Workforce Reductions in Washington: Lawmakers Refine Mini‑WARN Requirements and Broaden Unemployment Benefits for Layoff Volunteers

As we previously reported, Washington state enacted the “Securing Timely Notification and Benefits for Laid-Off Employees Act,” a mini-WARN law that became effective on July 27, 2025 (“WA WARN Act”). The WA WARN Act has some notable differences from the Federal counterpart. For instance, WA WARN applies to smaller workforces (50+ employees vs. 100+), may be triggered by smaller layoffs without a 33% of the workforce threshold, and it includes more detailed notice requirements. Additionally, the WA WARN Act does not limit a “mass layoff” to a single site of employment, so layoffs across multiple sites may be aggregated. In addition, the WA WARN Act carries enhanced enforcement mechanisms, including a private right of action and civil penalties of up to $500 per day for failure to notify the State. 

During the 2026 legislative session, Washington lawmakers passed two additional measures related to workforce reductions:

• Engrossed Senate Bill 6106 (ESB 6106), effective immediately, which clarifies WA WARN Act coverage and notice content requirements while strengthening employee data protections; and
• House Bill 2264 (HB 2264), effective June 11, 2026, which expands unemployment insurance eligibility for certain employees who volunteer for employer‑initiated layoffs.

Below, we highlight the key changes and clarifications employers need to know.

Mini‑WARN Clarifications and Data‑Privacy Revisions Under ESB 6106

ESB 6106 was enacted as emergency legislation and took effect immediately upon passage. While it does not roll back the core of Washington’s mini‑WARN law, it makes targeted changes intended to clarify coverage and address privacy concerns.

1. Indian Tribes Are Expressly Excluded from Mini‑WARN Coverage: ESB 6106 amends the statutory definition of “employer” to explicitly exclude Indian tribes. The statute already excludes the State of Washington, political subdivisions, and units of local government.
2. Employee Names Removed from Employee WARN Notices: The WA WARN Act increased notice content requirements beyond those imposed by federal WARN, including a mandate to identify impacted employees by name and job title. Under the revised law, employee names are no longer required in notices provided directly to affected employees. Employers must continue to identify the job titles of affected positions in WARN notices to affected employees.
3. Identifying Information Still Required for the State and Unions: Notwithstanding the rollback for employee notices, employers must still provide the impacted employees’ names and addresses in WARN notices to the Washington Employment Security Department (ESD) and the employees' bargaining representative if the employees are represented. 
4. Employee Information Submitted to ESD Is Now Confidential: To address employee‑privacy concerns, ESB 6106 also amends Washington’s Public Records Act to expressly exempt from public disclosure the names and addresses of employees submitted to ESD as part of mini‑WARN notices.

Expanded Unemployment Eligibility for Layoff Volunteers Under HB 2264

In addition to refining mini‑WARN compliance obligations, the Legislature enacted HB 2264, which expands unemployment benefit eligibility in the context of workforce reductions.

Effective for separations on or after June 14, 2026, HB 2264 provides that an employee will be deemed unemployed “through no fault of their own”—and thus eligible for unemployment benefits—when all of the following conditions are satisfied:

1. Employer‑Initiated Action: The employer announces to employees in writing that it plans to reduce its workforce through a layoff or reduction in force and invites employees to volunteer for inclusion.
2. Employee Volunteers: The employee offers to be included in the planned layoff or reduction in force.
3. Separation Results from the Layoff/Workforce Reduction: The employer terminates the employee’s employment as part of the announced workforce reduction.

Under these circumstances, an employee’s participation is treated as part of an employer‑initiated layoff rather than a voluntary quit for the purposes of unemployment benefits.

HB 2264 also clarifies that employers may allow employees to rescind their volunteer offers prior to separation, and the availability of rescission rights does not disqualify an employee from unemployment benefits provided the underlying separation meets the statutory criteria.

Importantly, HB 2264 does not apply where an employer merely modifies benefits, encourages early retirement, or encourages early separation without following the written announcement and volunteer process. Thus, traditional voluntary retirement or severance incentive programs, standing alone, would not trigger the expanded unemployment eligibility provisions.

Practical Implications for Employers

Taken together, ESB 6106 and HB 2264 reinforce Washington’s increasingly employee-protective approach to workforce reductions. While ESB 6106 offers further privacy safeguards, the WA WARN Act continues to impose expansive notice obligations for reductions in force. At the same time, HB 2264 expands economic protections for employees who volunteer for layoff. Employers contemplating layoffs, reductions in force, or site closures in Washington should engage in early, careful planning and consult a Seyfarth attorney for guidance tailored to your organization.