WSR 25-14-096

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed July 1, 2025, 8:50 a.m.]

Subject of Possible Rule Making: Coercion based on immigration status. New section under chapter 296-128 WAC, Minimum wages.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 49.46 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this rule making is to implement SSB 5104. SSB 5104 includes the following labor standards requirements:


•	Employers are forbidden from coercing employees based on immigration status in furtherance of the employer committing a violation of wage and hour laws. This includes implicit or explicit communication pertaining to immigration status to deter an employee from engaging in protected activities or exercising a right under chapters 49.46, 49.12, 49.30, or 49.48 RCW.
•	Workers may file a complaint with the department of labor and industries (L&I) within 180 days of the alleged coercive action.

SSB 5104 (chapter 236, Laws of 2025) becomes effective July 1, 2025. While rule making is ongoing, employers are subject to enforcement for violations based on the new law.

Process for Developing New Rule: Parties interested in the formulation of these rules for proposal may contact the individual listed below. The public may also participate by providing written comments or giving oral testimony during the public hearing and comment process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Connor Linse, Policy Analyst, L&I, Fraud Prevention and Labor Standards, P.O. Box 44510, Olympia, WA 98504-4510, phone 425-273-7664, fax 360-902-5300, email ESRules@Lni.wa.gov.

Additional comments: For more information on L&I rule making, visit L&I's rule-making activity web page at https://www.Lni.wa.gov/rulemaking-activity/.

July 1, 2025

Joel Sacks

Director