In 1901, Washington state created the Bureau of Labor to oversee a no-fault industrial insurance system. Several years later, in 1921, the Legislature established the Washington State Department of Labor & Industries (L&I) to oversee this insurance system, worker safety, and industrial relations. In 1973, the passage of the Washington Industrial Safety and Health Act tasked L&I with overseeing workplace safety and health compliance.

While L&I performs multiple services on behalf of workers and employers, the three areas of particular importance to agricultural employers are industrial insurance, occupational safety and health, and labor standards such as wage and hour compliance. 

Insurance Services Division

Industrial insurance, more commonly referred to as workers’ compensation, is one of the key services run by L&I. Workers’ comp coverage is required in Washington. A few large employers have the resources to be self-insured, but most employers participate in the state fund, which is managed by L&I. Rate setting occurs annually, and base rates are established for each risk classification. Experience rating also plays a factor in an employer’s rates for the year. Unlike other states, where premiums usually equal a percentage of payroll, L&I bases coverage on the number of hours workers performed certain job duties. This measure is believed to be more representative of the actualities of workplace exposure for both premium and risk. Rate setting for the state fund is done through rulemaking, and three funds are affected — the Accident Fund, the Medical Aid Fund, and the Supplemental Pension Fund. The Accident Fund pays time-loss claims to workers who miss work time due to their injuries. The Medical Aid Fund pays medical costs for injured workers. The Supplemental Pension Fund covers cost-of-living adjustments to pension benefits. The employer pays 100 percent of the Accident Fund premium, whereas the Medical Aid Fund and Supplemental Pension Fund premiums are split equally between employers and employees. Employers must withhold employee premiums from their paychecks and remit them to L&I with their quarterly reports.

The statutes governing workers’ compensation are in Title 51 RCW. As for rules, Title 296 of the Washington Administrative Code covers L&I. Most of the WACs pertaining to industrial insurance are 296-14 through 296-23B.

Division of Occupational Safety and Health

The Division of Occupational Safety and Health (DOSH) enforces workplace safety laws in Washington. Some of these laws apply to all employers, while others are tailored to each industry sector, such as agriculture. Federal law allows for states to perform these duties in lieu of direct oversight by the federal Occupational Safety and Health Administration. Per federal law, DOSH standards must be at least as effective as federal OSHA standards. DOSH sends compliance inspectors into the field to enforce these laws through workplace inspections. DOSH also operates a free, voluntary consultation program, which allows employers to request a visit from an L&I safety and health consultant. We highly recommend that dairy producers take advantage of the DOSH consultation service.

The Washington Industrial Safety and Health Act is codified in Chapter 49.17 RCW. The totality of DOSH rules can be found in Title 296 WAC. WAC 296-307 is specifically the safety standards for agriculture.

Fraud Prevention and Labor Standards

This division has quite a few laws employers must follow because it covers the basics of employment. 

Minimum Wage

Originally, Washington’s Minimum Wage Act covered only non-agricultural workers. However, in 1988 voters approved Initiative 518, which changed the Minimum Wage Act to cover all workers employed in Washington state. Consequently, the state minimum wage is the same for both non-agricultural and agricultural workers.

In 1998, voters approved Initiative 688, which raised the minimum wage and required the Washington State Department of Labor & Industries to make a cost-of-living increase to the minimum wage each calendar year based on the federal Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W).

Initiative 1433 passed in 2016, increasing the minimum wage and mandating that employers provide employees with a minimum amount of paid sick leave. I-1433 was codified at RCW 49.46.

The minimum wage for 2023 is $15.74 per hour. 

The minimum wage for 2024 will be $16.28 per hour. 

Some municipalities such as Seattle, SeaTac, and Tacoma have enacted higher minimum wage rates in their jurisdictions. Employers subject to those laws must pay the highest minimum wage required.

Minimum wage information from L&I can be found here. The new “Your Rights as a Worker Poster,” which employers must post where employees can read it, can be found here.

Ag Overtime

The Washington State Supreme Court’s decision in Martinez-Cuevas v. DeRuyter Bros. Dairy in 2020 set the path for eliminating a decades-long exemption from time-and-a-half overtime pay in agriculture. The immediate result of the ruling was the elimination of the exemption for dairy workers, meaning any hours over 40 each work week would need to be paid at 1.5 times the workers’ regular rate of pay. The Legislature subsequently lowered the overtime threshold for the rest of agriculture to 48 hours in 2023 and 40 hours in 2024. For more information, see this webpage. For ag overtime FAQs, visit this page.

Equal Pay and Opportunities Act

Employers must ensure that they are not basing an employee’s pay or career advancement opportunities on the employee’s gender. Gender cannot be a justifiable reason for differences in pay. Employers with 15 or more employees must include the wage scale or salary range in job announcements. See this webpage for more information.

Youth Employment

The days of easily hiring teenagers for farm work do not exist any longer. State laws and rules govern the employment of youth — both on farms and in non-agricultural workplaces. Employers must apply for and receive a minor work permit endorsement on their business license in order to hire minors. In addition, there are limitations on the work hours and activities of youth. This page includes more details about employing minors in agriculture.

Rest Breaks and Meal Periods

The topic of rest breaks and meal periods for agriculture can be complicated. We must understand that the rules for agriculture and non-agricultural workplaces are different. In agriculture, all workers must be allowed a rest period of at least 10 minutes for every 4 hours worked. The right to receive paid rest breaks cannot be waived by the employer or employee. The rate of pay for the rest break is different depending on how the worker is paid (hourly vs. piece rate). 

All employees must receive a meal period of at least 30 minutes for every 5 hours worked. If they work more than 11 hours in a day, they must receive an additional meal period of at least 30 minutes. Meal periods are unpaid as long as the workers are fully relieved of duties during the entirety of their meal periods. 

See this page and this L&I policy for more detailed information. 

Recordkeeping

Laws and policies define what records an employer must keep and what information needs to be disclosed to workers on paystubs. See this page and this policy for more details. 

Leave

Employees are granted protected leave from work under several different federal and state laws. The federal Family and Medical Leave Act is enforced by the U.S. Department of Labor. State Paid Family and Medical Leave (RCW 50A) provisions are overseen by the Washington State Employment Security Department. L&I enforces provisions of other state leave laws. 

Paid Sick Leave

Paid Sick Leave accrues to all employees at a minimum of 1 hour for every 40 hours worked. That is the minimum amount mandated by I-1433. Employees can use this leave to care for themselves or other family members. With the appropriate policies in place, employee absences of more than three consecutive days can require a doctor’s note. Employers can find more details about the notices, policies, and requirements here. RCW 49.46 and WAC 296-128 are the laws and rules pertaining to Paid Sick Leave.

Family Care Act

 (RCW 49.12.265; WAC 296-130) 

The Washington Family Care Act (FCA) allows employees to take any paid leave offered by their employer to provide treatment or supervision for a child with a health condition or to care for a qualifying family member with a serious or emergency health condition. More information about FCA can be found here. RCW 49.12.265 and WAC 296-130 are the laws and rules governing the FCA.

Domestic Violence Leave

This type of protected leave provides victims of domestic violence, sexual assault, or stalking the opportunity to take time off from work. Domestic violence leave is not limited to an employee’s available paid time off. It can include reasonable amounts of unpaid leave. RCW 49.76, WAC 296-135, and this L&I webpage contain more information about this leave.  

Military Family Leave Act

Military spouses can take up to 15 days of job-protected leave from work per deployment prior to or during the deployment. To qualify, employees must work an average of 20 hours or more per week. Employees must notify their employer within five business days of receiving notice of deployment. For more information, see Chapter 49.77 RCW or go to this page.

Emergency Services Personnel 

Certain emergency services personnel have the right to leave work in connection with their emergency services. See RCW 49.12.460 and this page for more details.

Pregnancy Leave and Accommodations

Several federal and state laws deal with pregnancy, adoption, and parental leave. If you have an employee who wants to take leave due to pregnancy, consult this page for applicable laws.