New Law Makes WA Dairy Workers Eligible For Overtime

TUMWATER, WA — Dairy workers will be raking in the milk money (sorry for the pun) starting later this month, thanks to a new state law that makes them eligible for overtime pay.

Previously, all agricultural workers had been exempt from Washington's Minimum Wage Act overtime requirement, but a lawsuit brought by a group of dairy employees, Martinez-Cuevas v. DeRuyter Brothers Dairy, ended with the Washington State Supreme Court ruling last year that there was no legal reason those workers should be kept exempt from bonus pay.

As a result of that lawsuit, and thanks to the passage of Engrossed Substitute Senate Bill 5172 during this year's legislative session, dairy workers will begin accruing overtime pay any time they work more than 40 hours a week starting on July 25.

The overtime provision will be enforced by the Washington State Department of Labor & Industries.

“This well-defined overtime standard for our state’s agricultural workers eliminates ambiguity and extends basic workplace protections to these essential workers,” said L&I Director Joel Sacks. “When it comes to overtime, the folks who supply the food for our families’ tables will have the same rights as other workers in Washington.”

Though dairy workers are getting it first, all agricultural employees will become eligible for overtime starting Jan. 1, 2022 — though their overtime will be phased in. Starting next year, non-dairy agricultural workers will get overtime for any hours over 55 worked in a workweek. In 2023, the threshold will be 48 hours, and in 2024 the threshold will lower to the standard 40 hours per workweek.

Those employees will not be able to retroactively claim overtime for hours worked before the law went into effect.

Overtime pay must be at least 1.5 times the employee's regular rate. To protect workers, L&I says it is working on additional guidance and interpretation to help employers adapt to the new overtime requirements. Employees will also be able to file a complaint with L&I if they believe their right to overtime has been violated.

>> Learn more about the new changes from the Washington State Department of Labor & Industries