From JDSupra, Meg Burnham and Scott Prange discuss modifications to Seattle’s Domestic Worker Law which applies to independent contractors as well as employees. Meg and Scott write:
Seyfarth Synopsis: Seattle has significantly expanded its Domestic Workers Ordinance, creating new compliance obligations for entities and individuals who hire, employ, or place domestic workers. Approved unanimously by the Seattle City Council on September 15, 2026, the amendments introduce requirements related to written agreements, payroll and timekeeping records, retaliation protections, and advance notice of termination. Because the ordinance applies broadly to childcare, home-care, housekeeping, cooking, gardening, and other in-home services, hiring entities, staffing agencies, home-care providers, family offices, private households, and other organizations should assess whether their current practices meet the new requirements.
What Changed?
The ordinance applies broadly to domestic work, including childcare, home care, housekeeping, cooking, home management, gardening, and similar services. Importantly, the law applies not only to employees but also to many individuals classified as independent contractors. The amendments take effect July 1, 2027.
Written Agreement
One of the most significant changes to the ordinance is the creation of a new written agreement requirement. Before work begins, hiring entities must provide domestic workers with a written agreement containing detailed information about the relationship, including the scope and location of work, hours, pay rates and payment schedules, cancellation policies, expense reimbursement practices, classification as an employee or independent contractor, available benefits, leave rights, and other key terms and conditions. The agreement must also include a notice of rights under the ordinance and generally must be provided in English and any language the hiring entity knows or has reason to know is the worker’s primary language.
Recordkeeping Requirements
Covered hiring entities now have affirmative recordkeeping obligations. Hiring entities must create and retain records demonstrating compliance with the ordinance, including written agreements, hours worked, rates of pay, and leave information where applicable. Records must be maintained for at least three years. If required records are not retained, the ordinance creates a rebuttable presumption that the hiring entity violated the law for the periods and workers for whom records are missing.
Leave Protections
The ordinance now expressly protects workers who use paid or unpaid leave available under law or agreement. Hiring entities must provide all leave required by law and any leave promised in the written agreement. The amendments also prohibit hiring entities from interfering with a worker’s use of leave or taking adverse action against a worker for exercising leave rights. The definition of “adverse action” was expanded to include conduct that would dissuade a reasonable person from exercising rights under the ordinance.
Termination Notice
For the first time, the ordinance requires advance written notice before many terminations. Unless an exception applies, hiring entities must provide at least two weeks’ written notice before terminating a domestic worker’s position or services. Live-in domestic workers must receive at least four weeks’ written notice. If adequate notice is not provided, the hiring entity may be required to pay the worker for the notice period that should have been provided. Limited exceptions exist, including misconduct, agreed probationary periods, significant changes in care needs, circumstances outside the hiring entity’s control, and situations where the worker can no longer fulfill the requirements of the position.
New Enforcement and Litigation Risks
Finally, the amendments strengthen enforcement mechanisms and increase potential exposure for noncompliance. The ordinance establishes penalties for failing to provide required written agreements, maintain records, or provide advance notice of termination. It also creates a presumption in favor of a worker’s alleged terms and conditions of employment when a hiring entity fails to provide the required written agreement. Likewise, where required records are not maintained, the ordinance establishes a presumption that violations occurred. These provisions may substantially increase litigation and enforcement risk where hiring entities lack contemporaneous documentation.
Interaction With Washington Law
Seattle’s requirements operate alongside Washington’s statewide protections for domestic workers under HB 2355. The state framework addresses baseline protections, including minimum wage, meal and rest breaks, retaliation, worker-rights disclosures, and enforcement through the Washington Department of Labor & Industries. Seattle’s amendments add local requirements governing the documentation and administration of the employment relationship.
