SB 5487
In CommitteeSenate
Agricultural overtime
Authorizing agricultural employers to select 12 weeks a year to employ workers for up to 50 hours a week before overtime applies.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill allows Washington agricultural employers to choose up to 12 weeks per year when they can schedule workers up to 50 hours without paying overtime, to accommodate peak harvest periods. It modifies the state’s overtime law to add this limited seasonal flexibility while keeping the standard 40-hour overtime threshold for the rest of the year. The bill also includes new notice and recordkeeping requirements for employers.
- Allows agricultural employers to designate up to 12 weeks per year as 'special circumstance weeks' for labor demand, during which they may require up to 50 hours of work per week before overtime pay is required.
- Maintains the current 40-hour overtime threshold for agricultural workers outside of special circumstance weeks, as fully phased in by January 1, 2024.
- Requires employers to provide written notice to workers at least 30 days in advance (or earlier for visa workers) of which weeks are designated as special circumstance weeks, and to update the list with one week’s notice if changes occur due to unforeseen circumstances.
- Mandates that employers keep records of which special circumstance weeks were used, in addition to standard wage records.
- Clarifies that the overtime exemption for agricultural workers that existed before November 5, 2020 is no longer valid for claims arising after that date, except for dairy workers in the Martinez-Cuevas lawsuit.
Who is affected
- Agricultural workers — Farm workers may see changes in their weekly hours and pay, especially during peak harvest seasons, as employers adjust schedules to avoid overtime costs during designated 'special circumstance weeks.'
- Agricultural employers — Farm and orchard owners, ranchers, and other agricultural employers gain flexibility to schedule up to 50 hours per week for 12 weeks without triggering overtime, but must follow new recordkeeping and notice rules.
- Temporary agricultural visa holders — Workers on temporary agricultural visas (e.g., H-2A) receive written estimates of special circumstance weeks as part of visa application materials, aligning with federal disclosure requirements.
- State labor enforcement agencies — State agencies responsible for enforcing wage laws (e.g., Washington Department of Labor & Industries) must monitor compliance with new notice, recordkeeping, and overtime rules for agricultural employers.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Allows agricultural workers to earn more during peak harvest by working up to 50 hours without triggering overtime — effectively increasing take-home pay for those who want and are able to work extra hours during high-demand periods. This directly benefits workers seeking higher seasonal earnings.
FinancialPeopleRef: Sec. 2(6)(a)(i)Mandates advance written notice of work schedules, giving workers greater predictability and control over their time — especially important for workers with caregiving, transportation, or second-job constraints.
Rights & LibertiesPeopleRef: Sec. 2(6)(a)(iii)-(iv)May reduce pressure on workers to work unsafe hours outside designated weeks by allowing up to 50 hours during peak periods without overtime — potentially lowering fatigue-related injury risk during critical harvest windows.
Public SafetyPeopleRef: Sec. 2(6)(a)(i)Helps preserve agricultural jobs and farm viability in a high-cost state by allowing employers to manage labor costs during short, intense harvest windows — addressing the bill’s cited concern that farms are closing at a rate of two per day.
Business & EmploymentPeopleRef: Sec. 2(6)(a)(i)May improve mental health outcomes for agricultural workers by stabilizing employment and income during peak season, countering the bill’s cited 25% higher suicide rate among agricultural workers.
HealthcarePeopleRef: Sec. 2(6)(a)(i)
Potential Concerns (5)
Allows agricultural employers to schedule up to 50 hours per week for 12 weeks without overtime, potentially reducing labor costs during peak harvest periods. This flexibility may help prevent farm closures and preserve jobs in a high-cost sector.
Business & EmploymentRef: Sec. 2(6)(a)(i)Requires employers to provide written notice of special circumstance weeks (30 days advance for most workers, contemporaneous with visa application for H-2A workers), and maintain records of used weeks. This creates administrative burden but may reduce wage theft claims through clearer expectations.
Business & EmploymentRef: Sec. 2(6)(a)(iii)-(iv)May reduce workplace fatigue-related accidents during peak harvest by allowing employers to schedule needed hours without overtime penalties, though this is speculative without data on accident rates.
Public SafetyRef: Sec. 2(6)(a)(i)Could reduce employer compliance costs with overtime tracking outside the 12 designated weeks, as the standard 40-hour threshold remains for the rest of the year.
Business & EmploymentRef: Sec. 2(6)(a)(i)May reduce labor disputes and enforcement actions by requiring good-faith scheduling and limiting last-minute changes to unforeseen circumstances, though enforcement capacity will still be needed.
Local GovernmentRef: Sec. 2(6)(a)(iv)(C)
Who Is Most Affected
Farm workers who want to maximize seasonal earnings may benefit from the ability to work up to 50 hours during 12 weeks without overtime — increasing take-home pay. However, those who prefer predictable hours or cannot work extra may see reduced scheduling flexibility. The 30-day advance notice helps with planning but does not guarantee preferred hours.
Large and small agricultural employers gain scheduling flexibility during peak harvest, potentially reducing labor cost overruns and preventing business closures. However, they must comply with new notice and recordkeeping requirements, adding administrative burden. The benefit is concentrated among employers who face acute seasonal labor demand spikes.
H-2A visa workers receive written estimates of special circumstance weeks as part of visa applications, aligning with federal disclosure rules. This improves transparency for temporary workers, but they remain vulnerable to employer discretion in designating weeks, especially if changes occur with only one week’s notice.
Labor enforcement agencies gain clearer statutory boundaries for overtime enforcement, potentially reducing ambiguity in wage claims. However, monitoring compliance with notice and recordkeeping rules adds complexity, especially for seasonal enforcement needs.