In a legislative session that has been lauded as bipartisan, the hearing on Senate Bill 5476 was a frustrating display of divisiveness and partisanship.

Representatives from Familias Unidas por la Justicia (FUJ) and Columbia Legal Services cast the bill as racist in their remarks while many farmworkers testified in support of the legislation.

“We still feel that this bill being brought up is part of the culture of retaliation that’s always present in agriculture when farmworkers speak up,” Edgar Frank, political director for FUJ, stated during his comments. “Racist laws excluded farmworkers in the beginning from overtime protections. We want to honor that history by undoing racist policies and practices in every way shape or form. We want Washington to uphold progressive laws, not ones that still uphold systemic racism. No other sector excludes workers from overtime and agriculture should not be exempt from that.”

His comments were furthered by Andrea Schmitt of Columbia Legal Services who testified: 

“I’ve read extensively the scholarship and most importantly the original Congressional documents that show that farmworkers were excluded from the first federal overtime laws in this country for racist reasons. The same exemption was adopted by this legislature without question when Washington passed its own overtime laws and that was overt racism turned into entrenched policy. It’s hard to come by a more straight-forward example of systemic racism and we must not press forward with this. It’s time to absolutely eradicate it. Overtime is a major regulatory shift for the industry. I’m sure there will be some adjustment in scheduling like there was for every other industry when overtime took effect long ago, but the industry has said over and over again in this body that there is a massive shortage of agricultural workers. If The industry is telling you the truth about shortages all these years, then a massive reduction in hours doesn’t add up.”

Senate Bill 5476 proposes to allow agricultural employers a 12-week annual window during which overtime will not be paid until employees have worked 50 hours or more. This window would be used during harvest season to ensure crops were harvested when they are ready.

The bill responds to farmworkers who have expressed a desire to work as many hours as they choose while also helping agricultural employers mitigate the costs of paying time-and-a-half in a labor market where the average hourly wage is $20/hr., making overtime $30/hr. 

Agriculture balances a unique set of circumstances and market pressures that are not intrinsic to other businesses. Agricultural employers have their income, thus their operating budgets, dictated by the marketplace. 

In fact, testimony from Jaime Reyna, an orchard manager highlighted the economics of agricultural overtime with concise precision: “Yeah, we weren’t against paying overtime. We just want a little bit of flexibility so we can provide more hours to the guys. I mean, if I pay 20 hours of overtime to every guy I have, I’m going to go broke. We’re going to go out of business and so we just want a little bit of help so we can be able to provide more hours.”

His fellow testimony panel member, Carlos Garcia, noted the hardships agricultural overtime has caused for his employees: 

“I’ve been in the farm business for roughly 40 years. Basically, I grew up being a farmer. Times are changing, we know that, but also some of these rules are hurting our people. Our people feel like they’re working backwards. They’re making less money as it is right now as they were probably 8, 10 years ago. So, we’re in support of the new bill and we need you guys’ help because without it, what’re we going to do? Forcing people just go back to 40 hours and that’s going to push them to work a second job. And that’s going to create another problem. What’s their family going to be doing? Being alone? That’s what we’ve been hearing from our workers.”

The testimony of five farmworkers was overshadowed by Sen. Rebecca Saldaña who neglected to make use of the translators available and added her own editorial comments to the end of a farmworker statement saying, “He’s saying that during the winter it’s really hard. There’s not enough work. It’s really hard to put hours together. So, that’s why when there is work, they need the extra hours. Being able to work 50 hours is what allows them to even survive. Um, and it would be even more if they worked those extra 10 hours and have that be time and a half, with overtime, and that’s my last, that’s my comments because it’s really hard for me to translate when I know they’re not given all the information. Thank you.”

Sen. Karen Kaiser said, “I do want to clarify there’s no limit on the number of hours per se. Just simply that after you work for 40 hours then overtime pay starts. Just to clarify because there’s no mandate that you stop working after 40 hours.”

Garcia responded, saying, “… when you employ 400 guys, a week, and you have to kick in the overtime, it’s going to hurt.”

Sen. Kaiser noted there were 1,084 people registered in support and 894 people registered in opposition but that there were more than 2,000 people tuning in for the hearing.

Our farmworker community is vast, varied, and filled with hard-working dedicated people who have a remarkable skill set whether it is pruning, picking, or turning a wrench. Not everyone can do these jobs and the people who can are truly extraordinary.

Senate Bill 5476 is an opportunity for farmworkers around the state to have a small portion of their stolen income restored to them through a 12-week timeframe that gives them an additional 10 working hours a week. Casting the bill as anything less than that is a gross misrepresentation of our farmworker community and the agricultural employers that work with them.

During testimony, Salvador Martinez, said it best, “I’ve been a farmworker for four years. The overtime legislation has had a really negative effect on us, especially with the high cost of living nowadays. Forty hours is just not enough, that’s why I support this bill. And, we, we, I’m here to ask you for your help. We, we want to work. We want those hours. We need those hours. Thank you.”