ESD adopts emergency rule requiring striking workers to perform approved work searches

The Employment Security Department adopted an emergency rule that requires people filing unemployment insurance while on strike to perform approved work‑search activities, agency officials said.

"After some consultation with USDOL ... the agency adopted emergency rules to ... bring that in line with USDOL's current reading of the Social Security Act," Josh Dye, government relations director, said. He told the committee the emergency requirement took effect for the benefit week starting Aug. 21.

Stephanie Frazee of the department's rulemaking team said the agency has taken multiple filings to finalize related rules. On the State WARN Act documentation rule the department filed a CR103 on Sept. 9; Frazee said the final rule will become effective Oct. 10. She added that the department filed a CR103 on Sept. 8 to update WAC 192‑180‑0005 (registration for work) with an effective date of Oct. 9 and filed a CR101 on Sept. 1 to begin permanent rulemaking for the strike work‑search requirement.

The department said the emergency rule responds to federal interpretation and aims to clarify claimant obligations and system notifications; the committee had no questions after the presentation.

Next steps: the agency will pursue the permanent rulemaking track while the emergency rule remains in force and will notify claimants and update online guidance to reflect the new work‑search expectations.