Overtime bill hits a dead end in WA Legislature

OLYMPIA — Senate Bill 5476 which aimed to provide agricultural employers with the flexibility to schedule up to 12 weeks of 50-hour of “special circumstance” workweeks without triggering overtime pay requirements met its end in the Senate Committee on Labor and Commerce. 

"We did get a good hearing on the issue, and senators in the Senate Labor Committee had the chance to again hear from workers and farmers about these impacts. Although there have been indications from several Democratic legislators that they recognize that there is a problem and that they’re more open than they had been in the past to discuss opportunities to mitigate some of those impacts,” said Jon DeVaney, President of the Washington State Tree Fruit Association. 

Sponsored by Sen. Curtis King, R-Yakima, the legislation responded to the rising production costs, intending to address farmer’s challenges in adapting to market fluctuations and seasonality.  Stakeholders said they expressed hope that despite its demise, the bill has spurred essential conversations within the legislature about the pressing issues facing workers and farmers. 

DeVaney said that, without changes, growers and farm workers will face limitations in managing workloads within the 40-hour threshold.

Jan. 23, 2024, marked Tree Fruit Day when tree fruit industry members including DeVaney engaged with Washington lawmakers to provide insights into how proposed measures impact orchard operations with a focus on promised gas tax exemptions and overtime flexibility.  

In response to the death of SB 5476, King says that there are no other bills this session that address overtime. He said would continue to work on this bill over the interim and analyze what other states are doing regarding scheduling special circumstance weeks.

“This is a real detriment for our farms, farmers have no control over the products they produce which makes it difficult to manage the products they make,” said King.  

Sen. Judy Warnick, R-Moses Lake, said she was disappointed that SB 5841 died. She believes there was much pressure from labor unions who testified against the bill. 

“The employers are unable to afford overtime wages. They are also worried about timely harvesting of sensitive crops without sufficient help. SB 5841 would have helped both the employers and the farm workers, especially during harvest season,” Warnick said.

Renee Diaz is a legislative intern with the Columbia Basin Herald, covering the 2024 Washington legislative session.