Washington's New Law Could Leave 10,000 Workers Exposed—Are You at Risk? Discover the Shocking Details!

On March 17, 2026, Washington Governor Ferguson signed significant amendments to the state’s mini-WARN law, officially known as the Securing Timely Notification and Benefits for Laid-off Employees Act (STABLE Act). These changes, aimed at redefining employer obligations in the context of layoffs, carry implications for employee privacy, particularly concerning Native American tribes.

The new legislation effectively excludes “any Indian tribe,” as defined under section 3306(u) of the federal unemployment tax act, from the definition of “employer” that is required to comply with the state’s mini-WARN law. This exclusion aligns with existing laws that recognize the governmental status of Native American tribes within Washington State, marking a significant step in honoring tribal sovereignty.

Another critical aspect of the amendments focuses on the privacy of employees affected by layoffs. The updated mini-WARN Act modifies the notification process in several ways:

• The names of employees impacted by layoffs will no longer be included in the notices sent to employees who are not represented by a union.
• Only the names and addresses of affected employees will be included in notices sent to the employees' bargaining representatives and the Employment Security Department (ESD).
• The names and addresses of affected employees will be exempt from public disclosure under the Public Records Act (PRA).

These changes are designed to enhance employee privacy, reducing the risk of sensitive personal information being publicly disclosed during times of job loss. As businesses grapple with layoffs and workforce reductions, the necessity of safeguarding employee information has become paramount.

Employers in Washington State must now adapt their notification forms to comply with these alterations, as the amendments take effect immediately. The Seattle office of Ogletree Deakins is closely monitoring developments related to these changes and will provide updates through their Reductions in Force and Washington blogs as more information becomes available.

For employers looking to navigate these new regulations, the Ogletree Deakins Client Portal offers essential resources. This includes comprehensive summaries of WARN laws, notice templates, and step-by-step guides on effectively managing reductions in force and closures. Registered users can access snapshots and updates, while premium and advanced subscribers benefit from detailed legal information pertinent to Washington WARN and mini-WARN criteria.

As the landscape of labor laws continues to evolve, particularly concerning the rights and protections of Native American tribes and their employees, these changes underscore the importance of maintaining privacy and adapting to legislative shifts. The amendments not only reflect a growing recognition of tribal governance but also highlight the complexities surrounding employee rights in the face of organizational change.