A sign of things to come? Washington passes bill banning employee microchipping

Offering a possible glimpse into the future of workplace legislation, on March 3, 2026, Washington lawmakers passed a bill to ban employers from microchipping workers when HB 2303 landed on Governor Ferguson's desk. Though still a nascent issue, employers should take immediate note.

Awaiting the governor’s signature, HB 2303 prohibits private-sector employers from requiring or coercing employees to be microchipped and creates a private right of action for employees harmed by violations of the law. Under the bill, a microchip is considered any device implanted beneath the skin containing a unique identification number or personal information that can be retrieved or transmitted via external scanning. However, microchipping under HB 2303 does not include any of the following: 

• Medical devices used for diagnosis, monitoring, treatment, or prevention of health conditions, that transmit only health-related information or
• Devices temporarily attached to the skin via adhesive strips or bracelets.

Employee microchipping may sound like science fiction, but the technology is gaining traction globally—used as a substitute for credit cards and to exchange contact information. HB 2303 passed in the state House of Representatives in an 87-6 vote in February and cleared the Senate unanimously last week. The bill now awaits the governor’s signature.

Reed Smith will continue to monitor this legislation and provide updates as it progresses.