WATCH: Striking workers add to deficit risk for Washington jobless fund

That number could soon climb dramatically, as striking workers at Hilton’s Embassy Suites in Seattle’s Pioneer Square have also reportedly applied for benefits, though ESD told The Center Square they can't confirm individual applicants or affected employers.

Elizabeth New, from the Center for Worker Rights at the nonpartisan free-market think tank Washington Policy Center, wrote a recent blog about the new law that allows union workers who walk off the job on their own and tap into uninsurance benefits, the same as people who got laid off through no fault of their own.

“Unemployment insurance benefits are for people who lose work through economic downturns, or a business going under. It's offensive to me that people choosing not to work are taking money from an account meant for people who need to be cared for when job loss happens,” New told The Center Square.

“Employers should not be paying workers to strike against them,” she added.

Democrats who backed the legislation said the goal was to give striking union workers, in particular those who don’t make a lot of money, a way to still pay rent and buy food when they are not getting a regular paycheck. 

Workers on strike are eligible for up to six weeks of benefits.

During the 2025 debate on Senate Bill 5041 Sen. Marcus Riccelli, D-Spokane, proposed to provide those on the picket line with up to 12 weeks of unemployment, but House Democrats wanted only four. Six weeks was settled upon.

“Striking is a last resort, and this bill will help level the playing field for workers trying to exercise their right to collectively bargain for fair wages and safe workplace conditions,” Riccelli said last year following the bill's passage into law.

“Affordability is one of the top issues for people in my district. This legislation will help make sure people who do important jobs and important work have fair pay, good benefits and safe work conditions.”

Republicans, none of whom supported the bill, argued the legislation unfairly tilts the bargaining table toward striking workers at their employer’s expense.

They argued the policy could lead to more costly negotiations due to the leverage workers gain under this bill.

Unions argued that the benefits were needed for members who are fighting for better work conditions.

“Workers joining together in union and collectively bargaining to improve working conditions is as American as apple pie,” said April Sims, President of the Washington State Labor Council, AFL-CIO, after the bill became law.

“But with stagnant wages and a rising cost of living, many workers don’t have a safety net if they are pushed to strike. Providing (benefits) for striking workers will level the playing field by encouraging employers to bargain in good faith and making it harder for bad bosses to starve workers out."

Now, state projections show benefit payments outpacing employer tax collections. New at WPC says that could lead to solvency issues in the very near future and trigger additional employer taxes to rebuild the fund, which could affect hiring, wages and opportunity for workers.

ESD will submit its first annual report on strike-related unemployment claims and their effect on the trust fund by the end of 2026.

New said ultimately there is no incentive for striking workers to end a walkout sooner, when they’re getting a paycheck to hold a sign on the picket line.

“It does allow employees to be on strike longer to try to have their demands met. And when this debate was going on in the legislature supporters of the new law were saying it would be rarely used. They said it’s not going to make strikes last longer. That’s clearly not the case,” New said.

The vast majority of new claims for unemployment are not being made by striking union workers.

ESD processes more than 4,500 initial claims for unemployment insurance benefits each week in Washington.

Washington's unemployment rate of 5.2% is the 4th highest rate in the nation.