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H-3182.1 SUBSTITUTE HOUSE BILL 2105 State of Washington 69th Legislature 2026 Regular Session By House Labor & Workplace Standards (originally sponsored by Representatives Ortiz-Self, Mena, Farivar, Cortes, Berry, Ramel, Fosse, Parshley, Ryu, Stearns, Doglio, Simmons, Peterson, Reed, Obras, Santos, Zahn, Fitzgibbon, Street, Wylie, Scott, Thomas, Duerr, Stonier, Gregerson, Ormsby, Callan, Goodman, Reeves, Thai, Macri, Bergquist, Salahuddin, Hill, Davis, and Pollet;
Z-0505.2 HOUSE BILL 2105 State of Washington 69th Legislature 2026 Regular Session By Representatives Ortiz-Self, Mena, Farivar, Cortes, Berry, Ramel, Fosse, Parshley, Ryu, Stearns, Doglio, Simmons, Peterson, Reed, Obras, Santos, Zahn, Fitzgibbon, Street, Wylie, Scott, Thomas, Duerr, Stonier, Gregerson, Ormsby, Callan, Goodman, Reeves, Thai, Macri, Bergquist, Salahuddin, Hill, Davis, and Pollet;
by request of Attorney General) READ FIRST TIME 01/28/26.
by request of Attorney General Prefiled 12/08/25.
Read first time 01/12/26.
Referred to Committee on Labor & Workplace Standards.
creating a new section;
and providing an effective date.
and declaring an emergency.
(3) The legislature finds that employers could benefit from clarity about their rights and responsibilities when engaging with federal agencies that conduct form I-9 inspections.
(3) The legislature finds that employers could benefit from clarity about their rights and responsibilities when engaging with federal agencies that conduct form I-9 audits.
1 SHB 2105 (4) The legislature finds that protecting Washingtonians who are abiding by our state laws and keeping families together is an urgent statewide priority.
1 HB 2105 (4) The legislature finds that protecting Washingtonians who are abiding by our state laws and keeping families together is an urgent statewide priority.
(5) The legislature therefore intends to require Washington employers to provide notice to workers in the event of a form I-9 inspection and provide additional protections and support for workers and employers.
(5) The legislature therefore intends to require Washington employers to provide notice to workers in the event of a form I-9 audit and provide additional protections and support for workers and employers.
Officials from the United States department of homeland security, department of justice immigrant and employee rights section or its successor, and department of labor are included in this definition when on duty.
Officials from the United States department of homeland security, department of justice immigrant and employee rights section or its successor, and department of labor are presumed to be included in this definition when on duty.
1324a(b) to verify the identity and work authorization of employees or any successor form used by employers for the same purposes under federal law.
1324a(b) to verify the identity and employment authorization of employees.
2 SHB 2105 (7) "Worker records" means documentation that includes a worker's first name or first initial and last name in combination with any one or more of the following data elements:
2 HB 2105 (7) "Worker records" means documentation that includes a worker's first name or first initial and last name in combination with any one or more of the following data elements:
(8) "Worker's authorized representative" means an exclusive collective bargaining representative.
(8) "Worker's authorized representative" means an exclusive collective bargaining representative or a third party designated by the worker.
(1) By September 1, 2026, the attorney general shall develop and make available on its website the following:
(1) By July 1, 2026, all employers must post a notice about worker rights under this act and keep it posted in a conspicuous place where other required employment posters are posted.
(a) A poster for employers to inform workers of the notice requirements in sections 5 and 6 of this act in English and the five most commonly used non-English languages in the state.
The attorney general shall create a poster that will include space in which an employer must provide information on where they will post notices required under this act.
The poster must include space for an employer to provide information on where they will post notices and otherwise communicate notices required under sections 5 and 6 of this act;
The attorney general shall make the poster available on its website and may make the poster available in other formats.
and (b) A model notice for employers to use for complying with the notice requirement under section 5 of this act in English and the five most commonly used non-English languages in the state.
(2) An employer must, within 72 hours of receiving notification from a federal agency of any inspections of I-9 forms or worker records, provide a notice to each worker and the worker's authorized representative.
The model notice must:
(3) The employer must provide notice of the upcoming inspection by:
(i) Include either a template or itemized options, or both, for the employer to identify the following elements without requiring the use of translation services:
(a) Posting a notice in a conspicuous and accessible location, in each of the five most widely used non-English languages in the state.
(A) The name of the federal agency that will be conducting the inspection;
The posted notice must contain the following information:
(B) the date that the employer received notice of the inspection;
(i) The name of the federal agency which will be conducting the inspections of I-9 forms or other worker records;
and (C) the types of records sought and any other identified purposes of the inspection;
(ii) Allow for the employer to include, attach, or otherwise provide a link to a copy of the notice of inspection;
and p.
3 SHB 2105 (iii) Include contact information for a statewide organization that provides information and advocacy related to immigrant and refugee rights;
and (c) Guidance describing employers' rights to restrict a federal agency from accessing nonpublic areas in a place of labor and from accessing or obtaining certain worker records without a subpoena or judicial warrant, which must be in English and the five most commonly used non-English languages in the state.
(2) Through October 1, 2027, the attorney general shall conduct outreach to businesses, employers, and community members to provide information and guidance on the requirements of this chapter.
NEW SECTION.
Sec.
4.
Every employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to workers are customarily posted, the poster required under section 3(1)(a) of this act.
NEW SECTION.
Sec.
5.
(1) Within 72 hours of receiving notification from a federal agency of any inspection of I-9 forms and any related worker records, an employer shall provide a written notice to each worker and the worker's authorized representative, if any.
(2) The notice under this section must include:
(a) A copy of the notice of inspection from the federal agency;
and (b) The following information in English and the five most commonly used non-English languages in the state:
(i) The name of the federal agency which will be conducting the inspection;
(iii) The types of records sought and the other identified purposes of the inspection to the extent known by the employer;
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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 SHB 2105 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;
5 SHB 2105 (ii) The time period for correcting any potential deficiencies identified by the federal agency;
3 HB 2105 (iii) The nature of the inspection to the extent known by the employer;
(iii) The time and date of any meeting with the employer to correct any identified deficiencies;
(iv) A copy of the notice of inspection of I-9 forms for the inspection to be conducted;
and (iv) Notice that the worker has the right to representation during any meeting scheduled with the employer.
and (v) Contact information, prescribed by the attorney general, for a statewide organization that provides information and advocacy related to immigrant and refugee rights, with access to interpretation;
(2) The information provided to the worker under this section must relate to the affected worker only and must be redacted in compliance with any applicable state and federal laws.
(b) Making a reasonable attempt to individually distribute notifications to all workers by hand and telephonically;
(3) The employer shall transmit the information required by this section to the affected worker and the worker's authorized representative using the 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.
and (c) Providing written notice to the workers' authorized representatives, if any.
(4) This section does not modify or limit a collective bargaining agreement requiring shorter time frames for a notice than those provided under this section.
(4) Within 72 hours of receiving notification of any inspections of I-9 forms or other worker records conducted by a federal agency, employers must send written notices to the last known addresses of all workers 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 HB 2105 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.
Employers are not required by law to perform form I-9 self-audits.
(2) An employer may not impose work authorization verification or reverification requirements greater than those required by federal law.
An employer shall 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 HB 2105 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, except that an employer is not prohibited from taking actions required by state or federal law.
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.
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 SHB 2105 (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 worker or workers servicing the customer;
(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 employee or employees servicing the customer;
(c) Reducing the number of work hours for which the worker is scheduled;
(c) Reducing the number of work hours for which the employee is scheduled;
(d) Altering the worker's preexisting work schedule;
(d) Altering the employee's preexisting work schedule;
(e) Reducing the worker's rate of pay;
(e) Reducing the employee's rate of pay;
or (f) Threatening to take, or taking action, based upon the immigration status of a worker or a worker's family member.
or p.
6 HB 2105 (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 has the authority to:
(1) The attorney general may investigate complaints and enforce sections 3 through 7 of this act, including by conference and conciliation.
(a) Resolve alleged violations of this chapter through conference and conciliation;
The attorney general may:
(b) Investigate potential violations of this chapter on its own initiative or in response to complaints;
(a) Investigate potential violations of this act on its own initiative or in response to complaints;
and (c) Issue written civil investigative demands for documents, oral testimony, and answers to written interrogatories.
and (b) issue written civil investigative demands for documents and oral testimony, and answers to written interrogatories.
(2) Any personal information about a worker or a worker's family member, including names, in a complaint or investigation is confidential and exempt from public inspection, copying, or disclosure under chapter 42.56 RCW.
Any personal information about the worker or the worker's family 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 SHB 2105 (3) The attorney general may pursue legal action in the name of the state to enjoin violations of this chapter, and obtain actual damages, statutory damages, and any other appropriate relief at law or equity, plus reasonable attorneys' fees and costs.
7 HB 2105 (4) In addition to enforcement conducted by the attorney general, a worker, former worker, or a person otherwise believed to be injured by a violation of any provision of sections 3 through 7 of this 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 recover actual damages together with reasonable attorneys' fees and costs and any other equitable relief or appropriate remedy authorized by state or federal law.
(a) For each violation of a notice requirement in section 5 or 6 of this act, the court shall order the employer to pay statutory damages to the attorney general in the amount of $1,000 for each instance where the employer failed to provide a notice satisfying the requirements of section 5 or 6 of this act to a worker.
If the court finds that the respondent 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.
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.
A worker, former worker, or a person injured by a violation of this chapter or an organization whose membership includes any such person may bring a private cause of action in superior court to enjoin further violations, recover damages, and seek any other equitable relief or appropriate remedy authorized by state or federal law, plus reasonable attorneys' fees and costs.
In accordance with state and federal law, nothing in this chapter may be interpreted, construed, or applied to restrict or limit an employer's compliance with a memorandum of understanding governing the use of the federal E-Verify system or with federal law and regulations regarding employers' verification of worker's employment authorization.
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.
This chapter may not be interpreted, construed, or applied to restrict or limit an employer's compliance with a memorandum of understanding governing the use of the federal E-Verify system or with federal law and regulations regarding employers' verification of workers' authorization.
If any provision of this act 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 act or the application of the 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 SHB 2105 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.
NEW SECTION.
p.
8 HB 2105 NEW SECTION.
14.
12.
15.
13.
Sections 1 through 14 of this act constitute a new chapter in Title 49 RCW.
Sections 1 through 11 of this act constitute a new chapter in Title 49 RCW.
16.
14.
Sections 4 through 10 of this act take effect October 1, 2026.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
9 SHB 2105
9 HB 2105
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