Pressed by the federal government, Washington is making a big change in its new law extending unemployment benefits to striking union workers.

Starting Aug. 23, workers involved in labor disputes must comply with the state’s rigorous job search requirements to receive benefits. This means actively seeking work and recording efforts to find another job.

Since Jan. 1, when the law took effect, Washington’s Employment Security Department waived that requirement because it deemed those involved in labor disputes to be “attached to an employer.”

But this week the U.S Department of Labor told the state agency that this approach does not conform with federal law. 

Federal officials said the state’s employer-attached waiver “does not apply in the case of a strike because the employer did not initiate the separation,” Chris Barron, communications director for the Employment Security Department, said Aug. 21.

“While we cannot provide specifics about the number of current claimants, this only impacts a handful,” he added. Barron said the agency is reaching out to those individuals to inform them about the job search requirements.

This requirement will apply to all new claims during a strike. It will not impact previous claims.

The agency filed an emergency rule on Aug. 21 and will conduct a formal process to adopt a permanent rule change.

The news is not a total surprise. The state and federal agencies have discussed the law throughout its development and passage. These conversations span the past presidential administration of Democrat Joe Biden and the current one under Republican Donald Trump. 

Earlier this year, the Department of Labor issued a “questions and answers” document spelling out its position on state laws that provide unemployment benefits for striking workers.

Stephanie Sams, the state agency’s government relations director, informed members of the House Labor and Workplace Standards and the Senate Labor and Commerce committees of the change on Aug. 18. 

“It is good news,” said Rep. Suzanne Schmidt, R-Spokane Valley, the lead Republican on the House labor committee. As a policy matter, it assures all individuals follow the same rules in order to receive unemployment benefits, she said. 

Schmidt also pointed to talks between Boeing and its professional engineers union, who voted Aug. 21 to reject the company’s contract offer. Barring a deal in the coming weeks, roughly 16,000 workers could go on strike Oct. 7 and be eligible for benefits not long after.

“This might weigh into whether or not the union ends up negotiating in the next month,” she said. “Workers will know if they do strike, they will not be eligible for benefits if they are not seeking another job.”

April Sims, president of the Washington State Labor Council, one of the forces behind the legislation, had a different view.

“It is a concern. We are still assessing the on-the-ground impact it might have,” she said. “I don’t think this rule change will stop workers from exercising their power to go on strike.”

‘Actively seeking suitable work’

Unemployment insurance is available in Washington to those who have lost their job through no fault of their own. For example, it applies for those who are laid off or fired, or who quit for certain reasons. Other circumstances include a temporary layoff or furlough or an injury.

In 2025, Democrats overrode Republican opposition to pass the law expanding the benefits to union workers who are on strike or locked out by their employer.

It marked a major win for Democrats and their labor allies who view the benefits as a backstop for rent and food when striking workers are not getting a paycheck. Critics argued the availability of benefits would incentivize striking and squeeze businesses.

Through Aug. 5, the Employment Security Department made payments to 151 people, totaling 741 weeks of pay and $565,714.

Workers on strike can receive up to six weeks of benefits. Unemployment is available following the second Sunday after a strike begins, plus a one-week waiting period. Typical unemployment insurance is offered for up to 26 weeks. The six weeks for striking workers was the result of negotiations between House and Senate Democrats.

A person seeking unemployment benefits must show they are available and actively seeking suitable work. For each week they submit a claim, the person must complete three job search activities and keep a record of their efforts. They also must be signed up with a WorkSource employment center in the state, or an equivalent if they live in another state.

Striking workers will be subject to those conditions starting Aug. 23. It is recommended that they log their efforts. The agency does reviews and might deny benefits if a log is missing or not complete, or the person is viewed as not making a genuine attempt to find a job.

This story is republished from the Washington State Standard, a nonprofit, nonpartisan news outlet that provides original reporting, analysis and commentary on Washington state government and politics.