Starting October 1, Washington employers must notify their workers when a federal agency announces plans to inspect employment eligibility paperwork. They must also follow up with individual notices once the government reports what it has found. The Immigrant Worker Protection Act (IWPA), which was signed by Governor Bob Ferguson earlier this year, gives employers just five business days to act, and also requires every employer to hang a new workplace poster whether or not an inspection ever happens. The Attorney General’s Office just released the poster, model notices, and employer guidance, so the time to act is now. Here’s what the law requires and eight steps to take with October 1 upon us.
Who’s Covered?
The law reaches just about every employer in the state. It applies to any business that employs one or more workers in Washington, including the state, state agencies, and local governments. There is no small-business exemption.
What Triggers the Notice Obligations?
The law focuses on Form I-9 inspections, often called I-9 audits, which usually start when Homeland Security Investigations delivers a Notice of Inspection. That notice gives the employer three business days to produce its I-9 forms and related records.
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