Washington has enacted legislation (House Bill 1491), which prohibits an employer from searching an employee’s privately owned vehicle. House Bill 1491 takes effect on July 23, 2023.
The Details
Under the law, employees and job candidates have the right to:
- Possess private property in their vehicle (unless prohibited under the law); and
- Not have their privately owned vehicle, located on their employer's parking lot, garage, or on an access road to these locations, be searched by an employer or an employer’s agent.
Employers are also prohibited from requiring employees and candidates to waive these protections as a condition of employment.
Exceptions
An employer (or their agent) may search an employee or candidate’s privately owned vehicle:
- When the vehicle is owned or leased by an employer;
- When an employer requires or authorizes an employee's personal vehicle for work-related activities and needs to ensure the vehicle is suitable for such activities;
- If conducted by law enforcement;
- On state and federal military installations and facilities for security purposes;
- When a reasonable person believes it is necessary to prevent an immediate threat to human health, life or safety;
- At specific employer areas subject to searches under state or federal law; or
- When an individual consents to a search (conducted by a business owner, owner's agent, or a licensed private security guard), for probable cause that they unlawfully possess:
An individual:
- Must provide consent immediately prior to a search, upon which, they also have the right to select a witness to be present for the search.
- May not be required to waive consent of the search as a condition of employment.
Nonretaliation
House Bill 1491 also prohibits an employer from adverse action (taken or threatened) against an employee that exercises their rights under the law, such as:
- Denying the use of, or delaying, wages or other amounts owed to an employee;
- Terminating, suspending, demoting or denying a promotion;
- Threatening or taking action on the basis of an employee (or their family member’s) immigration status; or
- Reducing an employee’s:
Next Steps
- Review and update policies and practices on workplace searches.
- Train supervisors and human resources personnel to ensure compliance with House Bill 1491 by July 23, 2023.
Please contact your dedicated service professional with any questions.