Revised Code of Washington
Wash. Rev. Code § 50.40.010 (2026)
Waiver of rights void
✓ current as of May 2026
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(1) Any agreement by an individual to waive, release, or commute his or her rights to benefits or any other rights under this title shall be void.
(2) Any agreement by an individual in the employ of any person or concern to pay all or any portion of an employer's contributions, required under this title from such employer, shall be void.
(3) No employer shall directly or indirectly make or require or accept any deduction from remuneration for services to finance the employer's contributions required from him or her, or require or accept any waiver of any right hereunder by any individual in his or her employ.
(4) A person violating this section is guilty of a gross misdemeanor.
[ 2003 c 53 s 281; 1945 c 35 s 182; Rem. Supp. 1945 s 9998-321. Prior: 1943 c 127 s 11; 1941 c 253 s 12; 1939 c 214 s 13; 1937 c 162 s 15.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1993–2021 · leading case: Shoreline Cmty. Coll. Dist. No. 7 v. Emp. Sec. Dep't, 842 P.2d 938 (Wash. 1993).
Shoreline Cmty. Coll. Dist. No. 7 v. Emp. Sec. Dep't, 842 P.2d 938 (Wash. 1993). “In support of this argument, the Department cites RCW 50.40.010 of the Act. This statute provides that: Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this title shall be void.”
Peninsula Sch. Dist. No. 401 v. Pub. Sch. Employees, 924 P.2d 13 (Wash. 1996). “More specifically, the court held that a teacher could not waive his right to unemployment benefits in violation of RCW 50.40.010 via a formula set forth in a collective bargaining agreement.”
Peninsula Sch. Dist. v. Pub. Sch. Emp., 924 P.2d 13 (Wash. 1996). “More specifically, the court held that a teacher could not waive his right to unemployment benefits in violation of RCW 50.40.010 via a formula set forth in a collective bargaining agreement.”
Maria Sherry, V. Dept. Of Emp. Sec. (Wash. Ct. App. 2021). “010(1) voids any employment agreement that requires an employee to waive their statutory rights to benefits. It provides that “[a]ny agreement by an individual to waive, release, or commute his [or her] rights to benefits or any other rights under this title shall be void.”
— Wash. Rev. Code § 50.40.010(1) — 1 case
Maria Sherry, V. Dept. Of Emp. Sec. (Wash. Ct. App. 2021). “010(1) voids any employment agreement that requires an employee to waive their statutory rights to benefits. It provides that “[a]ny agreement by an individual to waive, release, or commute his [or her] rights to benefits or any other rights under this title shall be void.”
— Wash. Rev. Code § 50.40.010(2) — 1 case
Maria Sherry, V. Dept. Of Emp. Sec. (Wash. Ct. App. 2021). “010(1) voids any employment agreement that requires an employee to waive their statutory rights to benefits. It provides that “[a]ny agreement by an individual to waive, release, or commute his [or her] rights to benefits or any other rights under this title shall be void.”
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