Wednesday, November 11, 2020

Washington Supreme Court: Farmworkers to Get Overtime Pay

SEATTLE — A divided Washington Supreme Court ruled Thursday the state’s dairy workers are entitled to overtime pay if they work more than 40 hours a week, a decision expected to apply to the rest of the agriculture industry.

For the past 60 years, state law _ like federal law _ has exempted farmworkers from classes of workers who are entitled to overtime pay, but in a 5-4 ruling the court found that unconstitutional. The majority said the Washington state Constitution grants workers in dangerous industries a fundamental right to health and safety protections, including overtime, which is intended to discourage employers from forcing employees to work excessive hours.

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Publisher: Claims Journal
Date: 2020-11-09T16:49:47 00:00
Twitter: @cjournal
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In case you are keeping track:

Washington Dairy Farmers to Pay $20.54 per Overtime Hour in 2021 | Dairy Herd Management
Publisher: Dairyherd
Twitter: @DairyHerd
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Case: Wage & Hour/Overtime (Wash.)
Date: Case: Wage amp Hour/Overtime Wash.
Twitter: @BloombergLaw
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City audit highlights more issues with Albuquerque Police’s overtime policies | KRQE News 13

ALBUQUERQUE, N.M. (KRQE) – Weeks after APD announced it would overhaul its overtime policies with the focus on a former officer, a newly published city audit shows it's not just one officer collecting large sums of overtime pay. A report from the City of Albuquerque's Office of Internal Audit shows between July 2019 and June 2020, several department employees made nearly six figures in overtime pay on top of their normal full-time salary.

According to the newly-published audit, four officers were paid at least $90,000 dollars of overtime by working about around 38 extra hours a week. Auditors found two of those employees made more than $100,000 in the last budget year.

Publisher: KRQE News 13 Albuquerque - Santa Fe
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Other things to check out:

Washington Supreme Court Alters State's Agricultural Exemption in the Minimum Wage Statute |

On November 5, 2020, the Washington Supreme Court altered a 60-year provision of Washington’s Minimum Wage Statute when it issued its decision in Martinez-Cuevas v. DeRuyter Brothers Dairy . The court held that the agricultural overtime exemption at RCW 49.46.130(2)(g), which exempted agricultural employers from paying overtime at a rate of 1.5 times the regularly hourly rate, violated article I, section 12 of the Washington State Constitution as applied to dairy workers.

In Martinez-Cuevas , the court cited long hours and dangerous work conditions to dairy workers to find that the Washington legislature lacked reasonable grounds for granting the overtime exemption to agricultural employers, as applied to dairy workers. Chief Justice Stephens, in her dissent, pointed out that the majority’s reasoning could be applied to most agricultural employers.

Publisher: JD Supra
Twitter: @jdsupra
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Audit: 2 APD employees made $100K in OT » Albuquerque Journal

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Author: Elise Kaplan Journal Staff Writer
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Biden Promised to Reclassify Gig Workers. But How Will He Actually Do it?

On president-elect Joe Biden's website, he promises to "ensure workers in the 'gig economy' and beyond receive the legal benefits and protections they deserve. 

But what a Biden presidency will mean for the country's millions of gig workers—Uber and Lyft drivers, Instacart shoppers, DoorDash and GrubHub delivery workers, could be transformative change—or more of the status quo. 

At the same time, an increasingly formidable worker-led movement fighting for employee-rights in the gig economy is under no illusions that a Biden administration will deliver on these plans without significant pressure. As vice president and throughout his political career, Biden has earned a reputation for a style of governance defined by compromise, incremental change, and across the aisle relationships. 

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Twitter: @vice
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Farmworker Overtime Case | KMJ-AF1

A divided Washington state Supreme Court ruled that the state's dairy workers will get overtime pay if they work more than 40 hours a week.

The Associated Press says it's possible that the decision could someday apply to the rest of the agriculture industry.

For the past six decades, Washington state laws have mirrored federal law in exempting farmworkers from the classes of employees entitled to overtime pay.

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The majority says the Washington state Constitution grants workers in dangerous industries a fundamental right to health and safety protections, including overtime.

Publisher: KMJ-AF1
Date: 2020-11-09T08:52:57 00:00
Author: cmusson
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