The Washington State Supreme Court decided in a 5-4 split decision last week in favor of two dairy farm workers who sued their employer claiming they were entitled to overtime pay. The court’s decision paves the way for dairy workers to receive overtime pay if they work more than 40 hours in a week and will likely apply to other agricultural workers in the state, according to an article in the Seattle Times. The court’s “majority said the Washington state Constitution grants workers in dangerous industries a fundamental right to health and safety protections, including overtime, which is intended to discourage employers from forcing employees to work excessive hours.” Industry groups pointed out that higher labor costs will accelerate the adoption of robotics to replace farm workers. They also said that farm employers will be forced to limit workers’ hours to 40 hours/week, causing the workers to seek second jobs and still work long hours every week at two or more jobs. Washington is now the first state with farmworker overtime as a result of a legal ruling. California, New York, Minnesota, and Maryland also have various forms of farm employee overtime.
New York farm employers are still adapting to overtime, mandatory day-of-rest, and collective bargaining; all of these were modified in important ways in 2020 while mandatory sick leave requirements were added to the list. Ag Workforce Development Council is hosting Labor Roadshow IV as a virtual event. A series of five one to two-hour webinars will be held online through Zoom at noon on November 18, 19, 20, 23, and 24. Cost is $55 per person to attend all five webinars and to receive links to the webinar recordings.
Find all the details in the virtual Labor Roadshow IV flyer.
Register at tinyurl.com/LaborRoadshowIV.
Topics will include:
- FLFLPA overtime and day-of-rest updates
- New NY permanent sick leave law and insurance requirements
- Paid family leave, disability, and worker’s compensation
- Union education for farm managers
- FLFLPA employee housing requirements
- Sexual harassment prevention training requirements
- COVID-19 and farm workforce health
