Washington 2025-2026 Regular Session Status: Passed House 27 D cosponsors

HB 2191 — Concerning workers' wages and benefits in the construction industry.

Last action — House Rules "X" file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House. Introduced December 23, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 38% · moderate confidence

  • Passed House

    Current position in the legislative process.

  • 27 sponsors

    1 primary, 26 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (27 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

278 added · 285 removed

Plain-language change summary

The latest version of HB 2191 introduces some important changes aimed at addressing issues within Washington's construction industry. Notably, it now includes a provision that allows workers employed by subcontractors to seek unpaid wages and benefits directly from upper-tier contractors, closing a significant gap in current law. This change is crucial because it aims to better protect workers from the financial impacts of misclassification and ensures they can pursue what they’re owed despite the complexities of contractor relationships. Additionally, the bill now prescribes penalties to encourage compliance and discourage underground economy practices.

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H-3271.1 SUBSTITUTE HOUSE BILL 2191 State of Washington 69th Legislature 2026 Regular Session By House Labor & Workplace Standards (originally sponsored by Representatives Cortes, Obras, Parshley, Kloba, Callan, Ramel, Mena, Doglio, Simmons, Scott, Peterson, Berry, Fosse, Reed, Salahuddin, Santos, Street, Duerr, Thomas, Stonier, Gregerson, Ormsby, Berg, Goodman, Macri, Hill, and Pollet) READ FIRST TIME 01/30/26.
H-2607.1 HOUSE BILL 2191 State of Washington 69th Legislature 2026 Regular Session By Representatives Cortes, Obras, Parshley, Kloba, Callan, Ramel, Mena, Doglio, Simmons, Scott, Peterson, Berry, Fosse, Reed, Salahuddin, Santos, Street, Duerr, Thomas, Stonier, Gregerson, Ormsby, Berg, Goodman, Macri, Hill, and Pollet Prefiled 12/23/25.
Read first time 01/12/26.
Referred to Committee on Labor & Workplace Standards.
adding a new chapter to Title 49 RCW;
adding a new section to chapter 18.27 RCW;
and prescribing penalties.
and adding a new chapter to Title 49 RCW.
(d) The underground economy in construction task force's 2025 report to the legislature included a majority recommendation to consider legislation that holds direct contractors liable for unpaid wages owed to employees of subcontractors at any tier.
(2) The legislature intends to create additional mechanisms for workers to seek payment of wages and benefits owed to them when those wages and benefits are illegally withheld.
1 SHB 2191 (2) The legislature intends to create additional mechanisms for workers to seek payment of wages and benefits owed to them when those wages and benefits are illegally withheld.
1 HB 2191 NEW SECTION.
NEW SECTION.
(1) "Authorized third party representative" means a third party that is authorized by an unrepresented employee to assert the rights of the unrepresented employee.
(1) "Construction contract" means an express or implied agreement for the construction, reconstruction, alteration, maintenance, moving, or demolition of any building, structure, or improvement, or relating to the excavation or other development of, or improvement to, land.
(2) "Construction contract" means an express or implied agreement for the construction, reconstruction, alteration, maintenance, moving, or demolition of any building, structure, or improvement, or relating to the excavation or other development of, or improvement to, land.
(2)(a) "Direct contractor" means any person, including a construction manager, joint venture, or any combination thereof, along with the person's successors, that enters into a construction contract with an owner.
(3) "Construction trade labor organization" means a bona fide labor organization that represents employees in the building and construction trades.
(4)(a) "Direct contractor" means any person, including a construction manager, joint venture, or any combination thereof, along with the person's successors, that enters into a construction contract with an owner.
(5) "Fringe benefit contributions" means the amount of payments or contributions that accompany or are in addition to an employee's regular salary or wages including, but not limited to, payments made to profit-sharing plans, retirement or pension plans, medical insurance plans, severance pay plans, or holiday, vacation, or sick leave plans, but does not include the benefit payments from such plans.
(3) "Fringe benefit contributions" means the amount of compensation that accompanies or is in addition to an employee's regular salary or wages including, but not limited to, payments made to profit-sharing plans, retirement or pension plans, medical insurance plans, severance pay plans, or holiday, vacation, or sick leave plans, but does not include the benefit payments from such plans.
(6) "Labor organization" means an organization, agency or an employee representation committee or plan, in which employees participate and which exists, in whole or in part, for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or work conditions.
(4)(a) "Owner" means any person, firm, partnership, corporation, association, company, organization, or other entity or combination of any thereof, along with their successors, with an ownership interest, whether that interest or estate is in fee or is less than fee, including as vendee under a contract to purchase or as lessee, that causes:
p.
2 SHB 2191 (7)(a) "Owner" means any person, firm, partnership, corporation, association, company, organization, or other entity or combination of any thereof, along with their successors, with an ownership interest, whether that interest or estate is in fee or is less than fee, including as vendee under a contract to purchase or as lessee, that causes:
(i) An authorized local government, municipality, state, or state agency as defined in RCW 39.04.010;
p.
2 HB 2191 (i) An authorized local government, municipality, state, or state agency as defined in RCW 39.04.010;
(8) "Reimbursements" means necessary expenditures or losses incurred by an unrepresented employee in direct consequence of the discharge of their duties, including the cost of tools, equipment, personal protective equipment, or other materials required by the employer or by the nature of the work.
(5) "Reimbursements" means necessary expenditures or losses incurred by an employee in direct consequence of the discharge of their duties, including the cost of tools, equipment, personal protective equipment, or other materials required by the employer or by the nature of the work.
(9)(a) "Subcontractor" means any person that is a party to an express or implied contract with a direct contractor, or with a direct contractor's subcontractors at any tier, to perform any portion of work within the scope of the direct contractor's construction contract with the owner, including a person that has no direct privity of contract with the direct contractor.
(6)(a) "Subcontractor" means any person that is a party to an express or implied contract with a direct contractor, or with a direct contractor's subcontractors at any tier, to perform any portion of work within the scope of the direct contractor's construction contract with the owner, including a person that has no direct privity of contract with the direct contractor.
(10) "Unrepresented employee" means an employee of a direct contractor or subcontractor who is:
(a) Not represented by a construction trade labor organization that has established itself or its affiliates as the collective bargaining representative for persons performing work on a project;
and p.
3 SHB 2191 (b) Not covered by a collective bargaining agreement that:
(i) Contains a grievance procedure that results in a final and binding decision;
and (ii) Provides a mechanism for recovering unpaid wages and fringe benefit contributions on behalf of the employees covered by the agreement.
(1) An owner and a direct contractor that enter into a construction contract are jointly and severally liable for any unpaid wages, including fringe benefit contributions, compensation for missed meal and rest periods, reimbursements, penalties, and damages, owed to any unrepresented employee of the direct contractor and any unrepresented employee of a subcontractor at any tier for labor performed on a project within the scope of the construction contract.
(1) An owner that enters into a construction contract with a direct contractor is jointly and severally liable with the direct contractor for any unpaid wages, including fringe benefit contributions, meal and rest periods, reimbursements, and damages, owed to any employee of the direct contractor and any employee of a subcontractor at any tier for labor performed on a project within the scope of the construction contract.
(2) The unrepresented employee or an authorized third party representative may bring a civil action against an owner, a direct contractor, or a subcontractor in any court of competent jurisdiction to recover unpaid wages, including fringe benefit contributions, compensation for missed meal and rest periods, reimbursements, interest, penalties, double damages, noneconomic damages, attorney fees, expert witness fees, and costs incurred in connection with the action.
(2) The employee, a third party on the employee's behalf, the attorney general, or the prosecuting attorney of any county may bring a civil action against an owner, a direct contractor, or a subcontractor in any court of competent jurisdiction to recover unpaid wages, including fringe benefit contributions, meal and rest periods, reimbursements, interest, penalties, double damages, noneconomic damages, attorney fees, expert witness fees, and costs incurred in connection with the action.
"Penalties" and "double damages" under this section are mandatory and must be awarded regardless of whether the failure to pay wages was willful.
"Penalties" and "double damages" under this section are mandatory and may be awarded regardless of whether the failure to pay wages was willful.
(3) A civil action under this section to recover unpaid wages, including fringe benefit contributions, compensation for missed meal and rest periods, reimbursements, penalties, and damages, must commence within three years from the date on which the unpaid wages, including fringe benefit contributions, compensation for missed meal and rest periods, reimbursements, penalties, and damages, became due.
(3) A civil action under this section to recover unpaid wages, including fringe benefit contributions, meal and rest periods, reimbursements, and damages, must commence within three years from p.
(4)(a) Prior to commencing a civil action against an owner or a direct contractor under this section, a person must send written notice of the alleged violation by first-class certified mail to the owner and direct contractor that sets forth the alleged violation and the nature of the claim and states that the owner and the direct contractor have 21 calendar days from the certified delivery date to correct the alleged violation.
3 HB 2191 the date on which the unpaid wages, including fringe benefit contributions, meal and rest periods, reimbursements, and damages, became due.
Such notice does not limit the liability of the owner or direct contractor or preclude a person from p.
(4) The attorney general's powers to enforce this chapter include the authority to:
4 SHB 2191 subsequently amending a complaint after the action is commenced to include additional parties to the action.
(a) Investigate violations of this chapter on its own initiative;
(b) A civil action may not be initiated until after the time period in (a) of this subsection has expired.
(b) Investigate violations of this chapter in response to complaints and seek remedial relief for the complainant;
(c) A civil action may not be brought against an owner or direct contractor if the owner or direct contractor has corrected the alleged violation within the time period specified in (a) of this subsection.
(c) Educate the public about how to comply with this chapter;
(5) Any agreement to waive or release an owner or direct contractor from liability, or to indemnify an owner or direct contractor for liability assigned under this section, is invalid.
(d) Issue written civil investigative demands for pertinent documents, answers to written interrogatories, or oral testimony, as required to enforce this chapter;
(e) Adopt rules implementing this chapter including rules specifying applicable penalties;
and (f) Pursue administrative sanctions or a lawsuit in the courts for penalties, costs, and attorneys' fees.
(5) Except as specified in subsection (10) of this section, any agreement to waive or release an owner or direct contractor from liability, or to indemnify an owner or direct contractor for liability assigned under this section, is invalid.
(a) The right of an owner or direct contractor to bring an action against a subcontractor to seek recovery of actual and liquidated damages for the amounts paid by the owner or direct contractor for unpaid wages, including fringe benefit contributions, compensation for missed meal and rest periods, reimbursements, interest, penalties, double damages, noneconomic damages, attorney fees, expert witness fees, and incurred costs associated with an action brought under this section;
(a) The right of an owner or direct contractor to bring an action against a subcontractor to seek recovery of actual and liquidated damages for the amounts paid by the owner or direct contractor for unpaid wages, including fringe benefit contributions, meal and rest periods, reimbursements, interest, double damages, noneconomic damages, attorney fees, expert witness fees, and incurred costs associated with an action brought under this section;
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(b) The right of an owner to bring an action against a direct contractor to seek recovery of actual and liquidated damages for the amounts paid by the owner for unpaid wages, including fringe benefit contributions, compensation for missed meal and rest periods, reimbursements, interest, penalties, double damages, noneconomic damages, attorney fees, expert witness fees, and incurred costs associated with an action brought under this section.
5 SHB 2191 (9) Nothing in this section is intended to diminish the rights, privileges, or remedies of an employee under a collective bargaining agreement.
4 HB 2191 (b) The right of an owner to bring an action against a direct contractor to seek recovery of actual and liquidated damages for the amounts paid by the owner for unpaid wages, including fringe benefit contributions, meal and rest periods, reimbursements, interest, double damages, noneconomic damages, attorney fees, expert witness fees, and incurred costs associated with an action brought under this section.
(10) An owner, direct contractor, or subcontractor may not intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate or retaliate against any employee who has:
(9) Nothing in this section is intended to diminish the rights, privileges, or remedies of an employee under a collective bargaining agreement.
(10)(a) A collective bargaining agreement may waive the requirements of this section if the agreement:
(i) Is entered into by a bona fide building and construction trade labor organization that has established itself or its affiliates as the collective bargaining representative for persons performing work on a project;
(ii) Contains a grievance procedure that results in a final and binding decision;
(iii) May be used to recover unpaid wages on behalf of employees covered by the agreement;
and (iv) Provides for the collection of unpaid contributions to fringe benefit trust funds established pursuant to 29 U.S.C.
Sec.
186 (c)(5) and (6), by or on behalf of such trust funds.
(b) The waiver does not apply to an action brought on behalf of an employee not covered by such collective bargaining agreement.
(11) An owner, direct contractor, or subcontractor may not intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate or retaliate against any employee who has:
(11) Any effort to use a person's immigration status to negatively impact a worker's wage and hour rights, responsibilities, or participation in proceedings under this section constitutes intimidation, coercion, discrimination, or retaliation in violation of subsection (10) of this section.
(12) Any effort to use a person's immigration status to negatively impact a worker's wage and hour rights, responsibilities, or participation in proceedings under this section constitutes p.
(12) Any violation of subsection (10) of this section entitles the unrepresented employee or an authorized third party representative to seek reinstatement, back pay, damages, attorney fees, and any other equitable relief deemed appropriate by the court.
5 HB 2191 intimidation, coercion, discrimination, or retaliation in violation of subsection (11) of this section.
(13) This chapter is in addition to and does not otherwise limit authority under federal, state, or local law.
(13) Any violation of subsection (11) of this section entitles the employee, a third party acting on the employee's behalf, the attorney general, or the prosecuting attorney of any county to seek reinstatement, back pay, damages, attorney fees, and any other equitable relief deemed appropriate by the court.
(14) If a direct contractor or subcontractor is found liable in a final judgment in a court of competent jurisdiction for a violation of this section, the department of labor and industries shall deny, suspend, or revoke the contractor's registration under chapter 18.27 RCW.
(15) This chapter is in addition to and does not otherwise limit authority under federal, state, or local law.
p.
(c) The names of all workers who performed work on the construction project and notation of whether each worker is classified as an employee or an independent contractor;
6 SHB 2191 (c) The names of all workers who performed work on the construction project and notation of whether each worker is classified as an employee or an independent contractor;
(f) An affidavit attesting to whether the subcontractor or any of its current principals has, within the preceding five years, been the subject of, or participated in, any civil, administrative, or criminal proceeding, investigation, citation, or settlement, that involved any allegations of a wage and hour violation under local, state, or federal law;
(f) An affidavit attesting to whether the subcontractor or any of its current principals has, within the preceding five years, been the subject of, or participated in, any civil, administrative, or criminal proceeding, investigation, citation, or settlement, that p.
6 HB 2191 involved any allegations of a wage and hour violation under local, state, or federal law;
(2) A subcontractor must provide the records described in subsection (1) of this section to an authorized third party representative only to the extent that the information contained in the records pertains specifically to the employee on whose behalf the authorized third party representative is acting and to whatever extent that the subcontractor would be lawfully required to disclose such records to the employee if the employee was acting on the employee's own behalf.
(2) A subcontractor must provide the records described in subsection (1) of this section to a third party on the employee's behalf only to the extent that the information contained in the records pertains specifically to the employee on whose behalf the third party is acting and to whatever extent that the subcontractor would be lawfully required to disclose such records to the employee if the employee was acting on the employee's own behalf.
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(5) An owner, direct contractor, or subcontractor may not disclose personally identifying information about a worker who performs work on a construction project except as necessary to comply with section 3 of this act, or as permitted by state or federal law.
7 SHB 2191 (5) A direct contractor or subcontractor may not disclose personally identifying information about a worker who performs work on a construction project except as necessary to comply with state or federal laws.
(1) Liability imposed on an owner under section 3 of this act does not apply to construction contracts that relate to real property that is used as the owner's principal residence, or to real property consisting of five or fewer residential or commercial units on a single tract, as defined in RCW 84.04.130.
This chapter does not apply to construction contracts that relate to real property that is used as the owner's principal residence, or to real property consisting of p.
(2) Nothing in this section limits or affects the liability of a direct contractor under section 3 of this act.
7 HB 2191 five or fewer residential or commercial units on a single tract, as defined in RCW 84.04.130.
A new section is added to chapter 18.27 RCW to read as follows:
If a direct contractor or subcontractor is found liable in a final judgment in a court of competent jurisdiction for a violation of section 3 of this act, the department of labor and industries shall deny, suspend, or revoke the contractor's registration.
NEW SECTION.
Sec.
7.
8 SHB 2191
8 HB 2191
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Action History

  1. House Rules "X" file.

  2. Returned to Rules Committee for second reading.

  3. Rules Committee relieved of further consideration. Placed on second reading.

  4. Referred to Rules 2 Review.

  5. Minority; without recommendation.

  6. Minority; do not pass.

  7. LAWS - Majority; 1st substitute bill be substituted, do pass.

  8. Executive action taken in the House Committee on Labor & Workplace Standards at 8:00 AM.

  9. Executive session scheduled, but no action was taken in the House Committee on Labor & Workplace Standards at 10:30 AM.

  10. Public hearing in the House Committee on Labor & Workplace Standards at 8:00 AM.

  11. First reading, referred to Labor & Workplace Standards.

  12. Prefiled for introduction.

Sponsors

Sponsorship breakdown

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1 sponsors · 26 co-sponsors · 124 not signed on

Sponsors (1)

Co-sponsors (26)

Not signed on (124)

124 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors HB 2191?
HB 2191 is sponsored by Gerry Pollet (Democrat), Natasha Hill (Democrat), Nicole Macri (Democrat), Roger Goodman (Democrat), April Berg (Democrat), Timm Ormsby (Democrat), Mia Gregerson (Democrat), Monica Jurado Stonier (Democrat), Brianna Thomas (Democrat), Davina Duerr (Democrat), Chipalo Street (Democrat), Sharon Tomiko Santos (Democrat), Osman Salahuddin (Democrat), Julia Reed (Democrat), Mary Fosse (Democrat), Liz Berry (Democrat), Strom Peterson (Democrat), Shaun Scott (Democrat), Tarra Simmons (Democrat), Beth Doglio (Democrat), Sharlett Mena (Democrat), Alex Ramel (Democrat), Lisa Callan (Democrat), Shelley Kloba (Democrat), Lisa Parshley (Democrat), Edwin Obras (Democrat), and Julio Cortes (Democrat).
What is the current status of HB 2191?
This bill has passed the House. Introduced December 23, 2025. It now moves to the second chamber.
Where can I track HB 2191?
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