If you work on a farm in the Spokane area or elsewhere in Washington State, significant changes to overtime laws now affect your paycheck and your rights. After decades of exemptions that left agricultural workers without the same protections as other employees, Washington has finally leveled the playing field. Whether you are harvesting apples in an orchard or working in the fields, it is crucial to understand how these new rules work and what they mean for you.
The multi-year phase-in schedule
Washington’s agricultural overtime rules changed gradually rather than all at once. In 2021, the Washington Supreme Court issued a ruling that, along with subsequent legislation in Senate Bill 5172, ended the long-standing exemption that had previously kept many agricultural workers from receiving overtime pay.
However, the law did not move directly to a 40-hour threshold overnight. Instead, it went through the following phases each year to give employers time to adjust:
- 2022: Overtime required after 55 hours.
- 2023: Overtime required after 48 hours.
- 2024 (current): Overtime is now required after 40 hours per week.
As a result, agricultural workers have the same 40-hour standard benefit as most other Washington employees.
Calculating pay for piece-rate workers
In many Spokane area farms, wages generally depend on the amount of units workers harvest rather than the number of hours they spend working. Even so, piece-rate workers are still entitled to overtime pay under Washington law.
To calculate overtime for a piece-rate employee, your employer must first determine your regular rate of pay by dividing the total earnings for the workweek by the total hours worked. After establishing that regular rate, the overtime rate is calculated at time and a half. This means your pay must generally be one and one-half times the regular rate for every hour you exceeded in a standard 40-hour work week.
What workers need to know
To ensure you qualify for these new overtime rules, it is vital that you are not incorrectly labeled as an independent contractor. Misclassification can potentially make you ineligible for overtime pay.
Generally, you also have legal protections when you want to ask about, reporting or asserting your right to overtime pay. It is illegal for your employer to fire, punish or discriminate against you for doing so.
When your labor and time have value
If you believe your employer is not paying you properly, you do not have to accept it. An employment attorney can help you recover the lost wages while protecting your rights.