Employers would give workers notices during federal I-9 inspections

Employers would give workers written notices about federal inspections of I-9 forms and related worker records. The rule covers every Washington employer and each worker affected by an inspection, including a worker's exclusive bargaining representative when applicable. The first notice would include the federal inspection notice, the agency's name, the date the employer received notice, the records sought, and approved immigrant-rights contact information. For workers identified in the inspection results, the employer would also provide the worker's deficiencies, the correction period, meeting options, and notice of the right to representation. Employers could use the attorney general's model notice if they follow its instructions. The first notice would be due within five business days after the employer receives the inspection notice. The affected-worker notice would be due within five business days after the employer receives the inspection results.

Employers would be barred from punishing workers for using rights under this chapter and from requiring work-authorization checks beyond federal requirements. The protections cover workers who use these rights, file complaints, join investigations, testify, or otherwise take part in proceedings related to the chapter. Prohibited retaliation could include firing, suspension, demotion, reduced hours or pay, delayed wages, or threats based on a worker's or family member's immigration status. Employers would not have to conduct I-9 self-audits, but any self-audit would still have to follow antidiscrimination, antiretaliation, and collective-bargaining rules. The chapter would not limit compliance with federal law, federal regulations, or a memorandum of understanding about E-Verify. These protections would apply when an employer takes or threatens an action because a worker exercised a right under the chapter.

The attorney general, workers, former workers, injured people, and qualifying organizations could seek court orders, damages, and attorney fees for violations. The remedies would cover violations of the chapter, including missed inspection notices and retaliation against workers who use protected rights. The attorney general could investigate complaints, demand records or testimony, and seek civil damages and other relief. A court would order $500 for each worker affected by a notice violation and could double that amount for a willful violation. A private plaintiff could receive actual damages or statutory damages equal to 40 times the Washington minimum hourly wage per violation, whichever is greater, subject to the court's consideration of listed factors. These remedies would apply to violations occurring under the chapter after the operative provisions take effect.