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Washington Attorney General Nick Brown recently announced the formation of a new Worker Rights Unit dedicated to enforcing state labor laws and addressing wage theft. The announcement reflects on the federal government's “dismantling” of labor enforcement efforts, as a basis for Washington to expand state-level efforts to protect workers and hold noncompliant employers accountable.
The Facts
On November 13, 2025, Attorney General Brown unveiled the Worker Rights Unit, a division within the Washington Attorney General's Office intended to bolster enforcement of Washington's already robust worker protection laws. These laws include one of the nation's highest minimum wages, overtime requirements for all workers (including agricultural workers), and protections against retaliation, discrimination, and unsafe working conditions.
Brown claims that “national studies” estimate that employers collectively steal tens of billions of dollars in wages annually, often through practices such as failing to pay overtime, withholding tips, denying rest or meal breaks, misclassifying employees as independent contractors, or failing to pay workers at all. According to the AG's announcement, Washington aims to narrow that gap by directing additional resources toward enforcement.
The Attorney General's Office highlighted the broader national context, noting what it described as a “systematic dismantling” of federal labor enforcement. In recent years, the U.S. Department of Labor has experienced reduced staffing and diminished enforcement activity, including ending enforcement of certain federal wage requirements. As federal oversight recedes, Washington intends to increase state-level efforts to ensure workers receive the protections promised under state law.
Labor leaders voiced strong support for the new initiative. Representatives from the Washington State Labor Council, Working Washington, and the Building and Construction Trades Council described wage theft as widespread, affecting industries ranging from health care to construction. They emphasized the importance of enforcement, stating that even strong statutory protections mean little without consistent oversight.
The Attorney General's Office also noted its intent to work with lawmakers during the 2026 legislative session on proposals to improve investigative tools and enhance protections for immigrant workers—groups that may be particularly vulnerable to exploitation.
The new Unit will collaborate closely with the Washington State Department of Labor & Industries (“L&I”) and the Seattle Office of Labor Standards (“OLS”). While L&I and OLS play major roles in investigating workplace violations, the Worker Rights Unit will place particular emphasis on cases involving low- and moderate-income workers who may hesitate to file complaints because of fear of retaliation.
The Announcement
According to the Attorney General, the Worker Rights Unit will lead affirmative litigation and enforcement actions aimed at combating wage theft and other violations of state labor laws. The Unit will also coordinate with other divisions within the AG's Office—such as those focused on worker safety, civil rights, and environmental protections—to ensure a holistic approach to safeguarding workplace rights.
The AG's Office reflected on a growing national trend of state attorneys general increasing their role in labor enforcement as federal oversight recedes. In announcing the Unit, AG Brown stressed that the state must fill the gap left by weakened federal enforcement to ensure that Washington workers are treated fairly. Labor leaders echoed this sentiment, noting that the creation of the Unit sends a clear message that wage theft and worker exploitation will not be tolerated.
Key Takeaways for Employers
Washington's launch of the Worker Rights Unit offers several important reminders for employers operating in the state:
- Expect increased enforcement activity: With the establishment of a dedicated Worker Rights Unit, employers should anticipate more scrutiny of wage and hour compliance, especially in industries where wage theft is common.
- Strong worker protection laws demand strong compliance systems: Washington already has some of the nation's most protective labor standards. Employers should ensure they are meeting obligations regarding minimum wage, overtime, rest and meal breaks, recordkeeping, and employee classification.
- Misclassification remains a priority: State officials emphasized concerns about workers improperly treated as independent contractors. Employers using contractor models should evaluate classification practices to reduce risk.
- Low- and moderate-income workers may be more likely to come forward: By focusing on workers who may fear retaliation, the Worker Rights Unit may bring cases that otherwise would not have surfaced through traditional complaint processes.
- Enforcement will involve collaboration across agencies: Employers should expect coordinated investigations between the Attorney General's Office, L&I, and OLS, particularly in cases involving wage theft or retaliation.
- Proactive compliance is the best defense: Given increased resources and a clear enforcement mandate, employers should review policies, conduct internal audits, and ensure that wage and hour practices align with Washington law.
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