Department of Labor and Industries' Enforcement of Farmworker Labor Laws

PLANNED STUDY QUESTIONS | SEPTEMBER 2025

Suzanna Pratt, team lead
Ryan McCord, audit director | Eric Thomas, legislative auditor

Why we are doing this study

The 2022 Legislature directed the Joint Legislative Audit and Review Committee (JLARC) to evaluate how well the Department of Labor and Industries (L&I) investigates and enforces:

• Wage and hour laws applicable to farmworkers.
• Workplace health and safety standards applicable to farmworkers.
• Laws prohibiting harassment, discrimination, and retaliation against farmworkers for, among other things, asserting their rights regarding health and safety standards and wage and hour laws.

As appropriate, the audit will recommend ways to improve service delivery and effectively protect farmworkers.

This is the last of three studies in this bill about state agency programs and services for farmworkers. Two studies are complete: the Employment Security Department's administration of the H-2A program and the state's pesticide safety programs to protect farmworkers.

Read the study mandate ➜
ESSB 5693, sec 103 (2022 Supplemental Operating Budget)

Background

Statute directs L&I to develop rules and enforce laws about:

• Wages and hours.
• Workplace health and safety.
• Protection from retaliation for workers who assert their rights in these areas.

L&I has the authority to inspect workplaces, educate employers, investigate complaints, and address employer violations. It must tell workers about their rights. Some laws apply to all workplaces and others are specific to farmworkers.

While the study mandate uses the term "farmworkers," it is not defined in statute. Instead, statute uses the term "agricultural worker," which means those who work to raise or harvest plants and animals. Consistent with the mandate, JLARC staff will use the term "farmworker."

Study scope

This study will focus on how L&I enforces wage and hour, health and safety, and retaliation laws applicable to farmworkers. It will examine L&I's processes for conducting inspections and consultations, investigating complaints, and ensuring that employers resolve issues. The study will also examine how L&I ensures that workers know about and have the resources to exercise their rights.

Study questions

JLARC staff aim to answer the following questions through this audit. They reflect our preliminary outreach, research, and analysis of potential racial equity considerations per RCW 44.28.076.

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?

What's next

• Preliminary Report: July 2026
• Proposed Final Report: September 2026

Learn more about our study process ➜

Study team

Suzanna Pratt, research analyst, (360) 786-5106
Zane Potter, research analyst, (360) 786-5293
Melanie Stidham, research analyst, (360) 786-5183
Hope Thompson, research analyst, (360) 786-7982