WASHINGTON STATE ESD ANNOUNCES SEASONAL FARM WORKERS NOT INCLUDED IN MASS LAYOFF NOTIFICATIONS

Engrossed Substitute Senate Bill 5525, concerning employment loss due to businesses closing or mass layoffs, has raised questions regarding its application to seasonal agriculture work.  As part of the implementation of the bill, Employment Security Department is operating as though temporary and seasonal agricultural work is not intended to be in scope for this bill as employees are not covered under federal WARN requirements, include those working on temporary projects or facilities of the business who clearly understand the temporary nature of the work when hired. As such, ESD will not be enforcing the provisions of ESSB 5525 in the seasonal agricultural workspace at this time.  That said, formal policymaking will need to occur to finalize this approach. ESD will keep us informed as they determine next steps.