Bills could protect Washington farmers following court ruling
Legislation in the state House and Senate may protect Washington farmers from being required to pay employees for overtime retroactively, a possibility stemming from a Washington Supreme Court ruling in November.
Gerald Baron, executive director of Save Family Farming, said during a virtual press briefing Tuesday the court ruling dealt a “significant blow” to farmers and farmworkers.
Save Family Farming is a nonprofit organization advocating for family farmers in Washington, according to the organization’s website.
The 5-4 Supreme Court decision enabled farmworkers to receive overtime pay, according to Capital Press. This ruling reversed an old state law that exempted agricultural workers from overtime pay.
Baron said after the court ruling, some judges allowed litigation for three years of retroactive overtime pay. Although the case that led to the Supreme Court ruling dealt with dairy farms only, it “left the door very wide open” by applying the ruling to other farms as well.
Currently, there are at least 24 class-action lawsuits filed against Washington farms concerning overtime pay, according to the Save Family Farming website. Most of the lawsuits are aimed at dairy farms.
Scott Dilley, communication director for the Washington State Dairy Federation, said during the press briefing Senate Bill 5172 and its companion bill, House Bill 1217, would make new interpretations of a law apply prospectively rather than retroactively.
“That’s the key thing for us at the moment,” Dilley said. “This bill attempts to solve that problem.”
Dilley said both SB 5172 and HB 1217 would not only address issues farmers face; they could apply to other industries as well.
Sen. Curtis King, R-Yakima, is the primary sponsor of SB 5172. Sen. Mark Schoesler, R-Ritzville, is a co-sponsor on the bill.
The primary sponsor of HB 1217 is Rep. Larry Hoff, R-Vancouver. The House bill is also co-sponsored by Rep. Tom Dent, R-Moses Lake; Rep. Keith Goehner, R-Dryden; and Rep. Joe Schmick, R-Colfax.
“This really shouldn’t be a partisan issue,” said Jon DeVaney, president of the Washington State Tree Fruit Association, during the press briefing. “As we’ve been talking to legislators in both parties, I think a lot of them understand that issue.”
Rich Appel, a dairy farmer in Whatcom County, said during the briefing there is a “big disconnect” between lawmakers and farmers.
April Clayton, a fruit grower from Douglas County, said during the briefing that paying three years of retroactive overtime pay will be “the nail in the coffin” that will ruin industries in Washington.
“We shouldn’t be penalized for following the law,” Clayton said.
Jason Vander Kooy, a dairy farmer in Skagit County, said during the briefing the court ruling presented a challenge for him and his employees. Lawsuits aimed at farmers may present an additional issue.
“That’s something that is on my mind heavily, because that’s something that I can’t fix,” Vander Kooy said.
SB 5172 is scheduled for a public hearing at 8 a.m. Thursday. HB 1217 had its first reading Jan. 15.