Published 1:04 pm Thursday, January 6, 2022
OLYMPIA — The top-ranking Republican on the House Labor and Workplace Standards Committee has introduced a bill to add a seasonal clause to Washington’s new overtime law for farmworkers. House Bill 1750 would allow farms to choose 12 weeks a year during which the threshold for time-and-a-half would be 50 hours a week rather than 40 hours. The bill would amend legislation passed in 2021. Democrats, who control the House, last year rejected raising the overtime threshold during peak harvests. Rep. Larry Hoff of Vancouver has attracted nine co-sponsors, including two Democrats. “It certainly helps,” Hoff said. “I’m excited these Democrats see it’s the right thing to do.” The Washington Supreme Court thrust the issue onto lawmakers by a 5-4 ruling in 2020 that granted time-and-a-half pay after 40 hours in a week to dairy workers. In response, legislators voted to gradually extend the same overtime pay to all farmworkers. Beginning this year, the threshold will be 55 hours. In 2023, the threshold will be 48 hours. In 2024, the threshold will be 40 hours. Farm groups were pleased that majority Democrats phased in overtime. Lawmakers also voted to shield dairies from back-pay lawsuits. Hoff said adding a seasonal clause to the bill last year “was too big of a bite.” Under his bill, farms would be asked to make a “good-faith estimate” of which 12 weeks the threshold would be raised to 50 hours a week at least 30 days in advance. Farm and labor groups clashed over a seasonality exemption last year. Labor groups said overtime pay will prevent workers from being exploited. Overtime pay is meant to promote worker health and spread out work to more employees, according to the Washington Minimum Wage and Hour Act. Farm groups argue that the seasonal and weather-dependent nature of farm and ranch work compresses the earning potential of workers into fewer days than other jobs. “They want to work as many hours as possible, and this is going to rob them of their opportunity,” Washington Farm Bureau director of government relations Tom Davis said. The Supreme Court’s ruling overturned a law in place since 1959 exempting farmworkers from the state’s overtime wages. Farmworkers in a handful of other states are paid an overtime premium at varying thresholds. California began phasing in time-and-a-half after 40 hours in a week in 2019. All farmworkers will be covered beginning in 2025. The Legislature convenes Jan. 10 for a 60-day session. Even if lawmakers don’t act this year, an overtime bill will keep the issue in front of legislators for coming sessions, according to farm group lobbyists. Farm groups argue that the seasonal and weather-dependent nature of farm and ranch work compresses the earning potential of workers into fewer days than other jobs. “They want to work as many hours as possible, and this is going to rob them of their opportunity,” Washington Farm Bureau director of government relations Tom Davis said. The Supreme Court’s ruling overturned a law in place since 1959 exempting farmworkers from the state’s overtime wages. Farmworkers in a handful of other states are paid an overtime premium at varying thresholds. California began phasing in time-and-a-half after 40 hours in a week in 2019. All farmworkers will be covered beginning in 2025. The Legislature convenes Jan. 10 for a 60-day session. Even if lawmakers don’t act this year, an overtime bill will keep the issue in front of legislators for coming sessions, according to farm group lobbyists.
OLYMPIA — The top-ranking Republican on the House Labor and Workplace Standards Committee has introduced a bill to add a seasonal clause to Washington’s new overtime law for farmworkers.
House Bill 1750 would allow farms to choose 12 weeks a year during which the threshold for time-and-a-half would be 50 hours a week rather than 40 hours.
The bill would amend legislation passed in 2021. Democrats, who control the House, last year rejected raising the overtime threshold during peak harvests.
Rep. Larry Hoff of Vancouver has attracted nine co-sponsors, including two Democrats.
“It certainly helps,” Hoff said. “I’m excited these Democrats see it’s the right thing to do.”
The Washington Supreme Court thrust the issue onto lawmakers by a 5-4 ruling in 2020 that granted time-and-a-half pay after 40 hours in a week to dairy workers.
In response, legislators voted to gradually extend the same overtime pay to all farmworkers.
Beginning this year, the threshold will be 55 hours. In 2023, the threshold will be 48 hours. In 2024, the threshold will be 40 hours.
Farm groups were pleased that majority Democrats phased in overtime. Lawmakers also voted to shield dairies from back-pay lawsuits.
Hoff said adding a seasonal clause to the bill last year “was too big of a bite.”
Under his bill, farms would be asked to make a “good-faith estimate” of which 12 weeks the threshold would be raised to 50 hours a week at least 30 days in advance.
Farm and labor groups clashed over a seasonality exemption last year. Labor groups said overtime pay will prevent workers from being exploited.
Overtime pay is meant to promote worker health and spread out work to more employees, according to the Washington Minimum Wage and Hour Act.
Farm groups argue that the seasonal and weather-dependent nature of farm and ranch work compresses the earning potential of workers into fewer days than other jobs.
“They want to work as many hours as possible, and this is going to rob them of their opportunity,” Washington Farm Bureau director of government relations Tom Davis said.
The Supreme Court’s ruling overturned a law in place since 1959 exempting farmworkers from the state’s overtime wages.
Farmworkers in a handful of other states are paid an overtime premium at varying thresholds. California began phasing in time-and-a-half after 40 hours in a week in 2019. All farmworkers will be covered beginning in 2025.
The Legislature convenes Jan. 10 for a 60-day session. Even if lawmakers don’t act this year, an overtime bill will keep the issue in front of legislators for coming sessions, according to farm group lobbyists.
