LABOR AND INDUSTRIES

[Filed November 4, 2025, 8:37 a.m.]

Preproposal statement of inquiry was filed as WSR 25-14-096.

Title of Rule and Other Identifying Information: Coercion based on immigration status; new sections under chapter 296-128 WAC, Minimum wages.

Hearing Location(s): On December 16, 2025, at 2:00 p.m., via Zoom at https://lni-wa-gov.zoom.us/j/84454221533?pwd=zRPyr9u3ybDBqC4GKcbF2J6S8zO4Oj.1, Meeting ID 844 5422 1533, Passcode lni.2025; or join by phone (audio only) 253-215-8782 or 253-205-0468, Passcode *71001381#. The hearing will start at 2:00 p.m. and will continue until all oral comments are received.

Date of Intended Adoption: February 3, 2026.

Submit Written Comments to: Connor Linse, Department of Labor and Industries (L&I), Division of Labor Standards, P.O. Box 44510, Olympia, WA 98504-4510, email ESRules@Lni.wa.gov, fax 360-902-5300, beginning November 5, 2025, 8:00 a.m., by December 19, 2025, 5:00 p.m.

Assistance for Persons with Disabilities: Contact Connor Linse, phone 425-273-7664, fax 360-902-5300, email ESRules@Lni.wa.gov, by December 8, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to clarify new worker protections to align with SSB 5104 concerning instances of immigration-related coercion in the workplace.

Rule making is required to implement SSB 5104 to further define terms and requirements. SSB 5104 includes the following labor standard requirements for employers:

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


•	Employers are prohibited from coercing employees based on immigration status. This includes implicit or explicit communication pertaining to the perceived immigration status of an employee or their family member 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.
•	Employees may file a complaint with L&I within 180 days of the alleged coercive action.

Reasons Supporting Proposal: Rules are needed to clarify and enforce the labor standards requirements established under SSB 5104, codified in chapter 49.46 RCW.

Statutory Authority for Adoption: Chapter 49.46 RCW, Minimum Wage Act.

Statute Being Implemented: Chapter 236, Laws of 2025, and RCW 49.46.370.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: L&I, governmental.

Name of Agency Personnel Responsible for Drafting: Connor Linse, Tumwater, 425-273-7664; Implementation and Enforcement: Bryan Templeton, Tumwater, 360-902-5310.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. This rule making is exempt under RCW 34.05.328 (5)(b)(iii), as it proposes to adopt or incorporate new statutory language into rule through interpretation and without material change, and RCW 34.05.328 (5)(b)(iv), as it proposes clarifying language without changing its effect.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

Scope of exemption for rule proposal:

IMMIGRATION STATUS COERCION

WAC 296-128-91010Definitions.

(1) "Coercion" means a threat to compel or induce a person to engage in conduct which the person has a legal right to abstain from, or to abstain from conduct in which the person has a legal right to engage in. This includes, but is not limited to, threatening an employee to discourage them from exercising protected workplace rights.

(2) "Director" means the director of labor and industries or the director's authorized representative.

(3) "Employee" has the meaning provided in:

(a) RCW 49.46.010 for purposes of a wage payment requirement set forth in RCW 49.46.020 or 49.46.130;

(b) RCW 49.12.005 for purposes of a wage payment requirement set forth in RCW 49.48.010, 49.52.050, or 49.52.060; and

(d) For the purposes of this chapter, "worker" has the same meaning as "employee."

(4) "Employer" has the meaning provided in RCW 49.46.010 for purposes of a wage payment requirement set forth in RCW 49.46.020, 49.46.130, 49.48.010, 49.52.050, or 49.52.060, or RCW 49.30.010 for purposes of agricultural labor.

(5) "Threat" means any implicit or explicit communication specifically pertaining to an employee's or an employee's family member's immigration status that is made by the employer to deter an employee from engaging in protected activities or exercising a right under chapter 49.46, 49.12, 49.30, or 49.48 RCW, or any rules issued by the department of labor and industries pursuant to those chapters. This includes, but is not limited to, cases where an employee experiences a reasonable amount of fear based on an action by the employer.

WAC 296-128-91020Immigration status coercion applicability.

Any employer that coerces an employee in furtherance of the employer committing a violation of chapter 49.46, 49.48, 49.12, or 49.30 RCW, or any rules issued by the department, is subject to a civil penalty under this chapter in addition to any other penalty that may be imposed by the department against an employer for those violations. If an employee or employee's family member experiences coercion from any employer because of perceived or actual immigration status, the employee may also be entitled to the remedies in chapter 49.46 RCW and associated rules. The actual immigration status of the employee is not relevant to the enforcement of this chapter.

WAC 296-128-91030Immigration status coercion enforcement.

(1) An employee who believes they were subject to coercion based on immigration status by their employer, related to any employee right under chapter 49.46, 49.48, 49.12, or 49.30 RCW, or any associated rules, may file a complaint with the department within 180 days of the alleged act of coercion. The department may, at its discretion, extend the 180-day period.

(2) If an employee files a timely complaint with the department alleging coercion, the department will investigate the complaint and issue either a notice of citation assessing a civil penalty or a closure letter within 90 days after the date on which the department received the complaint, unless the complaint is otherwise resolved. The department may extend the time period by providing advance written notice to the employee and the employer setting forth good cause for an extension of the time period and specifying the duration of the extension.

(3) If the department's investigation finds that the employee's allegation cannot be substantiated, and the complaint is not otherwise resolved, the department must issue a closure letter to the employee and the employer detailing such finding.

(4) If the department's investigation finds that the employer violated RCW 49.46.370 or any associated rules, and the complaint is not otherwise resolved, the department may, at its discretion, notify the employer that the department intends to issue a citation.

(5) The department will send the citation or closure letter to both the employer and employee by service of process or using a method by which the mailing can be tracked or the delivery can be confirmed to their last known addresses.

(6) During an investigation of the employee's coercion complaint, if the department discovers information suggesting alleged violations by the employer of the employee's other rights under Title 49 RCW including, but not limited to, chapter 49.46, 49.48, 49.12, or 49.30 RCW and all applicable rules, the department may investigate and take appropriate enforcement action without requiring the employee to file a new or separate complaint. If the department determines that the employer violated additional rights of the employee, the employer may be subject to additional enforcement actions for the violation of such rights. If the department discovers information alleging the employer committed coercion against or otherwise violated rights of other employees, the department may launch further investigation without requiring additional complaints to be filed.

(7) The department may prioritize coercion investigations as needed to allow for timely resolution of complaints.

(8) Nothing in this chapter impedes the department's ability to investigate under the authority prescribed in chapter 49.46 or 49.12 RCW, RCW 49.48.040, and all applicable rules.

(9) Nothing in this chapter precludes an employee's right to pursue private legal action.

WAC 296-128-91040Coercion—Civil penalties.

(1) If the department's investigation finds that an employer violated RCW 49.46.370, or any applicable rules, the department must order the employer to pay the department a civil penalty. A civil penalty for each act of coercion committed by the employer will be applied in accordance with RCW 49.46.370 and as published by the department.

(2) Each act of coercion against each affected employee constitutes a separate violation of RCW 49.46.370.

(3) The department shall deposit all civil penalties paid under this section in the supplemental pension fund established under RCW 51.44.033.

(4) Collections of amounts owed for unpaid citations assessing civil penalties under RCW 49.46.370, and associated rules, will be handled pursuant to the procedures outlined in RCW 49.48.086.

(5) Nothing in this section precludes the department's ability to seek remedies and penalties for other violations under Title 49 RCW including, but not limited to, chapter 49.46, 49.48, 49.12, or 49.30 RCW, or associated rules.