Washington Enacts New Protections Against Workplace Coercion Based on Immigration Status

Effective July 1, 2025, Washington State will protect employees from coercion based on immigration status. Specifically, Senate Bill 5104 prohibits employers from exploiting a worker’s immigration status in furtherance of the employer’s violating wage payment, condition of labor, or agricultural labor requirements. “Coercion” is defined as a threat to compel or induce a person to engage in conduct from which they have the right to abstain, or to engage in conduct in which they have the legal right to engage. A “threat” is defined as a communication, whether implicit or explicit, pertaining to the immigration status of the employee or their family member where the threat is made to deter the employee from engaging in protected activities or protecting their rights under certain Washington statutes and related regulations pertaining to minimum wage, wage payment, condition of labor, or agricultural labor. The amendment does not include definitions of “protected activities” or specify which relations qualify as a “family member.”

Workers who believe they experienced employer coercion on the basis of immigration status may file a complaint with the Department of Industries (“Department”) within 180 days of the alleged coercive action. If, during an investigation of any other complaint, the Department discovers information that suggests an employer has coerced an employee based on immigration status, the Department may investigate and take appropriate enforcement action without requiring the employee to file a new or separate complaint.

Violations of the statute carry escalating civil penalties of up to $1,000 for a first offense, $5,000 for a second, and $10,000 for each subsequent violation.

*This article was also published in Wolters Kluwer.