pregnancy-related accommodation requirements apply only to employers with 15 or more employees and nonprofit sectarian and religious organizations are exempt. E2SSB 5217 requires all employers to provide pregnancy-related accommodations – with no exemptions for nonprofit or religious organizations.
• Under current law, lactation breaks do not need to be paid and can be taken concurrently with rest/meal breaks. E2SSB 5217 requires lactation breaks (and the time spent traveling to the lactation location) to be provided separately from regular meal/rest breaks, and with pay.
• Under current law, reasonable accommodation includes flexibility for scheduling prenatal visits; E2SSB 5217 extends schedule flexibility to postnatal visits as well.

Under California Law

Meal Period Waivers: Meal period waivers are allowed in California, but there has been uncertainty amongst some employers on how to do them properly, to ensure they are enforceable. On April 21, 2025 the California Court of Appeal announced a decision in Bradsbery v. Vicar Operating, Inc. that provides some clarity for employers. Following the decision, Fisher Phillips provided four clear recommendations for employers to follow: 1) Implement a written standalone waiver, 2) Consider having a waiver(s) for both the first and second meal periods, 3) Properly inform employees when presenting a meal period waiver, and 4) Don’t Retaliate. Check out the article from Fisher Philips for more details.

Under Oregon Law

Minimum Wage Increase: Oregon’s minimum wage rates (which includes a standard rate, a Portland metro rate, and a nonurban counties rate) are set to increase as of July 1, 2025. Our May article provides the details. 

HRT Northwest: Your Northwest HR Team

(253) 642-7372 | info@hrtnorthwest.com

This Update is not a full overview of all recent or upcoming legal changes. HRT Northwest is staffed by professionals in the field of Human Resources and business management. We are glad to help with your HR needs; however, we do not offer legal advice and our services are not a substitute for the help of a qualified attorney.