Washington Governor Ferguson Signs Mini-WARN Act Amendments Bill

Quick Hits

• On March 17, 2026, Washington Governor Ferguson signed legislation that amends the definition of “employers” that are required to comply with the state’s mini-WARN law to exclude Native American tribes.
• The bill also changes the notices that must contain the names and addresses of employees affected by layoffs.
• The amended mini-WARN Act also stops disclosure under the Public Records Act of the names and addresses of affected employees.

ESB 6106 amends the Securing Timely Notification and Benefits for Laid-off Employees Act (STABLE Act) in two key respects.

First, the bill excludes from the definition of “employer,” “any Indian tribe,” as defined in section 3306(u) of the federal unemployment tax act. This change was designed to align with other laws honoring the governmental status of Native American tribes in the state.

Second, ESB 6106 reduces the dissemination of the names and addresses of employees affected by layoffs and business closures by:

• eliminating the names of the employees affected from the notice to affected employees who are not represented by a union,
• including the names and addresses of affected employees only on the notices to the employees’ bargaining representative and the Employment Security Department (ESD), and
• exempting the names and addresses of affected employees from public disclosure under the Public Records Act (PRA).

The changes to the notice requirements will better protect employee privacy by limiting the public disclosure of employees’ names and addresses.

The amendments take effect immediately, so employers will want to update their notice forms to accommodate those changes.

Ogletree Deakins’ Seattle office will continue to monitor developments and will post updates on the Reductions in Force and Washington blogs as additional information becomes available.

In addition, information on WARN laws is available on the Ogletree Deakins Client Portal. The Terminations and RIFs topic page covers WARN and Mini-WARN, Termination Notices, Final Pay Upon Termination, and other related federal and state laws. Snapshots and updates are available for all registered client users. Premium and Advanced subscribers have access to the detailed law summaries, including Washington WARN and Mini-WARN, applicable notice templates, and a step-by-step guide for handling RIFs and Closures. For more information on the Client Portal or a Client Portal subscription, please reach out to clientportal@ogletree.com.

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