Washington Employers Must Navigate New Immigrant Worker Protection Act Rules

Washington employers are now facing new requirements under the Immigrant Worker Protection Act, which went into effect on October 1, 2026. This law introduces specific rules regarding workplace posters and written notifications to employees in connection with federal employment record inspections. Understanding and adhering to these regulations is essential for all businesses operating in Washington, regardless of size.

The Immigrant Worker Protection Act applies to both public and private sector employers that have at least one employee working in Washington. This includes state agencies, local government entities, and municipal corporations. The core of the new requirements revolves around displaying a state-mandated poster and providing timely written notices to employees and their representatives when federal agencies initiate an inspection of Form I-9 records. Failure to comply can result in significant financial penalties.

Displaying the Required State Poster

A key component of the Immigrant Worker Protection Act is the requirement for employers to display a specific poster from the Washington State Attorney General’s Office. This poster must be placed in a location where workplace notices are typically posted. It is not enough to display it only when an inspection is imminent; the poster must remain visible throughout the entire duration of a federal workplace inspection. This duty to display the poster begins even before any inspection notice is received.

The state attorney general’s office provided the official poster, along with model notices and guidance documents, on September 1, 2026. These materials are available in multiple languages, including English, Spanish, Mandarin, Russian, Ukrainian, and Vietnamese, to assist employers in meeting their communication obligations. Employers should ensure they are using the most current version of the poster and displaying it prominently.

First Notice: Responding to a Federal Inspection Notice

When a federal agency issues a Notice of Inspection for Form I-9 records, employers have a strict deadline to inform their employees. Within five business days of receiving this federal notice, employers must provide a written notification to all affected workers and any relevant union representatives. This initial notice must contain specific information, including the name of the agency issuing the notice, the date the employer received it, and a list of the records being requested.

Furthermore, if the employer knows the purpose of the inspection, that information must also be included in the notice. Crucially, the notice must also provide contact details for a statewide organization that assists immigrants and refugees. The employer must use its primary method of communication to deliver this notice, which can include hand delivery, mail with proof of delivery, email with proof of transmission, or text message with proof of transmission. The notice must be provided in English and the five most commonly used non-English languages in Washington: Spanish, Mandarin, Russian, Ukrainian, and Vietnamese.

Second Notice: Communicating Inspection Results

A second, distinct notification requirement is triggered once the employer receives the written results of the federal inspection. Within five business days of obtaining these written results, employers must again provide a notice to affected workers and their representatives. This second notice must include a copy of the federal results notice.

The content of this second notice is also specific. It needs to clearly explain the obligations of both the employer and the worker. Additionally, it must detail any deficiencies found during the inspection, outline the period allowed for corrections, describe options for meetings with the employer, and inform workers of their right to representation. Like the first notice, this communication should be provided in the required languages and through the employer’s primary communication channels, with proof of transmission maintained.

Penalties for Non-Compliance

The Immigrant Worker Protection Act includes financial penalties for employers who fail to meet these notification requirements. An employer found to be in violation of the notice provisions can face statutory damages of $500 for each instance of non-compliance. This amount can be doubled if the violation is deemed willful. Beyond financial penalties, the law also prohibits employers from interfering with or retaliating against employees who exercise their rights under this act.

To ensure compliance, employers are advised to review and update their posting practices, notice templates, and internal protocols for responding to federal inspections. Assigning clear responsibility for these tasks to specific staff members and providing training to human resources personnel and managers on the new deadlines and requirements is also recommended. Documenting all postings and transmissions is a critical step in demonstrating compliance.

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