Washington State Employers:
Last Monday, the Governor signed a new law, WA HB 2355, establishing labor protections for domestic workers, which are defined as workers who perform at least four hours of work per month in a private residence as a nanny, childcare provider, home care worker, housekeeper, cook, gardener, or household manager. Certain exceptions apply, including for casual labor, babysitting, pet sitting, certain agency-employed providers, and family members.
Under the new law, employers in Washington will be required to pay domestic workers at least the state minimum wage and overtime for hours worked in excess of 40 in a workweek. Employers must also enter into written agreements with domestic workers that detail the terms of employment, including pay rates, schedules, and benefits. These agreements must provide for at least two weeks’ written notice before termination (or four weeks’ notice for live-in workers), with severance pay required if the notice period is not provided. In addition, the law prohibits subjecting domestic workers to “an intimidating, hostile, or offensive work environment with the purpose or effect of unreasonably interfering with the domestic worker’s performance,” and it bans pre-dispute arbitration agreements.
The new law will take effect on July 1, 2027. The full text can be found here: WA HB2355 | BillTrack50
The new law serves as a reminder that domestic workers are generally considered to be employees of the family for whom they work and that in Washington, and other states, as well as under federal law, such workers have certain employment rights. D+G counsel can assist individuals with household employees in complying with the employment laws applicable to domestic workers.