The bill aims to provide agricultural employers in Washington with the flexibility to select any 12 weeks in a calendar year as "special circumstance weeks" for labor demand. During these selected weeks, employers can employ agricultural employees for up to 50 hours before the requirement to pay overtime applies, which is a change from the standard 40-hour workweek threshold. The bill amends RCW 49.46.130 to include provisions for this flexibility, requiring employers to maintain records of the selected weeks and provide written notice to employees regarding these weeks. Additionally, it mandates that employers disclose a good-faith estimate of the selected weeks at least 30 days in advance.

The legislation also addresses the economic challenges faced by agricultural workers and employers, particularly in light of the recent changes to overtime pay laws. It recognizes the unique pressures of the agricultural industry, such as weather uncertainties and market fluctuations, which can impact labor demand. Furthermore, the bill includes a provision that protects employers from damages or penalties related to unpaid overtime claims for agricultural employees due to their historical exclusion from overtime pay prior to November 4, 2020. This act is declared necessary for the immediate preservation of public peace, health, or safety, and takes effect immediately.

Statutes affected:
Original Bill: 49.46.130