5998-S.E AMH SCHM TANG 251

ESSB 5998 - H AMD TO H AMD (H-3714.1/26) 2098

NOT ADOPTED 02/28/2026

On page 315, line 13, after "lapse.))" insert "The department shall evaluate the appropriateness of applying the provisions of the bill to employers who hire seasonal employees."

On page 546, after line 7, insert the following:

"Sec. 931. RCW 49.45.030 and 2025 c 277 s 3 are each amended to read as follows:

(1) An employer is not required to comply with the notice requirements under RCW 49.45.020 if:

(a)(i) At the time the notice would have been required, the employer was actively seeking capital or business;

(ii) The capital or business sought, if obtained, would have enabled the employer to avoid or postpone the business closing or mass layoff; and

(iii) The employer reasonably and in good faith believed that giving the notice required by RCW 49.45.020 would have precluded the employer from obtaining the needed capital or business;

(b) The mass layoff or business closing is caused by business circumstances that were not reasonably foreseeable at the time the notice would have been required. The unforeseeable business circumstances must be caused by a sudden, dramatic, and unexpected action or condition outside of the employer's control;

(c) The mass layoff or business closing is due to a natural disaster, such as a flood, earthquake, drought, storm, tornado, or similar effects of nature; or

(d) The mass layoff occurs at:

(i) A construction project and the affected employees were hired with the understanding that their employment was limited to the duration of a particular portion of that construction project; or

(ii) A multiemployer construction project and the only affected employees are subject to a full union referral or dispatch system.

(2) If an exception under this section applies for only part of the 60-day notice window, notice is required at the time the exception no longer applies. If notice is not provided, the employer is liable for each day notice is not provided pursuant to RCW 49.45.040 and 49.45.050.

(3) The department may not determine an exception under this section applies unless the employer meets the documentation and other requirements established by the department pursuant to RCW 49.45.070.

(4) For the purposes of allowing the employment security department to conduct an evaluation as required under section 232 of this act, from the effective date of this section until July 1, 2027, an employer is not required to comply with the notice requirements under RCW 49.45.020 if:

(a) The nature of the employer's business includes work that necessitates seasonal employment with regular or expected layoffs; and

(b) The affected employees were hired for work with the understanding, confirmed in writing at the time of hire, that their employment was limited to the duration of a specific season or time period, and the estimated end date of employment was disclosed in advance based on anticipated completion of the work."

Renumber the remaining sections consecutively and correct any internal references accordingly.

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