• Administrative policies on agricultural overtime updated, farm labor contractor disclosure form revisions continue

    December 17, 2021
    The Washington State Department of Labor & Industries (L&I) has updated four of its administrative policies in response to passage of Engrossed Substitute Senate Bill 5172 granting overtime rights to agricultural workers.

    The administrative policies are:
    • ES.A.8.1 – Overtime
    • ES.B.1 – Paid sick leave – frequently asked questions
    • ES.C.6.2 – Agricultural labor standards – meal periods, rest periods, and rates of pay
    • ES.D.2 – Recordkeeping and access to payroll records (agricultural employment)
    The Employment Standards Program, utilizing stakeholder feedback, worked to have these policy updates finalized before Jan. 1, 2022, when agricultural workers will have the right to earn overtime.

    Updates to three of the policy were minor in nature, mainly deleting language that was inaccurate with the passage of the law.

    For Administrative Policy ES.C.6.2, the program updated the existing examples to use the 2022 state minimum wage for determining an employee’s rate of pay. Additional examples have been added to the policy to show how to calculate overtime pay rates for employees who are paid hourly and on a piece-rate basis.

    At the same time, the program is also updating the Farm Labor Contractor & Worker Disclosure Statement, and creating an accompanying instruction sheet. The changes will help clarify what information contractors must provide and streamline the process for contractors, employers and employees. The program plans to finalize these documents by the end of the year.

    Contact the Employment Standards Program at:
    Phone: 1-866-219-7321
    Email: esgeneral@lni.wa.gov
    Website: Lni.wa.gov
    Employment Standards Program
    esgeneral@lni.wa.gov , 1-866-219-7321