Washington State Tells Employers Not to Get Under Their Employees’ Skin: New Law Limits Ability to Microchip Employees (US)

On March 11, 2026, Washington state Governor Bob Ferguson signed a law prohibiting employers from requiring employees to have tracking chips implanted beneath their skin as condition of employment. Washington now joins Arkansas, California, Missouri and ten other states which have passed similar laws, all addressing advances in workplace surveillance technology.

To protect “individual liberty and bodily autonomy,” HB 2303 targets devices that are implanted beneath the skin which are linked to a unique identification number, store personal information and are capable of being read by external scanners. In the workplace, these devices are marketed as a way to streamline the workplace process for employees. With the device, employees would be able to lock and unlock doors in the workplace, log into their work computer or make payments—all with a simple scan of an implanted microchip. The new Washington law prohibits employers from requiring, coercing or even requesting employees have a microchip implanted for any reason. The law, however, does not totally ban employee microchipping; an employee can voluntarily choose to have a device implanted on their own initiative. The bill only applies to devices implanted under the skin, leaving latitude for other means of workplace surveillance.

Washington State Representative Brianna Thomas spearheaded the bill, arguing that it was a necessary preventative measure to ensure that workers are not being pressured into invasive tracking technologies as they become more commercially available. Although it may appear to be science fiction, Thomas views the legislation as a steppingstone in creating freedom of choice between employer and employee. Critics, however, question whether such laws are premature and inapplicable to common practices in the workplace. Regardless, HB 2303 signals that states are paying attention to the fast-paced growth of surveillance in the workplace long before it becomes a widespread practice.

With the approval of Governor Ferguson, the law is set to go into effect on June 11, 2026.