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Wednesday, November 26, 2025

Oregon and Washington Will Allow Unemployment Benefits for Striking Employees Starting in 2026: Key Takeaways for Employers - JD Supra

Oregon and Washington just became the latest states to make striking employees eligible for unemployment compensation benefits. This marks a major policy shift for both states – especially for Washington, which currently disqualifies both striking workers and locked-out workers for benefits. We’ll explain everything you should know about the new laws that could disrupt labor negotiations and union dynamics in the Pacific Northwest and how this growing trend is evolving across the country.

Quick Background

  • Unemployment insurance (UI) is a joint state-federal program that pays temporary cash benefits to qualifying unemployed workers. All states must comply with certain guidelines under federal law, but each state administers its own UI program and sets its own additional requirements.
  • Most states treat striking employees as disqualified from receiving UI benefits, but many make exceptions for other types of labor disputes. For example, UI is available during lockouts (those work stoppages initiated by the employer) in many states.
  • Until now, New Jersey and New York were the only two states that allowed striking workers to receive UI benefits. However, Oregon and Washington recently enacted similar laws that take effect in 2026, as we’ll break down for each state below.
  • The new laws in Oregon and Washington could impact employers in significant ways. For example, strikes could last longer, as employees and unions may be disincentivized to end a strike once unemployment...


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