Are Employee Driver’s License Requirements in the Rearview Mirror? What Washington’s New Law Says

Heads up, employers—a new law went into effect in Washington State this week (effective as of July 27, 2025) limiting when an employer can require job applicants and employees to have a valid driver’s license.  A recent update to the Washington Equal Pay and Opportunities Act now prohibits employers from requiring employees to have a valid driver’s license as a condition of employment or stating in job postings that a license is required, unless driving is an essential job function or related to a legitimate business purpose for a position.^[1]

The Washington Department of Labor and Industries (L&I) has been charged with investigating complaints regarding compliance with this new law, and violators will be subject to significant penalties.^[2]  If L&I determines that an employer has violated this law, it may issue a citation and notice of assessment and order the employer to make the following payments:

1. To the complainant:

• Actual damages;
• Statutory damages equal to the actual damages or $5,000, whichever is greater; and
• Interest of 1% per month on all compensation owed.^[3]

       2. To L&I:

• The costs of investigation and enforcement;
• A civil penalty; and
• Any other appropriate relief.^[4]

For an employer’s first violation, the civil penalty may be up to $500.  Any repeat violations may be up to $1,000 or 10% of the damages, whichever is greater.^[5]  If L&I does not find a violation, the employee may appeal the finding.  If the employee succeeds on their appeal, they are entitled to their costs and reasonable attorneys’ fees.

This new law is now in effect in Washington State.  Oregon and California have also enacted similar laws within the last few years.^[6]  Employers will want to review and update their job postings, applications, and descriptions, as well as their handbook and employment policies to make sure they comply with these requirements.  If you have questions regarding these updates, you can reach out to Brittney Rivers (BRivers@dickinson-wright.com) and Emily Krueger (EKrueger@dickinson-wright.com).