Washington State has enacted Substitute House Bill 2355 (HB 2355), which establishes statewide employment standards and workplace protections for covered domestic workers. The law takes effect July 1, 2027.
The law applies broadly to “hiring entities,” a term that includes not only businesses and staffing agencies, but also individuals and families that directly engage covered domestic workers.
HB 2355 creates new requirements related to pay, written agreements, recordkeeping, termination notice, and worker protections. The law also authorizes enforcement by the Department of Labor & Industries (L&I) and allows workers to bring private lawsuits for alleged violations and recover their damages and attorneys’ fees and costs.
Below, we summarize the legislation and highlight key considerations for hiring entities.
AT-A-Glance
- Covered domestic workers will be entitled to minimum wage and overtime protections.
- Hiring entities must provide written agreements outlining key terms, and disclosures outlining domestic workers’ rights.
- Many domestic workers will be entitled to advance notice of termination or severance pay in lieu of notice.
- The law establishes new workplace privacy, anti-retaliation, and anti-discrimination protections.
- The law restricts hiring entities from requiring certain arbitration, nondisclosure, nondisparagement, and noncompete provisions as a condition of work.
- Hiring entities may face administrative enforcement actions, civil penalties, damages, and attorneys’ fees for violations.
Who is Covered?
HB 2355 broadly defines a “domestic worker” as an individual who receives compensation for at least four hours of work in a month and performs covered services in one or more private residences as a nanny, childcare provider, home care worker, personal care provider, housekeeper or cleaner, cook, gardener, or household manager.
The law excludes certain categories of workers, including individuals performing casual labor, intermittent babysitters, many pet sitters and house sitters, specified state-funded home care providers, and family members working for relatives.
The New framework under hb 2355
HB 2355 establishes a range of requirements for covered domestic workers. The law addresses compensation, written agreements, disclosure requirements, termination practices, recordkeeping, workplace rights, discrimination, and retaliation.
Compensation, Written Agreements, and Disclosure Requirements
Starting July 2027, hiring entities must pay at least Washington’s minimum wage and overtime for hours worked over 40 in a workweek.
The law also requires hiring entities to provide covered domestic workers with a written agreement. At a minimum, the agreement must identify the worker’s position and rate of pay. Depending on the arrangement, it may also need to address schedules, benefits, leave, transportation costs, severance benefits, and other key terms. Hiring entities must provide the agreement in a language the worker understands and must also provide a notice of rights.
Hiring entities must also provide covered domestic workers with disclosures of their rights. L&I will create model disclosure statements and written agreements in advance of July 2027.
Termination Notice Requirements
HB 2355 creates notice requirements for many terminations. In most cases, hiring entities must provide at least two weeks’ advance written notice before terminating a domestic worker’s services (or four weeks for live-in domestic workers) or provide severance pay in lieu of the required notice.
The law contains several exceptions, including certain situations involving misconduct, probationary periods, and one-time or intermittent work.
Recordkeeping and Workplace Protections
Hiring entities must keep records of hours worked, pay rates, and, where applicable, leave accrued and used. Those records must be made available to L&I during an investigation.
The law also includes several workplace protections. Hiring entities generally may not retain a worker’s identification documents, interfere with private communications, require workers to waive legal rights, or require certain arbitration, nondisclosure, nondisparagement, or noncompete provisions.
HB 2355 also contains privacy protections that may be particularly significant in the household context. Among other things, hiring entities generally may not monitor or record workers in bathrooms, private living quarters, or while dressing, nor may they interfere with workers’ private communications.
Anti-Discrimination and Anti-Retaliation Protections
The law prohibits conduct that creates an intimidating, hostile, or offensive work environment and extends anti-discrimination protections to certain domestic workers who may not otherwise be covered by existing employment discrimination statutes.
Finally, HB 2355 prohibits retaliation against workers who exercise their rights under the law. A hiring entity that takes adverse action within 90 days of a worker engaging in protected activity may face a presumption of retaliation.
Key Takeaways for Hiring Entities
For many household hiring entities, HB 2355 represents a significant shift toward a more formal employment relationship with covered domestic workers. Arrangements that may historically have been managed informally will now require written documentation, payroll compliance, recordkeeping, and careful attention to termination procedures and worker protections.
While the law does not take effect until July 1, 2027, hiring entities should use this lead time to evaluate whether their current practices comply with the statute and identify any changes that may be necessary.
Areas for review may include:
- Whether any workers fall within the law’s definition of a covered domestic worker.
- Written agreements and related onboarding materials.
- Wage, overtime, payroll, and recordkeeping practices.
- Termination procedures, notice obligations, and potential severance requirements.
- Arbitration, confidentiality, nondisparagement, and restrictive covenant provisions.
- Training for individuals responsible for supervising or managing domestic workers.
Hiring entities should also monitor guidance from L&I, which is currently tasked with developing model agreements, disclosure forms, and implementing rules before the law’s effective date.
Preparing now can help reduce compliance risks and avoid costly disputes once the law takes effect. If you have questions about how HB 2355 may affect your household, business, or workforce practices, our employment attorneys can help you assess your obligations, review existing agreements and policies, and develop a compliance strategy tailored to your circumstances.
