Washington Enacts New Protections Against Workplace Immigration Coercion

Key Takeaways

• Senate Bill 5104 prohibits employer threats based on immigration status starting July 1, 2025 in Washington State.
• Workers have 180 days to file complaints with the Washington Department of Labor and Industries.
• Penalties for violations range from $1,000 to $10,000, adjusting for inflation starting in 2028.

Washington State Sets New Standard with Senate Bill 5104: Strong Protections Against Workplace Coercion Based on Immigration Status

On May 15, 2025, Washington State took a major step to protect immigrant workers by enacting Senate Bill 5104. This new law, which goes into effect on July 1, 2025, directly addresses the problem of workplace coercion tied to a person’s immigration status. With this move, Washington State joins a small group of states working to close loopholes that have allowed some employers to threaten or exploit workers who may not have legal status or who have family members with uncertain immigration situations.

What does this mean for workers and employers in Washington State? The law brings clear definitions, a strong complaint process, and real penalties for those who break the rules. It also sends a message that the state values the contributions of immigrants and will not tolerate abuse based on immigration status.

Let’s break down what Senate Bill 5104 does, why it matters, and how it will affect people across Washington State.

What Is Senate Bill 5104 and Why Was It Passed?

Senate Bill 5104 is a new law in Washington State that prohibits employers from using a worker’s immigration status to threaten or force them to accept unfair or illegal working conditions. The law was signed by the governor as part of a package of three bills focused on immigrant rights.

Why was this law needed? Many immigrant workers, especially those without legal status, are afraid to speak up about wage theft, unsafe conditions, or other workplace problems. Some employers have used this fear to their advantage, threatening to report workers or their family members to immigration authorities if they complain. This creates a power imbalance and allows abuse to continue unchecked.

Senator Bob Hasegawa, who sponsored the bill, explained that this law is about fairness and safety. He pointed out that immigrants are a vital part of the state’s economy, paying an estimated $2.3 billion in taxes and working in many essential jobs. Yet, they are often the most vulnerable to threats and exploitation.

Key Provisions of Senate Bill 5104

Clear Definitions: What Counts as Coercion and Threats?

The law makes it clear what kinds of actions are now illegal in Washington State:

• Coercion means using threats to force someone to do something they have the right not to do, or to stop them from doing something they have the right to do. For example, if a boss says, “If you complain about your pay, I’ll call immigration,” that’s coercion.
• Threat is any message—spoken or written—about a worker’s or their family member’s immigration status, made by the employer to stop the worker from using their rights under state law. This includes both direct threats (“I’ll report you”) and indirect ones (“It would be a shame if immigration found out about your cousin”).

These definitions are important because they cover both obvious and subtle ways employers might try to control workers.

How Can Workers File a Complaint?

If a worker believes their employer has used their immigration status to threaten or control them, they can file a complaint with the Washington Department of Labor and Industries. Here’s how the process works:

• Time limit: Workers have 180 days (about six months) from the date of the coercive action to file a complaint.
• Investigation: The Department of Labor and Industries must investigate every complaint about workplace coercion based on immigration status.
• Multiple violations: Each act of coercion against each worker counts as a separate violation. If an employer threatens three workers, that’s three violations.

This process gives workers a clear path to seek help and holds employers accountable for each illegal act.

Penalties for Employers: What Happens If They Break the Law?

Senate Bill 5104 sets out a graduated penalty structure for employers who violate the law:

• First violation: Civil penalty up to $1,000
• Second violation: Civil penalty up to $5,000
• Each additional violation: Civil penalty up to $10,000 per violation

Penalties will increase over time: Starting July 1, 2028, these amounts will be adjusted every three years based on inflation in the Seattle area. This means the penalties will keep up with the cost of living and remain a real deterrent.

All money collected from these penalties will go into the supplemental pension fund for workers, as set out in RCW 51.44.033.

Why Is This Law Important? The Power Imbalance at Work

Senator Hasegawa and other supporters of the bill say that the law is needed because of the power imbalance between employers and workers, especially when immigration status is involved. Many workers are afraid to speak up about:

• Wage theft (not being paid what they are owed)
• Unsafe working conditions
• Discrimination or harassment

If an employer can threaten to report a worker or their family to immigration authorities, it’s much harder for that worker to stand up for their rights. This law aims to remove that fear and make workplaces safer and fairer for everyone.

Immigrant workers are a major part of Washington State’s economy. They work in agriculture, construction, restaurants, cleaning, and many other industries. By protecting these workers, the state is also protecting the industries that rely on them.

How Does Senate Bill 5104 Fit Into Washington’s Broader Efforts?

Senate Bill 5104 is just one part of a larger push in Washington State to protect workers and immigrants. Other new laws include:

• Expanded Domestic Violence Leave Act (SB 5101): Starting January 1, 2026, this law will let workers who are victims of hate crimes or bias incidents take time off work.
• Enhanced Pregnancy-Related Accommodations (SB 5217): Beginning January 1, 2027, this law will require employers to provide more support for pregnant workers.
• Strengthened Child Labor Protections (HB 1644): From July 1, 2026, penalties for breaking child labor laws will go up.

These laws show that Washington State is working to make workplaces safer and more fair for everyone, not just immigrants.

What Should Employers Do Now?

Employers in Washington State need to prepare for the new law before July 1, 2025. Here are some steps they should take:

1. Review and update workplace policies: Make sure all rules and handbooks clearly state that threats or coercion based on immigration status are not allowed.
2. Train managers and supervisors: Teach anyone in a position of power about the new law and what counts as workplace coercion.
3. Set up a process for complaints: Make it easy for workers to report problems without fear of retaliation.
4. Understand the penalties: Know that fines can be steep, especially for repeat offenses.

Employers should also remember that the law covers threats against both workers and their family members. Even hinting that a worker’s loved ones could be reported to immigration is now illegal.

What Does This Mean for Workers?

For workers, especially those who are immigrants or have family members with uncertain status, Senate Bill 5104 offers real protection:

• You have the right to speak up: If your boss threatens you or your family because of immigration status, you can file a complaint.
• You have time to act: You have 180 days to report the problem.
• You are protected even if the threat is indirect: The law covers both clear and subtle threats.
• Your family is protected too: Threats against your spouse, children, or other family members count as violations.

If you think your rights have been violated, you can contact the Washington Department of Labor and Industries for help. The department is required to investigate every complaint.

For more information on how to file a complaint or learn about your rights, you can visit the Washington State Department of Labor & Industries website.

How Does This Law Compare to Other States?

Washington State is not the first to address workplace coercion based on immigration status, but its law is among the strongest. Some other states have similar protections, but many do not. In some places, workers are still afraid to report abuse because of their immigration status.

By passing Senate Bill 5104, Washington State is setting a standard that other states may follow. The law’s clear definitions, strong penalties, and focus on both workers and their families make it a model for protecting vulnerable workers.

Real-Life Impact: Examples of Workplace Coercion

To understand why this law matters, consider some real-life scenarios:

• Maria works in a restaurant. Her boss tells her that if she complains about not getting paid overtime, he will “make a call” to immigration. Maria is afraid and stays silent, even though she is owed money.
• Jorge works in construction. His supervisor says that if Jorge’s brother (who is undocumented) visits the worksite again, “immigration might show up.” Jorge feels he has no choice but to accept unsafe working conditions.
• Ana is a hotel cleaner. When she asks for a day off, her manager reminds her that “people with your background should be careful.” Ana feels threatened and stops asking for time off.

Under Senate Bill 5104, all of these actions would be illegal in Washington State. Workers like Maria, Jorge, and Ana would have the right to file complaints and seek justice.

What Are the Next Steps for Stakeholders?

For Workers

• Learn your rights: Know that you are protected from threats based on immigration status.
• Keep records: If you are threatened, write down what happened, when, and who was involved.
• File a complaint if needed: Contact the Department of Labor and Industries within 180 days.

For Employers

• Update policies and training: Make sure everyone understands the new law.
• Encourage a safe workplace: Let workers know they can report problems without fear.
• Monitor compliance: Regularly check that no one in your company is making threats or using immigration status to control workers.

For Advocates and Community Groups

• Spread the word: Help workers understand their rights under the new law.
• Offer support: Assist workers in filing complaints and navigating the process.
• Monitor enforcement: Watch how the law is applied and report any problems.

Looking Ahead: Long-Term Impact

Senate Bill 5104 is more than just a new rule—it’s a statement about what kind of state Washington wants to be. By protecting workers from workplace coercion based on immigration status, the state is saying that everyone deserves fair treatment and safety at work, no matter where they were born.

The law’s inflation adjustment mechanism, which starts in 2028, means that penalties will stay meaningful over time. This long-term approach shows that Washington State is committed to protecting workers for years to come.

As reported by VisaVerge.com, these new protections are expected to make a real difference for thousands of workers across the state. By giving workers a clear path to justice and holding employers accountable, Washington State is leading the way in the fight against workplace exploitation.

Final Takeaways

• Senate Bill 5104 takes effect July 1, 2025, in Washington State.
• Employers cannot use immigration status to threaten or control workers.
• Clear complaint process: Workers have 180 days to file with the Department of Labor and Industries.
• Strong penalties: Up to $10,000 per violation, with increases for inflation.
• Protection extends to family members.
• Part of a broader effort to make workplaces safer and fairer for all.

For more details on workplace rights and protections in Washington State, visit the Washington Department of Labor & Industries.

By understanding these new protections and taking action when needed, both workers and employers can help create a safer, more just workplace for everyone in Washington State.

Learn Today

Senate Bill 5104 → Washington State law prohibiting threats or coercion based on immigration status at work, effective July 1, 2025.
Workplace Coercion → Using threats or intimidation to force workers into unfair conditions related to their immigration status.
Washington Department of Labor and Industries → State agency responsible for investigating workplace coercion complaints under Senate Bill 5104.
Civil Penalty → Monetary fine imposed on employers for violating workplace coercion laws, increasing with repeated offenses.
Inflation Adjustment → Periodic increase of penalties based on Seattle area’s inflation, starting July 1, 2028.

This Article in a Nutshell

Washington passes Senate Bill 5104 to ban workplace coercion linked to immigration status, effective July 1, 2025. This law offers immigrant workers legal protections, a complaint process, and penalties for employers who threaten or exploit based on immigration status. It safeguards workers and their families statewide.
— By VisaVerge.com