SB 5852 — Concerning immigrant worker protections.

and (iv) Contact information for a statewide organization that provides information and advocacy related to immigrant and refugee rights, which must be identified and approved by the attorney general for purposes of this requirement.

(3) An employer may use the model notice under section 3(1)(b) of this act for purposes of subsection (2) of this section.

If an employer uses the model notice in accordance with the instructions p.

4 SSB 5852 provided by the attorney general, then the employer has satisfied the requirements of subsection (2) of this section for purposes of any action under section 9 or 10 of this act.

(4) The employer shall provide the notice required under this section by:

(a) Posting and maintaining the posting through the completion of the inspection in conspicuous places on the premises of the employer where notices to workers are customarily posted;

and (b) Transmitting the notice directly to workers using the primary method of communication typically used by the employer, which must include at least one of the following:

Hand delivery to the worker;

mail with proof of delivery;

email with proof of transmission;

or text message sent telephonically, which may include a link to a notice maintained on a web page, with proof of transmission.

Acceptable forms of proof of transmission or delivery, which are rebuttable include, but are not limited to:

Mail with proof of sending;

dated electronic transmission;

posting with time-stamped photographs;

or other reasonable records maintained in the ordinary course of business to demonstrate notice to workers of employment related matters.

NEW SECTION.

Sec.

6.

(1) Within 72 hours of its receipt of a written notice of results of an inspection of I-9 forms and any related worker records by a federal agency, an employer shall:

(a) Provide to each affected worker and the worker's authorized representative, if any, a copy of the written notice from the federal agency;

(b) Provide to each affected worker and the worker's authorized representative, if any, a written notice of the obligations of the employer and the affected worker arising from the results of the inspection of I-9 forms and any related worker records, which must be written in the language most regularly used to communicate between the employer and the affected worker;

and (c) Provide to each affected worker and the worker's authorized representative, if any, the following information, which must be written in the language most regularly used to communicate between the employer and the affected worker:

(i) A description of any deficiencies or other items identified in the written immigration inspection results notice related to the affected worker;

53 SSBSB 5852 (ii)(iii) The timenature periodof forthe correctinginspection anyto potentialthe deficienciesextent identifiedknown by the federalemployer; agency;

(iii)(iv) TheA timecopy andof datethe notice of anyinspection meetingof withI-9 forms for the employerinspection to correctbe anyconducted; identified deficiencies;

and (iv)(v) NoticeContact thatinformation, prescribed by the workerattorney hasgeneral, thefor righta tostatewide representationorganization duringthat anyprovides meetinginformation scheduledand advocacy related to immigrant and refugee rights, with theaccess employer.to interpretation;

(2)(b) TheMaking informationa providedreasonable attempt to theindividually workerdistribute undernotifications this section must relate to theall affectedworkers workerby onlyhand and musttelephonically; be redacted in compliance with any applicable state and federal laws.

(3)and The(c) employerProviding shallwritten transmitnotice the information required by this section to the affectedworkers' worker and the worker's authorized representativerepresentatives, usingif theany. primary method of communication typically used by the employer, which must include at least one of the methods identified under section 5(4)(b) of this act.

(4) ThisWithin section72 doeshours notof modifyreceiving notification of any inspections of I-9 forms or limitother worker records conducted by a collectivefederal bargainingagency, agreementemployers requiringmust shortersend timewritten framesnotices forto athe noticelast thanknown thoseaddresses providedof underall thisworkers section.employed by the employer in the last three years.

The written notice must include all the same information required to be included in the posted notice to all current workers, including the name of the federal agency which will be conducting the inspections of I-9 forms or other worker records.

(5) On or before July 1, 2026, the attorney general shall develop and provide a template posting that employers may use to comply with the requirement to inform workers of a notice of inspection to be conducted of I-9 forms or other worker records conducted by a federal agency.

The posting must be available on the attorney general's website so that it is accessible to any employer.

The attorney general shall make the template available in English and in each of the five most commonly used non-English languages in the state.

(6) An employer must provide to each current affected worker, and to the worker's authorized representative, if any, a copy of the written notice from the federal agency that provides the results of the inspection of I-9 forms or other worker records within 72 hours of its receipt of the notice, unless a shorter timeline is provided for under federal law or a collective bargaining agreement.

Within 72 hours of its receipt of this notice, unless a shorter timeline is provided for under federal law or a collective bargaining agreement, the employer must also provide to each affected worker, and to the affected worker's authorized representative, if any, written notice of the obligations of the employer and the affected worker arising from the results of the inspection of I-9 forms or other worker p.

4 SB 5852 records.

The notice must relate to the affected worker only and must be redacted in compliance with state and federal privacy laws.

The employer must notify the worker in person and deliver the notification by hand.

If hand delivery is not possible, then the employer must notify the worker by mail and email, if the email address of the worker is known, and must notify the worker's authorized representative, if any.

The employer must also notify the worker telephonically.

The notice must contain the following information:

(a) A description of any and all deficiencies or other items identified in the written immigration inspection results notice related to the affected worker;

(b) The time period for correcting any potential deficiencies identified by the federal agency;

(c) The time and date of any meeting with the employer to correct any identified deficiencies;

and (d) Notice that the worker has the right to representation during any meeting scheduled with the employer.

7.4.

(1) Employers are not required by law to perform form I-9 self-audits.

(2) An employer mayshall not impose work authorization verification or reverification requirements greater than those required by federal law.

8.5.

On or before July 1, 2026, the attorney general shall issue guidance clarifying employers' rights to restrict access to nonpublic areas in a place of labor.

The guidance shall be available on the attorney general's website so that it is accessible to any employer.

The attorney general shall make the guidance available in English and in each of the five most commonly used non- English languages in the state.

NEW SECTION.

Sec.

6.

(1) Except as otherwise required by federal law, and except as provided in subsection (2) of this p.

5 SB 5852 section, an employer, or a person acting on behalf of the employer, may not provide voluntary consent to federal agencies to access, review, or obtain the employer's worker records without a subpoena or judicial warrant.

This section does not prohibit an employer, or person acting on behalf of an employer, from challenging the validity of a subpoena or judicial warrant in a federal district court.

(2) This section does not apply to I-9 forms and other documents for which a notice of inspection has been provided to the employer.

NEW SECTION.

Sec.

7.

This means an employer may not use a worker's exercise of any of the rights provided under this chapter as a negative factor in any employment action such as evaluation, promotion, or termination, or otherwise subject a worker to discipline for the exercise of any rights provided under this chapter,chapter. except that an employer is not prohibited from taking actions required by state or federal law.

p.(2) It is unlawful for an employer to take any adverse action against a worker because the worker has exercised their rights provided under this chapter.

6 SSB 5852 (2) It is unlawful for an employer to take any adverse action against a worker because the worker has exercised their rights provided under this chapter.

(a) Denying access to, or delaying payment for, minimum wages, agreed or obligated wages, overtime wages, paid sick leave, piece rate compensation, commissions, nondiscretionary compensation or bonuses, all tips and gratuities, and all service charges, except those service charges itemized as not being payable to the workeremployee or workersemployees servicing the customer;

(c) Reducing the number of work hours for which the workeremployee is scheduled;

(d) Altering the worker'semployee's preexisting work schedule;

(e) Reducing the worker'semployee's rate of pay;

or (f)p. Threatening to take, or taking action, based upon the immigration status of a worker or a worker's family member.

6 SB 5852 (f) Threatening to take, or taking action, based upon the immigration status of an employee or an employee's family member.

9.8.

(1) The attorney general hasmay theinvestigate authoritycomplaints to:and enforce sections 3 through 7 of this act, including by conference and conciliation.

(a)The Resolveattorney allegedgeneral violationsmay: of this chapter through conference and conciliation;

(b)(a) Investigate potential violations of this chapteract on its own initiative or in response to complaints;

and (c)(b) Issueissue written civil investigative demands for documents,documents and oral testimony, and answers to written interrogatories.

(2) Any personal information about athe worker or athe worker's family member,members, including names, in a complaint or investigation is confidential and exempt from public inspection, copying, or disclosure under chapter 42.56 RCW.

(2) An employer who violates any provision of sections 3 through 7 of this act is subject to penalties, recoverable by the attorney general, for civil enforcement expenses.

(a)(i) The minimum base penalty to the attorney general for a first violation of any provision of sections 3 through 7 of this act is $2,000 times the number of Washington-based workers the employer employs at the time of the violation.

Each Washington-based worker counts as one worker for the purposes of determining the penalty multiplier, regardless of whether that worker works full time or part time.

(ii) If the attorney general determines that the first violation of a provision of sections 3 through 7 of this act was a willful violation, the penalty to the attorney general's civil enforcement expenses increases to $5,000 times the number of Washington-based workers the employer employs at the time of the violation.

(b) On a second or subsequent violation of a provision of sections 3 through 7 of this act, the base penalty to the attorney general's civil enforcement expenses is double the penalty assessed for the previous violation, or $10,000 times the number of Washington-based workers the employer employs at the time of the violation, whichever is higher.

(3) The attorney general may pursue legal action to enjoin violations of this act, obtain the penalty outlined in this section, and seek any other appropriate relief at law or equity including actual damages and any reasonable costs and attorneys' fees.

7 SSBSB 5852 (3)(4) TheIn addition to enforcement conducted by the attorney generalgeneral, maya pursueworker, legalformer actionworker, inor thea nameperson otherwise believed to be injured by a violation of theany stateprovision toof enjoinsections violations3 through 7 of this chapter,act or an organization whose membership includes any such person may enforce this act through a private cause of action in superior court to enjoin further violations and obtainrecover actual damages,damages statutorytogether damages,with reasonable attorneys' fees and costs and any other appropriateequitable relief at law or equity,appropriate plusremedy reasonableauthorized attorneys'by feesstate andor costs.federal law.

(a)If Forthe eachcourt violationfinds ofthat athe noticerespondent requirementhas inviolated section 5 or 6 of this act,chapter, theit court shall orderaward thedamages employerup to payand statutoryincluding damagesan toamount theequal attorneyto generalactual indamages, theor amountstatutory ofdamages $1,000equivalent forto each80 instancetimes where the employerhourly failedWashington tostate provideminimum awage noticeas satisfyingdefined thein requirementsRCW of49.46.020, sectionper 5plaintiff orper 6violation, ofwhichever thisis actgreater. to a worker.

The court shall double the statutory damages if it finds that the violation was willful.

(b) The court may waive or reduce the statutory damages under this section if the employer's violation was inadvertent, if the violation did not result in actual harm, and if the employer made prompt and good faith efforts to correct the violation.

10.9.

AIn worker,accordance formerwith worker,state orand afederal personlaw, injurednothing byin athis violationchapter ofmay thisbe chapterinterpreted, construed, or anapplied organizationto whoserestrict membershipor includeslimit anyan suchemployer's personcompliance maywith bring a privatememorandum cause of actionunderstanding ingoverning superiorthe courtuse toof enjointhe furtherfederal violations,E-Verify recoversystem damages, and seek any other equitable relief or appropriatewith remedyfederal authorizedlaw byand stateregulations orregarding federalemployers' law,verification plusof reasonableworker's attorneys'employment feesauthorization. and costs.

If the court finds that an employer has violated this chapter, it shall award damages up to and including an amount equal to actual damages, or statutory damages equivalent to 80 times the hourly Washington state minimum wage as defined in RCW 49.46.020 per plaintiff per violation, whichever is greater.

11.10.

ThisIf chapterany mayprovision notof bethis interpreted,act construed, or appliedits application to restrictany person or limitcircumstance anis employer'sfound complianceto be in conflict with aany memorandumother offederal understandingor governingstate law or otherwise held invalid, the useconflicting ofor invalid provision is inoperative solely to the federalextent E-Verifyof systemsuch conflict or withholding federaland lawthe andremainder regulationsof regardingthe employers'act verificationor the application of workers'the authorization.provision to other persons or circumstances is not affected.

No section of this act is intended to limit or prohibit any employer from complying with any other state or federal law.

12.11.

If any provision of this chapter or its application to any person or circumstance is found to be in conflict with any other federal or state law or otherwise held invalid, the conflicting or invalid provision is inoperative solely to the extent of such conflict or holding and the remainder of the chapter or the application of the provision to other persons or circumstances is not p.

8 SSB 5852 affected.

This chapter is not intended to limit or prohibit any employer from complying with any other state or federal law.

NEW SECTION.

Sec.

13.

NEWp. SECTION.

8 SB 5852 NEW SECTION.

14.12.

15.13.

Sections 1 through 1411 of this act constitute a new chapter in Title 49 RCW.

16.14.

SectionsThis 4act throughis 10necessary for the immediate preservation of thisthe actpublic takepeace, effecthealth, Octoberor 1,safety, 2026.or support of the state government and its existing public institutions, and takes effect immediately.

9 SSBSB 5852