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 that require 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.
Furthermore, the bill includes a provision that protects employers from damages or penalties related to unpaid overtime claims for agricultural or dairy employees due to their historical exclusion from overtime pay prior to November 4, 2020. This protection applies retroactively to claims initiated after that date, although it does not affect dairy employees entitled to back pay from a specific court case. The bill emphasizes the importance of the agricultural sector to Washington's economy and seeks to address the challenges faced by farmers and agricultural workers, particularly in light of increased labor costs and the need for flexibility in labor scheduling.
Statutes affected: Original Bill: 49.46.130