Washington State Attorney General last month announced the creation of a new Workers’ Rights Unit that will collaborate with the Department of Labor & Industries (L&I) and Seattle’s Office of Labor Standards on wage-theft and worker-rights investigations. The AG defines “wage theft” broadly to include misclassification of employees as independent contractors.
The unit is very new and is still in the process of hiring a Unit Chief, and so one would assume that it will take some time to get going. The creation of the unit does signal, however, that Washington State – which already has some of the nation’s strongest worker-protection laws – is continuing to escalate its enforcement activity.
Below is a summary of what has been reported about the new unit.
What the New Unit Will Focus On
According to the Attorney General’s announcement, the Workers’ Rights Unit will prioritize investigations involving wage theft, worker retaliation, and misclassification. The AGO defines “wage theft” broadly to include not only traditional unpaid-wages scenario, but also failure to pay minimum wage, withholding tips, denying meal and rest breaks, and misclassification of employees as independent contractors.
The AGO further sees itself as picking up the slack resulting from changing enforcement priorities at the federal level. The press release notes: “At the federal level, there has been a systematic dismantling of the U.S. Department of Labor (DOL) and an abandonment of any pretense of protecting worker…They are giving a green light to bad actors to exploit their workers, but Washington state will step up to fill the gap.”
Because the unit is still building staff, it will likely take some time before the first major investigations or enforcement actions begin.
How the Unit Will Operate
While the Unit is still in the process of defining its role, the AGO has outlined the following as its priorities:
- Independent Investigations. The Unit will conduct independent investigations and bring civil enforcement actions where appropriate. Investigations will be triggered by complaints or by the office’s proactive investigations.
- Coordination with L&I and Seattle OLS . It will coordinate closely with L&I and Seattle OLS, particularly in cases involving overlapping issues.
- Collaboration with Attorney General’s Office. The unit will work with other divisions inside the AG’s office when cases involve additional legal issues, which suggests that one investigation could potentially lead to other inquiries if further violations are identified.
- Pursue Legislative Changes. The AG also expects to work with the Legislature in 2026 to explore additional enforcement tools or worker protections, so changes in the law could be forthcoming.
Key Takeaways
As stated above, the creation of the unit is still in the very early stages, and any enforcement activity will likely increase gradually as the unit builds staff and processes. Below are our key takeaways:
- No immediate action is required. The unit is still forming, and no new legal obligations have been created.
- Expect more coordinated enforcement. The AGO, L&I, and Seattle OLS will likely work more closely on certain types of matters.
- Misclassification remains a core area of focus. Its inclusion within the AG’s definition of wage theft underscores continued scrutiny in this area.
- Enforcement may gradually expand. Once staffed, the unit may pursue larger or more proactive investigations.
- Businesses should continue to prioritize compliance. While no immediate action is required, businesses should be mindful of the current enforcement climate and continue to prioritize compliance in all areas involving workers’ rights, particularly those that could give rise to complaints.
You can read the full announcement of new Workers Rights Unit here.