Many bills that passed during the 2025 legislative session went into effect on Sunday, July 27, and will impact the construction industry.
- Interested Parties’ Access to Certified Payroll (SHB 1821): Current law requires an employer’s certified payroll to be provided to an “interested party” (contractors, workers, unions) for purposes of enforcing prevailing wage requirements. This bill adds joint labor-management cooperation committees and Taft-Hartley trusts to the definition of “interested parties”. Cooperation committees can’t use it for union organizing or commercial activity.
- Bond and Design Services (SHB 1967): A performance and payment bond is not required for the portion of the design/build contract that includes design services, preconstruction services, and other services that are not public works construction. Contractor must provide performance and payment bond “before start of construction and no later than 10 days upon request from owner.”
- Employee Access to Personnel Records (EHB 1308): Requires employers to provide an employee or former employee with a copy of the employee’s personnel file within 21 calendar days of a request at no cost to the employee. Creates a private cause of action with statutory damages (meaning it allows individuals to sue employers).
- Driver’s License Requirements for Specific Jobs (SSB 5501): Prohibits employers from requiring a driver’s license as a condition of employment or stating that a job applicant must have a driver’s license. These prohibitions do not apply if driving is one of the essential job functions or is related to a legitimate business purpose for the position.
- Prohibitions Concerning Criminal History During Employment (EHB 1747): Employers are prohibited from performing a criminal background check until after extending a conditional job offer. Before making an adverse employment decision based on criminal history, employers must wait at least two business days, allowing applicants to respond or provide context. Employers cannot take adverse actions against current employees based solely on arrests or juvenile convictions. Fines for violations have been significantly raised, with penalties up to $15,000 per affected individual for repeated offenses.
- Dig Law Update (ESSB 5627): The Locator service must maintain a web-based service as well as a phone. Excavators must mark the excavation site boundaries with white lining or white pin flags. If boundary marking is infeasible, excavators must give notice electronically to a locator service. Excavators are authorized to use a third-party entity, such as a general contractor, to provide notice of the scheduled excavation to all facility operators. However, the excavator retains all legal duties and responsibilities for compliance with the law. After receiving notice, facility operators must provide reasonably accurate information for the locatable underground facilities by the work-to-begin date on the notice. The deadline may be modified or extended by written agreement and must be extended in the event of natural disasters and other specified situations outside of the operator’s control. Penalties increased from $10K to $25K.
If you have any questions, contact either Jerry VanderWood or Michele Willms on AGC’s lobbying team.