Washington Employers: New Immigrant Worker Protection Act Requirements Take Effect Oct. 1

Employers in Washington state have new obligations related to federal work authorization and I‑9 audits effective October 1, 2026. They must (a) display a required workplace poster, (b) alert employees about federal paperwork audits, and (c) establish procedures for responding to a federal Form I-9 inspection. Failure to comply can expose an employer to enforcement by the Washington Attorney General and damages through a private right of action.

Washington's Immigrant Worker Protection Act (IWPA), RCW 49.97, adds significant new requirements for Washington employers involving federal Form I‑9 inspections. Most immediately, effective October 1, 2026, every Washington employer must display the workplace poster issued by the Washington State Office of the Attorney General (the IWPA Poster) in a conspicuous location where notices to employees are customarily posted. This requirement applies regardless of whether an employer is undergoing an I‑9 inspection.

If an employer receives notice of a federal I‑9 inspection, additional employee notification is required.

What Do Employers Need to Do Effective October 1, 2026?

Effective October 1, 2026, the IWPA requires employers to display the Attorney General's IWPA Poster conspicuously on the employee premises where notices customarily are posted. The Poster has two pages; page one must be posted, but page two, which contains worker-protections provisions, is optional.

On its IWPA website, the Washington state Attorney General has made the IWPA Poster available in English and five non-English languages: Spanish, Russian, Vietnamese, Ukrainian, and Simplified Chinese. Employers should ensure that the required Poster is displayed at each covered Washington workplace and at each covered worksite location where employees report for work.

The IWPA also requires employers to identify on the Poster the method they use to notify each employee in the event of an I‑9 inspection, whether that is email with proof of transmission, text message, hand delivery in hard copy to the employee, or other means, which could include using Slack, Teams, or an employee-oriented app or other platform. The permanent IWPA Poster is different from the notice that an employer must provide if the federal government actually initiates an I‑9 inspection.

What Happens if an Employer Receives an I‑9 Notice of Inspection?

Form I‑9 inspections generally are conducted by Homeland Security Investigations (HSI) upon the issuance of a letter called a Notice of Inspection (NOI) requesting I‑9 forms and supporting documentation. HSI usually includes a subpoena for additional business documents. I‑9 inspections are not conducted by Immigration and Customs Enforcement (ICE).

Within three business days after receiving an NOI, the employer must turn over all the I‑9 records requested by the agency. This allows very little time to gather the records and make corrections to potentially avoid fines and penalties.

The IWPA creates a separate employee notification obligation. Within five business days after receiving an NOI, the employer must provide written notice to each affected employee covered by the scope of the NOI (IWPA Initial Notice), as well as to the employee's authorized representative, if any. The Attorney General considers business days to be any calendar day excluding Saturdays, Sundays, and state legal holidays.

Employers may use the Attorney General's model IWPA Initial Notice or generate their own notice, and must provide the notice to every employee in English and each of the five other languages—Spanish, Russian, Vietnamese, Ukrainian, and Simplified Chinese. The IWPA Initial Notice must include the following:

• A copy of the I‑9 Notice of Inspection;
• The name of the federal agency conducting the inspection;
• The date the employer received the NOI;
• The records sought by the federal agency;
• Purposes of the inspection to the extent known; and
• Contact information for immigrant and refugee rights organizations identified by the Attorney General.

Employers must satisfy two separate delivery requirements:

1. Display the IWPA Initial Notice (including a copy of the NOI) where employee notices are customarily posted at worksites covered by the NOI and maintain it there through completion of the inspection; and

2. Transmit the IWPA Initial Notice (including a copy of the NOI) directly to employees using the method the employer indicated on its IWPA poster.

Practical Point: An I‑9 inspection generally is confined to a specific worksite. Employers with multiple locations should carefully determine which locations and employees fall within the scope of the inspection to avoid alerting more employees than necessary.

What Happens When the Government Sends the Employer the Inspection Results?

When the employer receives the inspection results, which might take several months, the IWPA imposes another five-business-day deadline. Within that period, the employer must provide each affected employee (and their authorized representative, if any) individualized written communication concerning that employee (IWPA Results Notice), addressing the following:

• The deficiency or issue identified by the federal government;
• The period allowed for correction;
• A mutually agreed meeting time, or options for meeting times, within that correction period; and
• The employee's right to representation at the meeting.

This IWPA Results Notice must concern only that employee, and the employer must redact any personal information relating to other employees. The employer must provide this information in the language that the employer most regularly uses to communicate with the employee.

Recommended Notice to an Affected Employee

Employers may use the Attorney General's model IWPA Results Notice. As an alternative, DWT has developed a neutral, factual communication tied directly to the federal agency's findings that employers may wish to consider because its straightforward presentation may reduce unnecessary alarm while providing the information required by the IWPA.

What Happens if an Employer Does Not Comply With the IWPA?

The Washington Attorney General has independent authority to investigate and enforce the IWPA, including to take action to enjoin an employer's actions, seek actual damages awards, or seek statutory damages of $500 per employee notice violation. Statutory damages may be doubled if a court finds that the employer's violation of the IWPA was willful.

The IWPA also creates a private right of action. An employee, former employee, other person injured by a violation of the IWPA, or an organization whose membership includes such a person may bring an action in court. A plaintiff may seek an injunction against further violations and seek damages, other available equitable or legal remedies, and reasonable attorneys' fees and costs.

If a court finds that an employer violated the IWPA, the statute provides for an award of actual damages or statutory damages equal to 40 times the Washington state hourly minimum wage per plaintiff, per violation—whichever is greater. The court considers factors including willfulness, corrective efforts, actual harm, repeat violations, and employer size.

Conducting a Preliminary Internal I‑9 Audit Can Help Avoid Federal Penalties

Uncorrected paperwork errors on I‑9s can expose employers to significant penalties of up to $2,861 per I‑9. Employers, therefore, may choose to conduct an internal I‑9 audit to identify and address deficiencies and correct issues before receiving a NOI.

DWT has developed Moxie, our fast, effective AI-based I‑9 audit tool, to assist employers in identifying potential Form I‑9 compliance issues before a federal inspection. Moxie reviews Forms I‑9 and supporting documentation, identifies potential compliance issues, and categorizes findings for employer action, employee action, or attorney review. DWT legal professionals then review the findings, allowing employers to use technology for a large-volume review while maintaining attorney oversight.

Recommended Action Items for Washington Employers

• Download the IWPA Poster.
• Determine the method of communicating with employees to preserve evidence of transmission.
• Complete that portion of the Poster identifying the communication method.
• Display the Poster in the required locations.
• Confirm compliance at all Washington covered worksites.
• Identify the HR or legal personnel responsible for receiving and escalate any federal NOI.
• Conduct an internal I‑9 audit to identify deficiencies and make all corrections possible.
• In case of an I‑9 inspection, promptly review the I‑9 records and make any additional corrections possible.
• Produce the required I‑9 records within the federal deadline.
• Provide the required IWPA Initial Notice to affected employees within five business days.
• Establish procedures for responding promptly to federal I‑9 inspection results, with individualized communications, appropriate redactions, meeting opportunities, and representation rights.
• Train HR personnel not to request particular documents, unnecessarily reverify employees, or characterize a government finding as a final determination regarding an employee's work authorization.
• Consider conducting a proactive, attorney-supervised internal I‑9 audit. DWT's Moxie platform can assist employers in reviewing I‑9 populations efficiently, identifying potential deficiencies, and developing an appropriate remediation plan.

Key Takeaways

October 1 is the effective date. Washington employers should have the Attorney General's IWPA poster displayed regardless of whether they have received, or anticipate receiving, an I‑9 Notice of Inspection. If a federal inspection later occurs, a separate employee notification obligation applies, with only five business days to act.

Employers that want to assess their Form I‑9 compliance before an inspection can also consider a privileged internal review, including use of DWT's Moxie I‑9 audit tool.

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Diane Butler and Megan Vogel are partners, and Rebecca Shelton is an associate in the employment, benefits & immigration group in the Seattle and Bellevue offices of DWT. For any questions or more information, reach out to the authors or another member of our employment, benefits & immigration team and sign up for our alerts.