Country Life
Dairy • A13 Gardening • A14
Wednesday, November 11, 2020 • lyndentribune.com • ferndalerecord.com
Attorneys sort out full impact of overtime ruling State Supreme Court decided 5-4 against DeRuyter dairy farm of Yakima By Calvin Bratt editor@lyndentribune.com
WHATCOM — Attorneys are looking over what should be next steps after a ruling by the Washington State Supreme Court regarding overtime pay at a Yakima County dairy farm. The Washington State Dairy Federation characterized the court’s 5-4 ruling as “disappointing” in a Nov. 5 press release. The decision goes against the state’s — and nation’s — traditional exemption from paying farmworkers time-and-a-half for overtime, the federation says. “While we believe the court erred in its opinion, this case involves a state constitutional question, and there is no venue to appeal it beyond the state Supreme Court,” the federation said. Attorneys for agricultural employers are reviewing the decision, whether and how it applies to all of agriculture. “We are contemplating the next steps necessary and best practices that should be used in light of this ruling,” the federation said. “The most likely advice is for farmers to begin paying workers time-anda-half for overtime immediately.” The essence of the ruling is that farmworkers are entitled to overtime pay,
Agricultural labor in Whatcom County can be in both berry harvesting and processing as well as on dairy farms. eliminating a decades-old exemption for agriculture from the state’s minimumwage law, the Capital Press regional agricultural weekly reported. The ruling makes Washington the second state in the U.S. — after California, effective in 2025 — to grant farmworkers time-and-a-half pay for hours worked beyond 40 in
a week, the Capital Press reported. The ruling arises from the suit Martinez-Cuevas and Aguilar v. DeRuyter Brothers Dairy, brought by two former milkers at the Yakima County dairy. This is the Press’s account: The workers’ attorneys said denying them overtime pay violated the state
constitution’s mandate to protect workers in hazardous occupations. Writing for the court majority in agreement, Justice Barbara Madson called working on a dairy “extremely dangerous.” Justices Steven Gonzalez, Sheryl Gordon McCloud, Mary Yu and Charles Wiggins joined in the majority opinion.
In a separate concurring opinion, Gonzalez said he would look favorably on applying the decision retroactively, allowing farmworkers to sue for back pay. However, that issue was not in front of the court in this case. In a dissenting opinion, Justice Debra Stephens said overtime pay for some workers was granted by the
(Tribune file photo)
Legislature and was not a fundamental right for all. She also said it would be unfair to farmers to apply the decision retroactively. “Farm employers should not bear the overwhelming risk of financial devastation because they paid what the law required of them at the time,” she See Overtime on A14
45/50 SERIES 78 - 80HP
20 SERIES 31 - 55HP
15 SERIES 30 - 48HP
00 SERIES 24HP
Find out which Branson you are
Your Authorized Branson Dealer
1935
2020
Lynden, WA 888-855-4981 FarmersEquip.com