Quick Hits
- Washington State’s Immigrant Worker Protection Act requires employers to provide workers with notice of federal Form I-9 inspections and inspection results and to post a workplace rights notice.
- All Washington employers with at least one worker, including state and local government entities, are covered and must provide each notice within five business days of receiving the relevant federal notice and post the attorney general’s workplace poster.
- The rules take effect on October 1, 2026.
Covered Employers
The act covers every private or public employer that employs one or more workers in Washington, including the state, state agencies, political subdivisions, and municipal corporations.
Before a Form I-9 Inspection
Within five business days after receiving a federal agency notice of an inspection of Form I-9 records or related worker records, employers must give written notice to each worker and the worker’s authorized representative, if any. The notice to the employee must include:
- a copy of the federal notice of inspection;
- the federal agency’s name;
- the date the employer received the notice;
- the types of records sought and any other identified purposes of the inspection, to the extent known; and
- contact information for a statewide organization identified and approved by the attorney general that provides information and advocacy related to immigrant and refugee rights.
Employers are required to post and maintain the notice conspicuously on the premises where notices to workers are customarily posted through completion of the inspection. The communication to the employee must have proof of transmission, either through hand delivery, mail, email, or text message.
After a Form I-9 Inspection
Within five business days after receiving written Form I-9 inspection results, employers must provide each affected worker and the worker’s authorized representative with the following documentation:
- a copy of the federal agency’s written results;
- a written notice of the employer’s and worker’s obligations arising from the results; and
- a description of the worker’s deficiencies or other items identified in the results, the period for correcting potential deficiencies, a mutually agreed meeting date and time or options within that period and notice of the worker’s right to representation at any meeting.
Employers are required to limit all information to each individual worker and redact other workers’ personal information. The communication to the employee must have proof of transmission, either through hand delivery, mail, email, or text message.
Workplace Posting
Every Washington employer must conspicuously post and keep posted the attorney general’s workplace poster describing workers’ rights under the act.
Enforcement and Penalties
The attorney general may investigate violations and seek injunctions and damages. For each failure to provide a required notice to a worker, a court must order $500 in statutory damages payable to the attorney general, doubled for a willful violation. A worker, former worker, person injured by a violation, or organization whose membership includes any such person may bring a private action in superior court for injunctive relief and damages.
Next Steps
To prepare for the requirements taking effect on October 1, 2026, Washington employers may want to take the following steps:
- Assigning responsibility for the two notice requirements, each due within five business days, and creating a Form I-9 inspection response checklist
- Preparing notice templates and delivery procedures that preserve proof of transmission
- Training HR and managers on worker protections and reviewing verification and reverification practices for compliance with federal requirements
Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will provide updates on the Immigration and Washington blogs as additional information becomes available.
Follow and Subscribe
LinkedIn | Instagram | Webinars | Podcasts
