Highlights
Impacted Employers:Washington state employers
Effective Dates:The law will take effect on June 11, 2026, but the employer requirements will take effect on October 1, 2026.
Summary:The State of Washington has enacted legislation that adds employer poster and notice requirements and provides guidance related toimmigrant protections.
Next Steps:Review policies, practices and training to ensure compliance with the changes.
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The Details
The State of Washington has enacted legislation (House Bill 2105), the Immigrant Worker Protection Act ("the Act"), which adds employer poster and notice requirements and provides guidance related to immigrant protections. Many employer requirements for House Bill 2105 take effect on Oct. 1, 2026.
Poster Requirements
By Sept. 1, 2026, the attorney general will make available on its website a poster that informs workers of the notice requirements, meets the Act's language requirements, and has space for an employer to provide information on where they will post and communicate notices required by the Act.
An employer must post (and keep posted), in a visible place on their premises where notices to workers are customarily posted, the required poster by Oct. 1, 2026.
Employer Notice Requirements
Notify Workers of Federal Agency Inspections
An employer must, within five business days of receiving notification from a federal agency of an inspection of Forms I-9 and related worker records, provide a written notice to each worker and authorized representative. The employer must:
- Post and maintain the notice through the completion of the inspection in visible places on the employer's premises where such notices are customarily posted; and
- Transmit the notice directly to workers using the typical, primary method of communication (the method must be at least one of the methods listed in the Act).
The notice must include a copy of the notice of inspection from the federal agency and certain information in English and the five most commonly used non-English languages in the state. See the text of the law for further details.
Notify Workers of Federal Agency Inspection Results
Beginning Oct. 1, 2026, within five business days of receiving a written notice of the results of a federal agency's inspection of Forms I-9 and related worker records, an employer must provide to each affected worker (and their authorized representative):
- A copy of the federal agency's written notice;
- The following (which must be written in the language most regularly used to communicate between the employer and the affected worker):
Note: Information provided to a worker must relate to the affected worker only. Additionally, personal information about a worker or their family members, (including names) in a complaint or investigation, is confidential and exempt from public inspection, copying, or disclosure under the law.
The attorney general will post a model employer notice to its website that meets the Act's requirements by September 1, 2026. See the text of the law for further details.
Non-discrimination and Non-retaliation
Under the Act, beginning Oct. 1, 2026, an employer cannot:
- Impose a work authorization verification or reverification requirement greater than those required by federal law;
- Interfere with, restrain, or deny the exercise of any worker's rights provided under or in connection with the Act;
- Use a worker's exercise of their rights under the Act negatively in an employment action such as evaluation, promotion, or termination;
- Subject a worker to discipline for the exercise of any rights provided under the Act, except that an employer may take actions required under state or federal law. See the text of the law for further details.
The Act also does not require an employer to perform Form I-9 self-audits. A Form I-9 self-audit must comply with applicable federal, state and local non-discrimination and non-retaliation laws and collective bargaining agreements. See the text of the law for further details.
Guidance Requirements
The attorney general will:
- Provide guidance on an employer's rights to restrict a federal agency from accessing certain areas and worker records without a subpoena or judicial warrant; and
- Conduct outreach to provide information and guidance on the Act's requirements to businesses through October 1, 2027.
Penalties
Under certain circumstances, beginning Oct. 1, 2026, an employer found to have violated the law may face penalties. See the text of the law for further details.
Next Steps
- Monitor the attorney general's website for the required notice, poster and guidance;
- Train supervisors and HR officers on the requirements under the law; and
- Seek legal counsel in cases of conflicting or invalid provisions of the Act.
Note: If funding for the Act is not provided by June 30, 2026, the Act will be considered null and void.