Washington Enacts Stronger Protections for Working Minors

What happened?

On April 28, 2025, Washington enacted House Bill 1644, strengthening protections for working minors and setting tiered penalties, with an effective date of July 1, 2026, and biennial inflation adjustments beginning July 1, 2027.

Overview

Public Works “Responsible Bidder”

• Bidders cannot have a final willful wage law violation in the prior 3 years or be under minor work permit revocation at bid time.
• Must submit a sworn statement confirming compliance; agencies may rely on it.
• All existing licensing/registration, insurance, tax, and training criteria remain in place.

Source: (Section 1 — RCW 39.04.350)

Non‑Agricultural: Enforcement, Penalties & Revocation Citations & abatement

L&I issues written citations; first time nonserious violations get a specific time to fix, and penalties may be waived/reduced if corrected.

• Mandatory minimum civil penalties (per violation)
  • $100–$1,000: missing minor work permit, parent/school authorization, records, or other non‑serious issues.
  • $150–$1,000: hours of work violations.
  • $300–$1,000: meal/rest break violations.
  • $1,000+ (or $2,000+ for repeat): prohibited duties, variance violations, minimum wage for minors, or other serious issues.
  • $15,000+ (double if willful/repeat): serious physical harm to a minor.
  • $71,000+ (double if willful/repeat): death of a minor.

• Ongoing serious/repeat violations: Up to $5,000 per day while the violation continues.

• Penalty setting factors: L&I weighs 9 factors (e.g., willfulness, employer size, minor’s age, gravity, hazard, federal comparables, deterrence, consistency, other appropriate factors).

• Inflation adjustments: Every two years starting July 1, 2027 (CPI‑W).

• Immediate restraint orders: L&I may halt dangerous conditions and bar minors’ presence where serious harm is likely.

• Mandatory permit revocation (non‑agricultural): L&I must revoke a minor work permit (no reissue for less than or equal to 2 months) if:
  • A safety citation includes violations under RCW 49.17.180(1),(2),(4),(5) or a youth employment citation includes violations causing serious harm or death; or
  • L&I issues an immediate restraint order (this section or RCW 49.17.130/170).

• Annual reporting: L&I’s annual report must include citations/penalties, permit revocations (and reasons), and minor injury reviews.

Source: (Section 2 — RCW 49.12.390)

Criminal Penalties

• Gross misdemeanor: knowing/reckless violations of RCW 49.12.121/.123 (or Section 8) and related rules/orders.
• Class C felony: violations causing a minor’s death or permanent disability.

Source: (Section 3 — RCW 49.12.410)

PreVariance Safety Consult: Before a student learner/apprenticeship variance allowing age prohibited duties, L&I must:

• Conduct a worksite safety & health consultation; and
• Consult the employer on allowed tools, equipment, and practices.

Source: (Section 4 — New § in Ch. 49.12 RCW)

Rapid Hazard Notice:After an inspection, L&I makes a good faith effort to notify within 10 days if a hazard could injure a minor; this does not change other rights/duties.

Source: (Section 5 — New § in Ch. 49.17 RCW)

Civil Infraction Baseline:Agricultural violations remain class 1 civil infractions, except where Section 8 sets stronger youth specific protections and penalties.

Source: (Section 6 — RCW 49.30.040)

Ag Pre‑Variance Consult:Mirrors Section 4 for agricultural placements: worksite safety consultation and employer tool/equipment/practice guidance before granting a variance.

Source: (Section 7 — New § in Ch. 49.30 RCW)

Agriculture Minor Protections, Permits & Penalties Rules & permits

• L&I rules must protect minor safety/health/welfare (exceptions for emancipated minors).
• Employers may not hire minors without a valid minor work permit plus parent/guardian consent and school approval (limited exceptions).
• Citations, penalties & abatement:Same structure as Section 2 (written citation, posting, abatement for first time nonserious violations, possible penalty waiver/reduction).

• Penalty tiers (Agriculture)
  • $100–$1,000: permit/authorization/records/non‑serious.
  • $150–$1,000: hours violations.
  • $300–$1,000: meal/rest violations.
  • $1,000+ (or $2,000+ repeat): prohibited duties/variance/minimum wage (minors)/serious violations.
  • $15,000+ (double if willful/repeat): serious physical harm.
  • $71,000+ (double if willful/repeat): death.
  • Up to $5,000 per day for continuing serious/repeat violations.
  • Inflation adjustments: biennial from July 1, 2027.

• Immediate restraint, revocation & appeals: L&I may immediately restrain hazards and bar minors, must revoke permits for less than or equal of 12 months when criteria are met; includes appeal, final order, collection, and $1,000 penalty for unauthorized advance notice of inspections.

Source: (Section 8 — New § in Ch. 49.30 RCW)

Source References

• Washington HB 1644 – Concerning the safety and health of working minors
• Washington Governors – Press Release

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.