It is definitely the water level. I am not sure if that will be the case with all the new he top loaders or this one. The load was not over full and I read the instructions to make suse I am using the correct cycle. Some of my shirts on the top of load are not even getting wet until the rinse cycle. Thanks to the glass lid I have been watching. Clothes are just sitting on the top. In these new washer it senses the water needed and uses as little as possible. The problem is the water level is about 3 inches from the top of clothes and it doesn't move them enough to make the ones on top go to bottom.
Because of new regulations, the water level is controlled by sensors and you can't set it yourself. And you are right, this results in clothes not getting clean. Here is the work around we use. Set the controller to delicate or sensitive or whatever yours says. This will override the water sensor and add more water. Then set the soil selector to heavy, the spin speed to high and add an extra rinse at the end. This works well for us. Good luck!