WA Expands Employment Protections for Immigrants
Washington Minimum Wage Act Amended to Prohibit Employer Coercion Based on Immigration Status
Effective July 1, 2025, Washington’s Minimum Wage Act (MWA) is amended to prohibit applicable employers from coercing employees using the employee’s immigration status as part of the employer’s violation of the MWA. Alleged incidents of coercion may be reported by employees to the Department of Labor & Industries (L&I) and the Department will investigate and (where supported) impose an assessment and civil penalty for first violations up to $1,000 for each coercive act. Repeated violations may result in penalties up to $10,000 for each coercive act. The Washington Law Against Discrimination already protects employees on the basis of immigration status, but this new change to the law gives L&I authority to investigate certain complaints implicating the MWA.
If you have questions regarding this change to the law or Washington’s Minimum Wage Act, please contact Associated Industries’ Member Care.
Authorized Uses for Washington Paid Sick Leave Benefits Expanded to Include Immigration Proceedings
The Washington Paid Sick Leave (PSL) statute (RCW 49.46.210) has been amended to allow employees to use benefits to “prepare for, or participate in, any judicial or administrative immigration proceeding involving the employee or employee’s family member.” The PSL statute allows employers to require employees with absences lasting more than three days provide verification that the use of PSL was for an authorized purpose. As verification, employees may submit documentation from an immigration advocate or the employee’s own written statement that the employee or family member was involved in a proceeding covered by the statute and leave was taken for an approved purpose. Employers should remember that the definition of “family member” was updated in January 2025 to mirror the broad definition found in the Washington Paid Family and Medical Leave statute.
Employers may still require reasonable notice of absences where such notice can be provided and other requirements of the PSL statute still apply.
More information regarding PSL benefits can be found here. Member should also contact Member Care with any questions about employee leave benefits.
Amendments to the PSL statute are effective July 27, 2025.