Washington state has adopted a new employment standards rule clarifying worker protections related to immigration related coercion in the workplace. The rule implements SSB 5104 and updates Chapter 296 128 WAC to further define prohibited conduct and enforcement processes.
Under the new rule, employers are prohibited from coercing employees based on real or perceived immigration status. This includes explicit or implicit communication about an employee or their family member’s immigration status that is intended to deter the employee from engaging in protected activities or exercising rights under state labor and employment laws. Covered rights include those related to wages, hours, discrimination protections, and timely payment of compensation.
Employees who believe they have experienced immigration-related coercion may file a complaint with the Washington State Department of Labor and Industries within 180 days of the alleged action. The law allows for enforcement when violations are found.
SSB 5104 was enacted during the 2025 legislative session and became effective July 1, 2025. The associated rulemaking was formally adopted through a CR 103 process and takes effect March 6, 2026.
WR encourages employers to review the adopted rule language and explanatory materials to ensure workplace policies and practices align with the clarified requirements.
