OLYMPIA, Wash. — Starting this month, farmers will be required to pay their workers overtime when they log more than 40 hours a week. The law was passed in 2021 but took several years to kick in.
Hundreds of farm workers, many from central and eastern Washington took to the state capitol Thursday. They said they are, of course, not against being paid overtime. The group said the reality of this new law is their employees are capping their hours at 40 hours a week resulting in less pay overall.
Father and son Rojelio and Jose Valdez work in the pear orchards in Cashmere, Washington.
“I think as far as agriculture goes you know everyone who works in agriculture, I think we’re all in the same page, I don’t think you’ll find a single person that’s in favor of the overtime rules,” Jose Valdez said.
They said their bosses have capped their hours to 40 hours a week to not pay overtime because of the new legislation. Instead, they’ll simply bring in different workers to finish the job.
“It’s impacting me," Rojelio Valdez said in Spanish. "And I think every worker is feeling it in their pocketbook too."
The law passed in 2021 and at the time drew praise from President Joe Biden. It was enacted in phases and the limit for overtime pay dropped to 40 hours a week. That’s eight hours a day.
Senator Ron Muzzall, a farmer himself who represents the 10th Legislative District, said the new regulations will impact seasonal workers more than anyone else.
“Now they’re having to stay here 52 weeks a year to make the same amount of money or less in many cases it’s less that 40 hours a week – we’ve taken away their profit potential,” Muzzall said. “We’re asking for seasonality, we’re asking for periods of time depending on the industry to be able to exceed 40 hours a week and not pay that overtime."
As for the workers they said it’s their choice to log long hours when the picking is good – something they don’t want to give up.
The United Farm Workers of America, a labor union that testified in favor of the original bill in 2021, said in a statement on its website that the exclusion of farm workers from overtime pay is “racist." The union is actively campaigning for OT pay to be extended to all farm workers nationwide.