Washington State has enacted two new laws—SB 5104 and HB 1875—that expand workplace protections for employees with immigration concerns. Both laws went into effect in July 2025 and create new compliance obligations for employers.
These changes reflect a broader trend: immigration status is becoming a more visible factor in employment law. Small businesses should act now to review their policies and ensure compliance.
SB 5104: Protecting Workers from Immigration-Based Coercion
Effective July 1, 2025
Employers in Washington are now prohibited from using an employee’s immigration status to threaten or pressure them in the workplace.
The law defines “coercion” and “threat” broadly, covering both direct and indirect actions—for example, suggesting immigration consequences if an employee complains about wages or working conditions.
Violations can result in escalating fines, and employees now have a clear path to report misconduct through the Department of Labor and Industries.
What employers should do:
- Train managers and supervisors to avoid conduct that could be perceived as immigration-based coercion.
- Review internal policies for compliance.
HB 1875: Sick Leave for Immigration Proceedings
Effective July 27, 2025
Employees in Washington may now use paid sick leave to attend or prepare for immigration proceedings involving themselves or close family members. This includes:
- Court hearings
- Administrative interviews
- Related legal processes
Employers may request verification, but the law limits disclosure to protect employee privacy. Acceptable verification can include statements from attorneys, clergy, or the employee themselves.
What employers should do:
- Update sick leave policies to reflect the new requirements.
- Educate HR teams on acceptable forms of verification.
Why This Matters for Employers
These new laws are part of a growing national conversation about immigrant rights in the workplace. Importantly, they apply broadly—not only to undocumented workers but also to employees with pending visas or family members in proceedings.
Bottom Line
Compliance is more than avoiding penalties. It’s about creating a workplace culture that respects and supports all employees.
Small businesses should take proactive steps now to align policies with these new laws. Doing so not only reduces legal risk but also strengthens trust and inclusion within the workplace.
If you need help updating your policies or training your team, Equinox Business Law Group is here to support you.
