Despite federal discouragement of state-level regulation of artificial intelligence (“AI”) technologies, AI regulation in various domains, including the workplace, remains a top priority for Washington lawmakers.
The Washington Legislature began its 2026 Regular Session on January 12, 2026, which is scheduled to run for 60 days through March 12, 2026. Below are two examples—HB 2144 and SHB 1672—that provide insight into potential future regulation of employers’ ability to monitor employees using AI.
- HB 2144 would require advance written notice to employees before implementing AI tools or other forms of “electronic monitoring” to assist in performance evaluations. Notice requirements would vary depending on the time of hire, or time of implementing the use of electronic monitoring. The act would establish a private right of action for failing to provide the required notice.
- SHB 1672 would create restrictions on how and when private employers may electronically monitor employees, how employers use automated decision systems, such as facial, gait, or emotion recognition technology in employment-related decisions, and would also impose notice requirements to employees when collecting employees’ personal data. Last year, HB 1672 did not make it out of the House of Representatives, but the substitute bill was reintroduced in the 2026 session, demonstrating a push for heightened regulation of employers’ collection and use of data concerning employee activity.
While these proposals are not yet laws, they are consistent with the AI and privacy regulation trends of other states such as New York and California and signal what future Washington regulations might look like when it comes to using AI or automated decision systems in the context of monitoring employees.
If you are currently using AI in the workplace, it is critical that you formulate appropriate workplace policies and implement AI-related training. Please contact Williams Kastner’s Labor & Employment Team if you would like assistance reviewing current workplace policies or preparing updated AI-related policies.