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CosmicCaptain

Are employers required to pay unemployment insurance in Washington state?

I'm starting a small business in Washington and trying to understand my obligations. Are employers required to pay unemployment insurance for their employees? I've heard conflicting information about when this kicks in and what the requirements are. Does it depend on the number of employees or how much I pay in wages? Any business owners here who can explain how Washington ESD handles this?

Yes, Washington state requires most employers to pay unemployment insurance taxes. You'll need to register with Washington ESD once you meet certain thresholds - typically when you pay $1,000 or more in wages in any calendar quarter, or if you have one or more employees for some portion of a day in each of 20 different weeks during a calendar year.

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Thanks! Do you know what the current tax rates are? And is this something I register for automatically when I get my business license?

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The rates vary based on your industry and experience rating. New employers typically start around 2.7% of taxable wages. You don't register automatically - you need to contact Washington ESD directly to set up your account.

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Been running my landscaping business for 8 years now. The unemployment tax is just part of doing business in Washington. You pay quarterly and Washington ESD sends you the forms. The rate goes up or down based on how many of your former employees file for unemployment benefits.

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That's interesting about the rate changing. So if I have low turnover, my rate stays lower?

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Exactly. If your employees rarely file for unemployment, your experience rating improves and your tax rate decreases. It's an incentive to retain good workers.

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This is why some employers fight unemployment claims so hard. It directly affects their tax rate for future years.

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I tried calling Washington ESD about this last month and couldn't get through to anyone! Their phone system is terrible. Spent 3 hours on hold before giving up. Has anyone found a better way to reach them about employer registration?

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I had the same problem when I was setting up my employer account. Actually found this service called Claimyr (claimyr.com) that helps people get through to Washington ESD faster. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of hold time.

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Never heard of that but I'm desperate at this point. The Washington ESD website says to call but nobody ever answers.

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You can also try their online employer services portal. Sometimes that's faster than calling, though the interface is pretty clunky.

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IMPORTANT: There are some exemptions. Independent contractors typically aren't covered, and certain agricultural workers have different rules. Make sure you understand the difference between employees and contractors because Washington ESD is strict about this.

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Good point. I was planning to use some contractors. What's the main test Washington uses to determine employee vs contractor status?

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Washington uses a multi-factor test looking at control, financial relationship, and type of relationship. If you control how and when the work is done, provide tools/equipment, and the work is integral to your business, they're likely employees for UI purposes.

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Don't forget that employees also contribute to unemployment insurance through payroll deductions. It's not just the employer paying. In Washington, employees pay a small percentage too - I think it's around 0.58% of their wages up to a certain limit.

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Correct, though the employee portion is much smaller than what employers pay. The total unemployment insurance funding comes from both sources.

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wait i thought only employers paid unemployment taxes? my paystub shows a deduction for 'WA UI' though

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Yeah that's the employee contribution. Most people don't realize they're paying into the system too until they look closely at their paystub.

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The penalties for not registering when you should are pretty steep. Washington ESD can assess back taxes, interest, and penalties if they find out you were supposed to be paying unemployment insurance but weren't. Better to register early than deal with that mess later.

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How would they find out? Do they cross-reference with other state agencies?

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Yes, they work with the Department of Revenue, L&I, and other agencies. Plus if any of your workers file for unemployment and list you as their employer, that triggers an investigation.

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Pro tip: When you do register with Washington ESD, make sure you classify your business in the correct industry code (SIC). This affects your initial tax rate significantly. Construction and restaurants have higher rates than office work, for example.

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Is there a list somewhere of these industry codes and their rates?

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Washington ESD publishes an annual rate schedule. You can find it on their website under employer information. The rates change every year based on the trust fund balance.

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my boss tried to avoid paying unemployment insurance by calling us all independent contractors but washington esd caught on when i filed for benefits after getting laid off. now hes in trouble for back taxes and penalties. dont try to cheat the system

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This is exactly why the employee vs contractor distinction is so important. Washington ESD actively audits these situations.

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How did you manage to get benefits if you were classified as a contractor? Did you have to prove you were actually an employee?

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i had to file an appeal and show that my boss controlled my schedule, provided all the tools, and i worked exclusively for him. took a few months but washington esd ruled i was misclassified

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The unemployment insurance system in Washington is actually pretty well-funded compared to other states. During the pandemic, we didn't have to borrow federal money like many states did. The employer contributions over the years built up a decent reserve.

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That's good to know. I remember reading about states that went bankrupt during COVID and had to cut benefit amounts.

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Right, Washington maintained full benefit levels throughout the crisis. The downside is that our employer tax rates tend to be higher than states with lower reserves.

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One thing to watch out for - if you have employees in multiple states, you might need to pay unemployment insurance in each state where you have workers, not just where your business is located. The rules get complicated for multi-state employers.

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Fortunately I'm planning to stay local for now, but good to know for future expansion.

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Yeah, we have remote workers in Oregon and Idaho and have to deal with three different unemployment systems. It's a nightmare.

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For new business owners, I'd recommend talking to an accountant or payroll service. They can help you navigate all the employment taxes including unemployment insurance. The Washington ESD requirements are just one piece of the puzzle.

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Any recommendations for payroll services that handle Washington ESD registration well?

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ADP and Paychex both handle Washington unemployment tax registration as part of their setup process. Smaller local firms can be good too and often provide more personal service.

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Something else to consider - seasonal businesses have special rules. If you only operate part of the year, you still need to register and pay unemployment insurance, but your experience rating calculation might be different.

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This is important for tourist areas in Washington. Lots of seasonal businesses don't realize they still have obligations during their off months.

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Do seasonal workers get different unemployment benefits? I work summers only at a resort.

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Seasonal workers can still qualify for regular unemployment benefits between seasons, as long as they meet the work and wage requirements during their base period.

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Just to follow up on the Claimyr thing I mentioned earlier - I used them again last week to reach Washington ESD about a wage report question. Still works great for getting through their phone system quickly. Really saves time compared to sitting on hold.

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How much does something like that cost? Seems like it might be worth it for business owners who need to deal with Washington ESD regularly.

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I don't want to quote prices since they might change, but it's reasonable compared to the value of your time. Check their website for current rates.

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Don't forget about the quarterly wage reporting requirements once you register. You have to report all wages paid to employees each quarter, even if you don't owe any unemployment tax that quarter.

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Is that the same form as the tax payment or separate?

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It's combined - the quarterly report includes both the wage information and any tax owed. Due 30 days after the end of each quarter.

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The Washington ESD employer handbook is actually pretty comprehensive if you can find it on their website. Covers all the registration requirements, tax calculations, and reporting obligations in detail.

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I tried looking for that but their website is confusing. Do you have a direct link?

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I don't have the exact URL memorized, but if you go to esd.wa.gov and look under 'Employer Information' it should be there. The site organization isn't great unfortunately.

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Just wanted to add that the unemployment insurance requirements apply even if you're a sole proprietorship or LLC. The business structure doesn't matter - if you have employees, you need to register with Washington ESD.

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Good to know. I was wondering if my LLC status would exempt me somehow.

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The only exemption for business owners is if you're the sole owner and don't have any employees. Then you don't pay unemployment insurance on yourself.

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Thanks everyone for all the detailed information! This has been incredibly helpful. It sounds like I definitely need to register with Washington ESD once I hit those wage thresholds. I'm planning to start with just 2-3 employees, so I'll likely cross the $1,000 quarterly wage threshold pretty quickly. The experience rating system is really interesting - gives me extra motivation to be a good employer and retain workers. I'll probably go with a payroll service to handle the registration and quarterly reporting since there seem to be so many details to track. Really appreciate everyone sharing their experiences, especially about the phone system issues and workarounds!

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