Washington § 49.45.030 Exceptions to notice requirement.

Washington Statutes

§ 49.45.030 — Exceptions to notice requirement.

Washington § 49.45.030

Title 49LABOR REGULATIONS

Ch. 49.45MASS LAYOFFS AND BUSINESS CLOSINGS

This text of Washington § 49.45.030 (Exceptions to notice requirement.) is published on Counsel Stack Legal Research, covering Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wash. Rev. Code § 49.45.030 (2026).

Text

(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 act

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(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 .