New Employment Laws Coming to Oregon and Washington: What Employers Need to Know

Washington and Oregon have passed a wave of new employment laws that will significantly impact how businesses operate in the coming months and years. From pay transparency and criminal background checks to personnel file access and expanded sick leave rights, these changes reflect a broader trend toward employee protection and workplace equity. Here’s a breakdown of the most notable updates — and what employers should do to stay compliant.

Pay Transparency and Wage Protections

Washington's Equal Pay Law Expansion (Effective July 1, 2025):

Previously focused on gender equity, Washington’s Equal Pay and Opportunities Act now prohibits pay or promotion discrimination based on:

• Sex, marital status, and sexual orientation

• Race, color, age (40+), national origin

• Citizenship or immigration status

• Military/veteran status

• Disability or use of service animals

Employers must ensure that compensation and advancement decisions are based on legitimate, nondiscriminatory factors, not protected characteristics. Pay differences must be justifiable by skill, effort, and responsibility.

Washington Pay Transparency Amendment (SSB 5408 – Effective July 27, 2025):

Employers now have 5 business days to fix a noncompliant job posting (e.g., missing salary range) after receiving notice. This “cure period” ends July 27, 2027.

Oregon’s New Paystub Disclosure Law (SB 906 – Effective January 1, 2026):

Oregon will require employers to give new hires a comprehensive explanation of all possible pay components, including:

• Rates of pay

• Deductions, allowances, and contributions

• Payroll codes and their descriptions

This must be reviewed and updated annually and made easily accessible.

Personnel Records and Employment Documentation

Washington's New Personnel File Access Law (HB 1308 – Effective July 27, 2025):

Washington now defines what constitutes a personnel file and requires employers to:

• Respond to requests for copies within 21 days

• Personnel files are now defined as all job application records, performance evaluations, inactive or closed disciplinary records, leave and reasonable accommodation records, payroll records, and employment agreements.

• Provide a statement of discharge reason upon request.

  
  

Ensure your HRIS or personnel records system is organized, accessible, and includes all now-required documents.

Washington Hiring Practices and Background Checks

Criminal History Restrictions (HB 1747 – Effective July 27, 2025):

Employers in Washington may not conduct criminal background checks until after a conditional job offer is made. Any adverse action based on criminal history must relate to a legitimate business necessity, and the candidate must be allowed to explain their record.

Driver’s License Requirement Restrictions (SB 5501 – Effective July 27, 2025):

Unless driving is essential to the job, Washington employers may not:

• Require a driver’s license

• List it as a preferred qualification in postings

Paid Leave and Worker Protections

Expanded Use of Washington Paid Sick Leave (HB 1875 – Effective July 27, 2025):

Employees may now use accrued sick leave to prepare for or attend immigration-related proceedings for themselves or their family members.

Washington Mini-WARN Act (SB 5525 – Effective July 27, 2025):

Employers with 50+ full-time employees must give 60 days’ advance notice for mass layoffs or site closures. Notices must be sent to:

• Affected employees

• Union reps

• State government

Certain employees on paid family or medical leave are protected from reduction-in-force (RIF) inclusion.

Next Steps for Employers

For Oregon Employers:

1. Update onboarding materials to include the new paystub disclosures required under SB 906 by January 1, 2026

2. Ensure pay documentation includes:

• All potential rates of pay, deductions, and contributions

• Purpose of each deduction or allowance

• Clear payroll code descriptions

3. Make this information accessible (e.g., online or posted physically) and review it annually. Monitor the Oregon Bureau of Labor and Industries for model guidance materials expected to be released in multiple languages

For Washington Employers:

1. Audit job postings for compliance with pay transparency laws:

• Include wage/salary range or fixed wage

• List general benefits and compensation

• Establish a process to correct postings within 5 business days (until July 27, 2027)

2. Train hiring teams to delay criminal background checks until a conditional offer is made (HB 1747)

3. Review job postings and hiring practices to remove driver’s license requirements unless driving is essential (SB 5501)

4. Update personnel file policies to meet HB 1308, including:

• Responding to file requests within 21 days

• Including newly defined documents like accommodation and disciplinary records

5. Modify sick leave policies to allow use for immigration-related proceedings (HB 1875)

6. Prepare for Mini-WARN compliance:

• Provide 60 days’ notice of layoffs or closures

• Notify employees, unions, and state agencies

• Avoid including employees on WA Paid Family or Medical Leave in RIFs

7. Ensure pay equity evaluations include all new protected classes, not just gender

With these new laws, Washington and Oregon are raising the bar for transparency, fairness, and employee access. Now is the time to align your HR and compliance practices with these upcoming changes — before enforcement begins.

Need help updating your policies or employee handbook? Reach out to our OmniaHR team today.