OLYMPIA — Washington is now one of the first states to fully extend overtime pay to agricultural workers who work beyond 40 hours per week. The law, passed in 2021 after negotiations between labor advocates and agricultural producers, is now in full effect, sparking industry debate. 

“We compromised a lot,” said Edgar Franks, political director for farmworkers union Familias Unidas por la Justicia. “We thought we had a pretty good bill for both sides.”  

A handful of farmers and farmworkers gathered at the Capitol on Feb. 4 to rally against the overtime law, claiming the legislation has led to negative economic effects, including reduced hours for workers.  The event was organized by a partnership between the Washington State Tree Fruit Association, The Center for Latino Leadership, and Save Family Farming.  

Lawmakers have proposed companion bills to address the concerns. HB 1597 and SB 5487, if enacted, would allow employers to select a 12-week period each year during which agricultural employees can work up to 50 hours per week before overtime pay is required. The bill aims to provide flexibility for scheduling during harvest season. 

“I think the bill finds a balance,” its main sponsor Rep. Tom Dent, R-Moses Lake, said. “I think it gives them some seasonality when you're in harvest and things are going fast and furious.”  

Rep. Liz Berry, D-Seattle, chair of the Labor and Workplace Standards Committee, said a hearing has yet to be determined as lawmakers are still assessing the impacts of the original legislation. 

Opponents of the overtime law who advocated for the proposed bills argue the overtime policy has significantly increased labor costs, especially among tree fruit growers.  

Tree fruit is one of Washington’s most valuable industries, but its harvest is among the most labor-intensive, with mechanization efforts still in development. According to the Washington State Tree Fruit Association, apples, pears and sweet cherries brought in more than $2.8 billion in 2024, statewide. 

“In a very financially constrained and highly competitive sector, those employers just may not have the financial pricing power to say that I'm going to be able to pay that additional wage,” said Jon DeVaney, president of the Washington State Tree Fruit Association.  

According to a 2022 study done by the U.S. Department of Agriculture, hired labor can account for up to 38% of production costs for tree fruit growers, with farm minimum wages also rising faster than the rate of inflation at the time. 

DeVaney further explained that local producers cannot raise their prices to offset production costs. Customers view their products as equivalent to imports from other countries, which have equal access to U.S. markets, leading to lower profit margins and reduced competitiveness. 

To compensate, growers may either reduce production during peak season or hire additional workers to keep individuals under the overtime threshold, resulting in reduced hours and lower wages, said DeVaney. 

Kent Krastetter, owner of family orchard RJK Farms in Quincy, said he cannot afford to pay overtime for all of his staff, forcing him to reduce hours below 40 per week for some while increasing dependency on H-2A workers, foreign workers under temporary visas, to meet labor demand. 

He expressed his frustration with the legislation as he and 14 farm workers joined 300 others from across Eastern Washington to rally against the overtime law for the first time last year. He believed their concerns fell on deaf ears.  

“They just sit on (the bills) when this could be a possible solution that would help both farmers and the workers,” said Krastetter.  

Labor advocates, however, remain firm in their support for the overtime law, ensuring equal rights for farm workers.  

“This has always been an uphill battle,” said Antonio De Leora-Burst, communications director of United Farm Workers. “No industry should feel entitled to use workers' bodies up at a rate that it's not meant to endure.”  

Since 1938, farm workers at both state and federal levels have been exempt from receiving overtime pay under the Fair Labor Standards Act, a policy labor advocates have criticized as racist given how prevalent Black American farm workers at the time. 

In 2020, Washington challenged this federal norm through a lawsuit filed by dairy farmers, José Martínez, 60, and Patricia Aguilar, 21, against DeRuyter Brothers Dairy farm. The Washington Supreme Court ruled in favor of the workers, declaring that denying overtime pay and rest breaks was unconstitutional.  

The state legislature expanded overtime pay to all agricultural workers the following year in SB 5172, with compromises made by labor advocates, agricultural producers, and other stakeholders. 

Martínez believes efforts to adjust the law are another tactic for farm owners to avoid paying overtime. 

“A lot of the talk of what's happening right now is very politically driven,” said Martinez, as translated by De Leora-Burst. “The ranchers, the farm owners are really just using this as their latest excuse to try to continue to have a lot of control over the workers.”  

Franks argued that many available hours are going to H-2A workers rather than local workers. 

According to Franks, the Department of Labor’s current wage system for H-2A  workers sets a fixed hourly rate based on data from the Washington Employment Security Department. The current rate is $19.25 per hour, replacing the traditional piece rate, which compensates workers for how much they pick and can result in higher earnings. The shift makes it easier for employers to hire cheaper labor, he said. 

The FUJ filed a lawsuit against the Department of Labor to reinstate the piece rate system; however, despite a judge ruling in the union’s favor, legal proceedings are still ongoing. 

“I think that is why employers like having the H-2A program- because it's a workforce that can't really advocate for themselves,” said Franks. 

Martinez urged farm workers to continue educating themselves about the laws and exercising their rights. 

He emphasized the goal of the legislation is not to work more hours but to ensure workers are fairly compensated and receive the benefits they deserve. 

“Even at my age, I’m going to keep fighting,” said Martínez. “And I’m going to keep fighting until the day I die.”