Department of Labor and Industries' Enforcement of Farmworker Labor Laws

Executive summary

The Legislature directed the Joint Legislative Audit and Review Committee (JLARC) to evaluate how L&I investigates and enforces labor laws for farmworkers related to wages and hours, health and safety, and retaliation.

In 2024, approximately 5,000 Washington agricultural employers hired workers. Agricultural employment fluctuates seasonally. During peak season, farmworkers make up 4% of Washington's total workforce. This estimate excludes undocumented workers.

L&I and stakeholder organizations that represent Washington farmworkers assert that farmworkers are a vulnerable population that is less likely to report problems at work. This means L&I may not receive complaints from farmworkers when violations happen.

L&I engages with employers and workers through consultation, education, and community outreach

L&I works with employers and workers to prevent violations.

• L&I provides education to workers and employers about their workplace rights and responsibilities.
• L&I offers consultation services to employers for health and safety and some labor standards.

L&I also works to reduce barriers to reporting through its community relations program. The program helps ensure that all workers have access to L&I services. The program does the following:

• Engages with employers and workers at in-person community events.
• Provides a phone hotline to answer questions about filing complaints.
• Offers grants to community organizations that help underserved workers access L&I services.
• Provides language access so that customers receive L&I services in their language of preference.

L&I enforces laws about health, safety, wages, hours, and retaliation

L&I enforces multiple labor laws, like the Washington Industrial Safety and Health Act, the Wage Payment Act, the Minimum Wage Act, and the Equal Pay and Opportunities Act. Many include retaliation protections.

L&I has multiple programs and units that work independently to enforce separate laws and investigate potential violations.

Figure 1:  L&I has multiple programs and units that enforce laws

L&I completed more than 95% of agricultural health and safety inspections on time

L&I has a unit dedicated to ensuring agricultural employers comply with health and safety laws. The unit was created in 2021. It has increased the number of inspections of agricultural employers.

The unit generally met goals for timeliness of inspection scheduling and hazard abatement. It completed 95% of inspections for agricultural employers on time.

Figure 2: L&I met health and safety timeliness goals from 2019-2025

Percentage completed on time.

Wage and hour complaint backlogs have delayed investigations

 Different units within L&I enforce wage and hour and other labor standards laws. Relevant units include:

• A unit that enforces wage and hour laws for all industries.
• A unit that investigates complaints of retaliation after a worker exercises rights protected by the Minimum Wage Act.

None of the units focus exclusively on farmworkers. All complaints about wage and hour issues are investigated the same way regardless of industry.

Complaint volume for both units has exceeded capacity.

In 2024, L&I had 25 agents who investigated wage and hour complaints, with a total capacity of 5,000 complaints per year. The number of wage complaints L&I received increased from 6,773 in 2019 to 9,453 in 2025 (a 40% increase).

In 2024, L&I had two agents who investigated minimum wage retaliation complaints, with a total capacity of 120 complaints per year. The number of minimum wage retaliation complaints increased from 264 in 2019 to 541 in 2025 (a 105% increase).

These complaint backlogs have resulted in the following:

• Delays in opening investigations.
• Fewer complaints resolved within required timelines.

L&I and the Legislature are taking steps to address wage and hour backlogs

Recent agency and legislative changes may improve the efficiency of wage and hour enforcement.

In 2025, L&I requested and received additional staff to conduct wage payment and minimum wage retaliation investigations and started a screening process for new complaints.

The 2026 Legislature passed two bills that make changes to the way L&I enforces wage and hour laws and could help L&I be more timely and more proactive in wage payment investigations. This includes allowing L&I to prioritize wage and hour complaints based on published criteria.    

Legislative auditor's recommendation

L&I should report to JLARC and relevant committees of the Legislature in December 2026 and December 2027 about the following:

• The effects of its efforts to address complaint backlogs and meet required timelines.
• Its implementation of the 2026 legislation that changes how it enforces wage and hour laws.

You can find additional information in the Recommendations section.

Part 1.
Workplace laws

The 2022 Legislature directed the Joint Legislative Audit and Review Committee (JLARC) to evaluate how the Department of Labor and Industries (L&I) investigates and enforces laws for farmworkers. These include laws related to:

• Wages and hours.
• Health and safety.
• Retaliation.

Labor laws tend to use the term agricultural worker, which encompasses people who work on farms, among other jobs. For clarity and simplicity, we use the term "farmworker" throughout the report.

L&I is responsible for enforcing workplace laws

The Legislature directs L&I to enforce workplace laws, including those identified in the study mandate.

Many of these laws include retaliation protections. These prohibit an employer from retaliating against an employee for exercising a right that is protected by the law. For example, when a worker exercises their right to file a complaint about safety or minimum wage. L&I's jurisdiction over retaliation is narrow, meaning it can only enforce these laws in specific circumstances.

The study mandate included reviewing L&I's enforcement of laws prohibiting discrimination and harassment. L&I does not have jurisdiction over laws that prohibit workplace harassment. Its jurisdiction over workplace discrimination is limited to pay equity under the Equal Pay and Opportunities Act (see Appendix A). Instead, the state Human Rights Commission and federal Equal Employment Opportunity Commission handle employment discrimination and harassment complaints.

Multiple L&I programs enforce laws

Across L&I, multiple programs are responsible for investigating and enforcing workplace laws. Programs operate independently from each other to enforce separate laws.

L&I enforces health and safety laws for all industries. An agricultural compliance unit enforces laws specifically for agricultural employers. A retaliation unit investigates complaints of retaliation after a worker from any industry raises a safety or health issue under the Washington Industrial Safety and Health Act.

L&I includes multiple units that enforce wage and hour laws and other workplace standards.

JLARC staff found that L&I staff in these areas have adequate training and resources (e.g., detailed operations manuals, desk aids, and other resources) to carry out their responsibilities.

Two labor laws have agriculture-specific provisions

Currently, two statutes have agriculture-specific provisions:

• The Washington Industrial Safety and Health Act (Chapter 49.17 RCW) includes certain safety and health requirements specific to agricultural workplaces.
• The Agricultural Labor statute (Chapter 49.30 RCW) requires that:
• Agricultural employers maintain records.
• L&I enforce recordkeeping and agricultural meal and rest break rules through a court-based legal process.

L&I's enforcement approaches do not vary by the worker's industry unless state law dictates a different enforcement process.

L&I enforces meal and rest break laws through courts

The Agricultural Labor statute requires that L&I handle meal and rest break violations differently from other violations. For example, when wages are not paid, L&I enforces the law through an administrative process. For meal and rest break violations, however, state law requires L&I to pursue enforcement through the county court system. L&I reports that this court-based process requires additional staff time and expense, so the agency uses it infrequently.

Part 2.
Outreach

In 2024, approximately 5,000 Washington agricultural employers hired farmworkers.

Agricultural employment fluctuates seasonally. According to Employment Security Department data, the estimated number of authorized farmworkers in 2024 ranged from 72,000 in winter to 144,000 in summer. During peak season, farmworkers make up 4% of Washington's total workforce. This estimate excludes undocumented workers.

Farmworkers are less likely to report problems at work

The majority of L&I's enforcement processes are initiated by worker complaints, as directed by statute.

L&I and stakeholder organizations that represent Washington farmworkers assert that farmworkers are a vulnerable population that is less likely to report problems at work. Compounding factors can create barriers for farmworkers to file complaints. These factors include:

• Fear of retaliation.
• Immigration status.
• Challenges related to language, information, and technology.

This means L&I may not receive complaints from farmworkers when violations happen.

Recent legislative changes may help L&I learn about and investigate potential wage payment violations without a named complainant (see Part 5).

L&I has multiple proactive efforts to prevent violations and provide information

L&I has developed proactive strategies for employers and workers to prevent violations and reduce barriers to reporting.

L&I educates and engages with employers and workers

All L&I programs educate and engage with both employers and workers. The programs provide information and resources about:

• Workplace rights and responsibilities. 
• How L&I can help.

Some efforts are specifically designed for the agricultural industry. For example, L&I holds regular agricultural safety events. It also offers an agricultural safety training certification course.

L&I offers consultations for employers

L&I offers free consultations for employers about how to prevent violations and follow laws:

• Workplace health and safety (see Part 3 for more detail about this program).
• Equal Pay and Opportunities Act.
• Farm labor contracting.

L&I's community outreach helps workers access services

L&I's community outreach program aims to help workers across all industries and backgrounds access L&I services.  The program does not specifically serve farmworkers or focus on L&I enforcement of workplace laws. However, program data indicates that staff spend a significant portion of their efforts working in areas with high agricultural employment and discussing agricultural workplace issues.

Examples of program activities include:

• Attendance at in-person community events to help employers and workers understand rights and responsibilities.
• A phone hotline to answer questions about whether and how to file complaints.
• A worker outreach grant to community organizations that help underserved workers access L&I services. In 2025 it awarded $1 million to eight organizations, including four that serve farmworkers.
• A language access program to help customers receive L&I services in their language of preference. Demand for interpretation and translation have increased since 2021. The most requested language is Spanish.

L&I outreach efforts are consistent with best practices for outreach and cultural responsiveness. Stakeholders reported favorable opinions of the agency's efforts.

L&I conducts proactive investigations

Part 3.
Health and safety enforcement

Washington is one of 22 states that has a federally approved health and safety program (state plan) overseen by the federal Occupational Safety and Health Administration (OSHA).

L&I implements the state plan by enforcing the Washington Industrial Safety and Health Act rather than being enforced directly by federal OSHA. This gives Washington flexibility to set standards that are stricter than federal standards. This statute requires all employers to:

• Provide a safe and healthy workplace.
• Comply with workplace safety and health rules.

For agriculture, state regulations set requirements for areas such as:

• Field sanitation.
• Equipment and machinery safety.
• Pesticide handling.
• General workplace safety practices for agricultural employers.

OSHA reviews L&I's performance. This is to ensure L&I meets federal performance goals and maintains compliance with safety and health standards.

L&I conducts health and safety inspections

L&I conducts workplace health and safety inspections in response to fatalities, accidents, complaints, and referrals. It also:

• Conducts proactive workplace inspections using a risk-based scheduling system.
• Initiates inspections because of hazards observed by L&I staff.

In 2025, L&I conducted 325 agricultural inspections. Of those, 149 (46%) were carried out in response to complaints and referrals. Agricultural inspections represented 7% of all L&I inspections in 2025.

New agricultural compliance unit increased number of inspections

Within L&I, a designated agricultural compliance unit enforces laws statewide for the agricultural industry. L&I defines the agriculture industry as broadly including farming, aquaculture, and silviculture. L&I created the agricultural compliance unit in May 2021 in response to an increase in temporary agriculture workers, higher safety risks for these workers, and advocates wanting a dedicated enforcement unit for agriculture.

From 2019-22, L&I averaged 222 agricultural inspections per year. After the agricultural compliance unit became operational in 2023, L&I averaged 328 agricultural inspections per year (48% increase).

The number of inspections increased. However, L&I's goal from its budget request was for the unit to:

• Double inspections within two years.
• Maintain that level going forward.

Once the agricultural unit became operational in 2023, L&I fell short of this goal.

• L&I stated that inspectors require about two years to be fully trained.
• Fewer experienced staff than expected transferred to the agricultural compliance unit.
• In July 2025, the unit had 14 investigator positions, including three vacancies.

To date, the unit has never had a fully staffed, fully trained team, which is key to L&I meeting its target.

Figure 3: L&I increased the number of agricultural inspections since the creation of the agriculture compliance unit

L&I completed more than 95% of agricultural health & safety inspections on time

For health and safety complaints and referrals, L&I's goal is to respond within the following timelines:

• No later than the employer's next workday for imminent hazards.
• Within 15 working days for serious hazards.
• Within 30 working days for general hazards.

If L&I finds a violation upon completion of an inspection, employers are responsible for correcting the hazard. If the hazard is not corrected on site while the inspector is present, L&I's goal is to have employers resolve violations in 30 days or fewer once an employer receives an inspection report.

We found that L&I met these goals. We also found that agricultural inspection timeliness and violation resolution were similar compared to other industries from 2019-25.

Figure 4: L&I met health and safety timeliness goals from 2019-2025

Percentage completed on time.

From 2019-2025, L&I had the following average response times for agricultural complaints and referrals:

• 1 day for imminent hazard complaints.
• 5.6 workdays for serious complaints.
• 6.3 workdays for serious referrals.
• 6.6 workdays for general complaints.
• 10.2 workdays for general referrals.

If L&I issues a citation to the employer, it is required by statute to do so within six months of the inspection.  L&I met this requirement for all agricultural employer citations from 2019-25. The average number of days to issue a citation was just over two months (65 days).

L&I resolved 95% of retaliation complaints from farmworkers on time  

State law prohibits employers from retaliating against workers who exercise their health and safety rights. For example, by voicing a concern or filing a complaint.

Per state law, L&I must resolve retaliation complaints within 90 days of the date it receives the complaint. The 90-day deadline may be extended by providing written notice to both parties.

We identified 41 health and safety retaliation complaints from the agricultural industry between 2019 and 2025 (2% of the 2,701 total health and safety retaliation complaints). We found that 95% of the complaints from farmworkers were resolved within 90 days. For comparison, 98% of complaints from non-agricultural industries were resolved within 90 days.

L&I offers free consultations to reduce workplace hazards

L&I offers a free consultation program for all employers. During a consultation:

• L&I specialists identify workplace hazards and risk management issues that violate safety and health laws.
• The employer can correct the violations without incurring penalties.

Agricultural consultations declined from 2020-2022, during the COVID-19 pandemic. But consultations have steadily increased since then, surpassing pre-pandemic levels. From 2019–2022, L&I conducted an average of 115 agricultural consultations per year. Consultations rose to 185 annually from 2023–2025 (61% increase).

• Between 2019 and 2025, L&I identified 2,171 serious agricultural violations during these consultations. Employers corrected 62% of the violations before the deadline. 99% of violations were corrected either before the deadline or within 14 days of it.
• L&I's goal is to meet with employers within 90 days of a request. From 2019 to 2025, L&I met this target for 97% of the 1,014 requests it received. For these requests, L&I's average time to meet was 30 days.

Part 4.
Wage and hour enforcement

Washington is one of 29 states that has state level wage and hour laws that include farmworkers. Farmworkers in the remaining states are only protected by applicable federal laws.  Unlike health and safety enforcement, there is no federal review of state wage and hour enforcement.

Different units within L&I enforce wage and hour and other labor standards laws. Relevant units for this report include:

• A unit that enforces wage and hour laws. Workers can make wage payment complaints for issues that include minimum wage, overtime, paid sick leave, and agreed wages, among others.
• A unit that investigates complaints of retaliation after a worker exercises rights protected by the Minimum Wage Act. An example of retaliation would be if an employer suspended a worker for requesting to be paid minimum wage or requesting overtime pay.

Overviews of other specialized enforcement units can be found in Appendix A.

Wage enforcement happens in response to complaints from workers

L&I responds to wage and retaliation complaints from individual workers. There is no dedicated unit or process specific to farmworkers. Complaints are handled through an administrative enforcement process. This means that L&I assigns a complaint to an agent, investigates the complaint, issues a formal determination, and orders penalties or remedies if applicable. The worker can withdraw their complaint any time before the formal decision.

L&I resolves most complaints without a formal determination

From 2019 to 2025, L&I closed 46,000 wage complaints and 2,600 minimum wage retaliation complaints. JLARC staff identified about 2% of the complaints as filed by farmworkers.

Farmworker wage and hour law violations were resolved in the following ways:

L&I did not accept the complaint. L&I closed 33% of complaints without investigating because of problems with the complaint. These problems include:

• Complaints were not within L&I's jurisdiction.
• Complaints were not filed within three years of the alleged violation.
• Complaints did not have sufficient information.
• Complaints were unsigned.
• Agent could not reach the worker.

The employer paid the worker. In 25% of complaints, the employer paid the farmworker prior to a formal determination.

Non-wage resolved. In 7% of complaints, the employer agreed to address an issue that did not involve wages, such as following meal and rest break rules, prior to a formal determination.

Worker withdrew the complaint. In 19% of complaints, the farmworker withdrew the complaint voluntarily.

Notice of assessment (NOA) and citation. In 11% of complaints, L&I made a formal determination that the employer committed a violation. L&I may have assessed penalties.

Determination of compliance (DOC). In 4% of complaints, L&I made a formal determination that the employer did not commit a violation.

A worker or employer may appeal a formal determination.

Figure 5: Most farmworker wage payment complaints were resolved outside of a formal determination between 2019 and 2025

Complaints by determination type. Sum of percents does not equal 100% due to rounding.

Additional complaint resolution detail

Complaint resolutions were similar for non-agriculture industries.

The majority of minimum wage retaliation complaints (97%) were also resolved without a formal determination across all industries. L&I did not investigate 78% of all retaliation complaints because of the following:

• Complaints were not within the unit's jurisdiction.
• Complaints did not meet the definition of retaliation.
• Complaints were not filed within 180 days of the alleged violation.

Workers waited longer for complaint resolution

 From 2019 to 2025, the time it took for L&I to resolve complaints increased.

L&I resolved fewer wage payment complaints within the 60-day timeline

By law, within 60 days of receiving a worker's complaint, L&I must either issue a formal determination about whether a violation occurred or otherwise resolve the complaint. The timeline can be extended by notifying both parties.

In 2019, L&I completed about 88% of investigations of farmworker complaints within the 60-day timeframe. L&I's on-time performance declined significantly from 2019 to 2025. By 2025 only 46% of farmworker complaints were resolved within 60 days.

Figure 6: Farmworker wage payment complaints investigated within 60-day statutory timeline

Data table

Year	Percentage of complaints closed within 60 days
2019	88
2020	91
2021	71
2022	86
2023	85
2024	53
2025	46

The decline was even more significant for non-farmworkers. L&I completed 83% of investigations on time from 2019-2023. This dropped to 62% in 2024 and 17% in 2025.

L&I resolved fewer minimum wage retaliation complaints within the 90-day timeline

L&I also took more time to investigate retaliation complaints. L&I rules require the agency to resolve minimum wage retaliation complaints within 90 days of receiving them. This timeline can also be extended by notifying both parties.

The number of retaliation complaints L&I resolved within the 90-day timeline began to decline in 2022. From 2019 to 2021, L&I completed 86% of all retaliation complaints within 90 days. From 2022 to 2025, this dropped to 37% for farmworker complaints and 33% for non-farmworker complaints.

Increases in complaint volume led to delays

The number of complaints workers filed increased significantly between 2019 and 2025.

• Across all industries, the number of wage complaints increased from 6,773 in 2019 to 9,453 in 2025 (a 40% increase).
• The number of minimum wage retaliation complaints increased from 264 in 2019 to 541 in 2025 (a 105% increase).

L&I cites a variety of factors that may have contributed to the increase in complaint volume:

• A citizen initiative approved in 2016 that expanded minimum wage protections, required paid sick leave for most workers, and gave L&I administrative enforcement authority for retaliation complaints.
• L&I's ongoing efforts to educate workers.
• More accessible methods to file complaints.
• Legislative changes that expanded worker protections.

Figure 7: The number of wage and retaliation complaints L&I received increased between 2019 and 2025

Number of complaints.

Data table

Year	Wage complaints	Minimum wage retaliation complaints
2019	6,773	264
2020	5,648	342
2021	5,713	382
2022	7,905	402
2023	8,916	501
2024	8,861	578
2025	9,453	541

Farmworker complaint investigation delays are the same for non-farmworkers

Complaints from farmworkers represent a small percentage of total wage and hour and retaliation complaints. However, L&I's ability to provide timely investigations for farmworkers is driven by its ability to do so for all workers because L&I investigators handle complaints from all industries.

Complaint volume exceeds capacity

L&I's staffing plan assumes that each agent handles 200 wage complaints per year. In 2024, L&I had 25 wage payment investigators, supporting a capacity of 5,000 complaints per year.

As the volume of complaints began to exceed L&I's capacity, the backlog of complaints grew. Between 2019 and 2025, L&I assigned all complaints to agents in the order they were received. The increase in volume of complaints meant that complaints sat for a longer time before they were assigned to an agent.

Of the wage complaints closed across all industries in 2025, 67% (4,600) took longer than 60 days to assign to an agent. The time it took investigators to resolve complaints—once the complaints were assigned to them—did not increase.

Figure 8: The average number of days to assign wage payment complaints to an agent increased starting in 2023

Data table

Year	Average number of days to assign a non-agriculture wage payment complaint to an agent	Average number of days to assign an agriculture wage payment complaint to an agent
2019	5	5
2020	6	6
2021	6	5
2022	7	5
2023	9	6
2024	25	14
2025	81	47

L&I estimates that each minimum wage retaliation agent handles 60 complaints per year. In 2024, L&I had two minimum wage retaliation agents, with a total capacity for 120 complaints per year. As the complaint volume increased beyond L&I's capacity, the backlog of retaliation complaints grew, along with the time it took to assign complaints to an agent.

Figure 9: The average number of days to assign minimum wage retaliation complaints to an agent increased starting in 2021

Average calendar days between the date a complaint was filed and agent received it.

Data table

Year	Average number of days to assign a minimum wage retaliation complaint to an agent
2019	13
2020	17
2021	40
2022	118
2023	153
2024	173
2025	148

In 2025, L&I requested and received additional staff to address the backlogs. The agency also began making other operational changes to improve efficiency, such as creating a screening process. See Part 5 for more details.

Backlog also changed when employers were notified of a wage complaint

L&I now sends a letter to the employer when a wage payment complaint is filed, rather than after an agent has first spoken with the worker.

Before July 2025, L&I generally sent a letter to the employer about a wage payment complaint after an agent had spoken with the worker. In that initial conversation, the agent explained the investigation process, determined whether the complaint appeared to fall within L&I's jurisdiction, requested additional information if needed, and let the worker know the employer would be contacted. At that point, the worker could choose not to proceed before the employer received notice of the complaint.

As the complaint backlog grew, L&I was often unable to assign complaints to agents within the 60-day statutory timeline. In an appealed case, an administrative law judge ruled against L&I because the employer had not been notified of an extension within the required timeframe. In response, beginning in July 2025, L&I changed its process and began sending a letter to both the worker and employer when the complaint was filed.

This change means workers no longer have the same opportunity to withdraw from the process before the employer is notified. Legislative changes in 2026 altered when the 60-day timeline begins and may affect this process. See Part 5 for more details.

Part 5.
Steps to address inefficiencies

Recent actions by L&I and the Legislature are intended to address the backlog and improve efficiencies with L&I's wage and hour investigations.

L&I hiring additional staff and reorganizing

During the 2025 legislative session, L&I requested additional employees to reduce the backlogs of complaints. L&I received $4.1 million in the 2025 Supplemental Operating Budget.

With the additional staff, L&I intends to increase the number of agents in the two units:

• Agents who investigate wage payment complaints will increase from 25 to 32.
• Agents who investigate minimum wage retaliation complaints will increase from two to seven.

These new staff are expected to help address the backlogs of complaints. L&I reported that it is hiring for these positions and expects to be fully staffed by mid-2026.

L&I also began reorganizing in 2025 to further address the backlog and improve efficiencies. Changes are in progress. Key changes include:

• Reorganizing agents who investigate wage payment complaints. The goal is to ensure consistency across staff and balance the statewide workload among all investigators.
• Creating a new complaint screening process. Workers sometimes wait months before hearing from L&I, only to learn that their complaint is outside L&I's jurisdiction. The screening process will reduce that time to a few days.
• Requesting additional information before agent assignment. The new wage complaint screening team will ask the worker for more information when needed. This will happen before the complaint is assigned to an agent. This differs from the current process, in which an agent requests more information only after they receive the complaint. This request can add 10 days to the investigation while the agent waits for the worker's reply.
• New data system expected to improve efficiency. According to L&I, the data system it uses to track complaints is outdated. This creates inefficiencies. L&I purchased a new data system and is transferring individual units to the new system. At the time of the study the unit that works on minimum wage retaliation had started using the new system, and the wage and hour unit was planning to begin using it within the next few years.

2026 legislation changes L&I's investigations about wage payment

Two bills passed in 2026 that could help L&I be more timely and more proactive in wage payment investigations. These changes do not affect the health and safety or retaliation units.

2SHB 2479 and ESB 6058 introduced the following changes to the way L&I enforces wage and hour laws:

• Allows L&I to prioritize complaints. Requires L&I to prioritize wage and hour complaints based on published criteria.
• Adjusts when the 60-day timeline begins. Instead of starting when a complaint is received, the 60-day timeline will start when the complaint is accepted. Our analysis of L&I data shows that most complaint investigations take fewer than 60 days to resolve after they are assigned to an agent.
• Allows L&I to open a wage and hour investigation for multiple workers. If a complaint investigation finds evidence of a potential widespread violation, L&I may open a broader investigation. L&I could open this investigation without requiring additional workers to file their own complaints. More workers may receive the remedies they are owed and be better shielded from potential retaliation.
• Authorizes an administrative enforcement process for companywide wage and hour investigations. The companywide investigation team currently has limited enforcement capabilities outside of lawsuits filed by the Attorney General's Office. Lawsuits can take months to years to resolve. With an administrative enforcement process, L&I will have consistent enforcement mechanisms for both individual and companywide wage and hour investigations.

L&I's efforts to reorganize and add staff were in progress at the time of our review. 2026 legislative changes will not be in effect until mid-2026, and L&I was in the middle of developing implementation plans when fieldwork for this study ended in March 2026.

Recommendations

The legislative auditor makes one recommendation.

Recommendation #1:

L&I should report to JLARC and relevant committees of the Legislature in December 2026 and December 2027 about the following:

• The effects of its efforts to address complaint backlogs and meet required timelines.
• Its implementation of the 2026 legislation that changes how it enforces wage and hour laws.

Legislation required: None

Fiscal impact: None

Implementation date: December 2026 and December 2027.

Agency response: To be included in proposed final report.

Agency response

To be included in proposed final report.

Current recommendation status

JLARC staff review whether the agency acted on the recommendation for four years. The first review typically happens about a year after we issue the report. The most recent responses from agencies and status of the recommendations in this report can be viewed on our legislative auditor recommendations page.

Appendices

Appendix A: Other program units | Appendix B: Applicable statutes | Appendix C: About this study | Appendix D: Audit authority

Appendix A: Other program units

L&I has other investigation units relevant to the study mandate.

Farm Labor Contracting unit

The Farm Labor Contracting (FLC) unit enforces Chapter 19.30 RCW. This statute outlines regulatory requirements for businesses that recruit, hire, transport, or supply workers in the agricultural and re/forestation industries.

Requirements include informing contracted workers about:

• The nature of the work.
• Location, housing, and transportation details.
• When and how they will be paid.

Washington had 277 licensed FLCs in July 2025. FLC unit staff do the following:

• Review license applications and issue licenses to FLCs annually.
• Conduct regular compliance reviews of licensed FLCs.
• Provide consultations.
• Investigate complaints and other allegations that FLCs have violated state law.

The unit does not investigate complaints about health and safety, wage and hour, or retaliation; these are referred to other L&I programs.

Between 2019-2025, the FLC unit conducted 749 investigations of farm labor contractors, including 641 compliance reviews (86% of the total). The majority (88%) of investigations were closed with no violations. 10% of investigations resulted in a citation. L&I issued total penalties of $1.67 million.

The FLC unit's goal is to resolve complaints within 90 days from when the agency receives the complaint. There is no requirement in state law or regulations for it to do so. The unit met this target for 85% of investigations.

Equal Pay and Opportunities Act (EPOA) unit

The Equal Pay and Opportunities Act (EPOA) unit enforces Chapter 49.58 RCW. This statute:

• Prohibits pay discrimination based on a worker's protected class as defined in statute.
• Promotes fairness among workers by addressing business practices that contribute to income disparities.

EPOA agents investigate complaints alleging violations such as:

• Wage discrimination.
• Prohibited wage discussions.
• Job-posting requirements.
• Retaliation related to EPOA rights.

Between January 2019 and November 2025, the EPOA unit received and closed 570 complaints, six of which were identified as agriculture (1%). More than half of all complaints were not accepted (57%).

Of the 244 complaints that were accepted for investigation, 27% were settled or resolved, 16% found no violation, and 2% found a violation. Workers withdrew their complaints in the remaining 55% of investigations. All six agricultural complaints were not accepted or withdrawn.

The EPOA unit's program goal is to resolve complaints within 90 days from when the agency receives the complaint. There is no requirement in state law or regulations for it to do so. The unit met this target for 59% of complaints.

Proactive Investigation and Enforcement unit (PIEU)

The Proactive Investigation and Enforcement Unit (PIEU) unit enforces the following via L&I's de jure authority under RCW 49.48.040:

• The Minimum Wage Act (RCW 49.46).
• The Wage Payment Act (RCW 49.48).
• The Industrial Welfare Act (RCW 49.12).

Under this authority, L&I can act on behalf of employees that have not filed a wage complaint. L&I can pursue companywide wage investigations for minimum wage, final pay, and overtime in Superior Court. The Legislature provided funding in 2019 to increase L&I's capacity to conduct companywide wage investigations.

Between 2019-2025, PIEU completed 85 investigations, resulting in findings of $13.6 million in wages owed to workers. 

Appendix B: Applicable statutes

Chapter RCW 49.46: Minimum Wage Requirements and Labor Standards.

Chapter RCW 49.52: Wages—Deductions—Contributions—Rebates

Chapter RCW 49.30: Agricultural Labor

Chapter RCW 49.58: Washington Equal Pay and Opportunities Act

Chapter RCW 19.30: Farm Labor Contractors

Chapter RCW 49.17: Washington Industrial Safety and Health Act

Appendix C: About this study

Scope & objectives

This study aimed to answer the following questions, which were presented to JLARC in September 2025 (view here).

1. What are L&I's processes for investigating and enforcing:
   1. Wage and hour laws applicable to farmworkers?
   2. Health and safety laws applicable to farmworkers?
   3. Laws against retaliation, harassment, and discrimination applicable to farmworkers?
2. Are L&I's processes efficient and effective?
3. Do farmworkers have equitable access to L&I programs and legal protections? Does L&I apply its processes consistently?

Study methods

The methodology JLARC staff use when conducting analyses is tailored to the scope of each study, but generally includes the following:

• Interviews with stakeholders, agency representatives, and other relevant organizations or individuals.
• Site visits to entities that are under review.
• Document reviews, including applicable laws and regulations, agency policies and procedures pertaining to study objectives, and published reports, audits or studies on relevant topics.
• Data analysis, which may include data collected by agencies and/or data compiled by JLARC staff. Data collection sometimes involves surveys or focus groups.
• Consultation with experts when warranted. JLARC staff consult with technical experts when necessary to plan our work, to obtain specialized analysis from experts in the field, and to verify results.

The methods used in this study were conducted in accordance with Generally Accepted Government Auditing Standards.

More details about specific methods related to individual study objectives are described in the body of the report under the report details tab or in technical appendices.

Study process

View guide to JLARC performance audits here.

Appendix D: Audit authority

The Joint Legislative Audit and Review Committee (JLARC) works to make state government operations more efficient and effective. The Committee is comprised of an equal number of House members and Senators, Democrats and Republicans.

JLARC's nonpartisan staff auditors, under the direction of the Legislative Auditor, conduct performance audits, program evaluations, sunset reviews, and other analyses assigned by the Legislature and the Committee.

The statutory authority for JLARC, established in Chapter 44.28 RCW, requires the Legislative Auditor to ensure that JLARC studies are conducted in accordance with Generally Accepted Government Auditing Standards, as applicable to the scope of the audit. This study was conducted in accordance with those applicable standards. Those standards require auditors to plan and perform audits to obtain sufficient, appropriate evidence to provide a reasonable basis for findings and conclusions based on the audit objectives. The evidence obtained for this JLARC report provides a reasonable basis for the enclosed findings and conclusions, and any exceptions to the application of audit standards have been explicitly disclosed in the body of this report.

JLARC members on publication date