New law expands agricultural workers’ right to overtime pay
With dairy workers in Washington already eligible to earn overtime pay, a new state law will grant the same right to all other agricultural workers beginning Jan. 1, 2022.
Agricultural and dairy workers had long been exempt from the state’s Minimum Wage Act overtime requirement, but a group of dairy workers challenged that in a case decided by the Washington State Supreme Court in November 2020. In Martinez-Cuevas v. DeRuyter Brothers Dairy, the court ruled there were no reasonable grounds for the dairy workers to be exempt from overtime. The court said they had a constitutional right to protection for health and safety in a dangerous industry.
As a result of the ruling, dairy workers must be paid overtime after working more than 40 hours in a workweek.
The new law, Engrossed Substitute Senate Bill 5172, extends overtime rights to all agricultural workers by removing the agricultural exemption from the state Minimum Wage Act.
The Washington State Department of Labor & Industries (L&I) is responsible for enforcing the new law.
Phasing in overtime for all agriculture workers
To provide non-dairy agricultural employers time to prepare for the changes, the law incrementally reduces the number of hours their employees need to work in a workweek before they are entitled to overtime pay. Beginning:
- Jan. 1, 2022, the overtime threshold will be 55 hours
- Jan. 1, 2023, the overtime threshold will be 48 hours
- Jan. 1, 2024, the overtime threshold will be 40 hours
Under the new law, agricultural employees cannot seek retroactive payments for overtime worked prior to the law going into effect. In addition, dairy workers cannot file claims for overtime hours worked prior to Nov. 5, 2020. However, dairy workers can file complaints if they feel they earned overtime pay after Nov. 5, 2020, and did not receive it.
Currently, agricultural workers, including piece-rate workers, must earn at least the state minimum wage, which is $13.69 an hour in 2021. Overtime pay must be at least 1.5 times the employee’s regular rate of pay.
L&I plans extensive outreach
L&I’s Employment Standards Program is developing policies that will provide additional guidance and interpretation of the new law. The program is also conducting an extensive education and outreach effort, including webinars in English and Spanish (look for “Understanding the Changes in Agricultural Overtime Laws” in the event title dropdown menu).
There is more information about the law on L&I’s new agricultural overtime web page, including an infographic that highlights the changes in the new law. There is a Spanish version as well.
Employees who believe their right to overtime has been denied can file a complaint with L&I. The Employment Standards Program investigates all complaints.
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