It is the intent of the legislature that the department assist agricultural employers in mitigating the costs of the state's unemployment insurance program. The department shall work with members of the agricultural community to: Improve understanding of the program's operation; increase compliance with work-search requirements; provide prompt notification of potential claims against an employer's experience rating; inform employers of their rights; inform employers of the actions necessary to appeal a claim and to protect their rights; and reduce claimant and employer fraud. These efforts shall include:
Conducting employer workshops and community seminars;
Developing new educational materials; and
Developing forms that use lay language.
[ 1998 c 245 § 99; 1991 c 31 § 1; 1990 c 245 § 10; 1989 c 380 § 82; ]
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
"Agricultural employment" or "employment" means employment in agricultural labor as defined in RCW 50.04.150.
"Department" means the department of labor and industries.
"Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any agricultural activity in this state and employs one or more employees.
"Employee" means a person employed in agricultural employment, and includes a person who is working under an independent contract the essence of which is personal labor in agricultural employment whether by way of manual labor or otherwise. However, "employee" shall not include immediate family members of the officers of any corporation, partnership, sole proprietorship, or other business entity, or officers of any closely held corporation engaged in agricultural production of crops or livestock.
"Minor" means an employee who is under the age of eighteen years.
[ 1989 c 380 § 83; ]
Each employer required to keep employment records under RCW 49.46.070, shall retain such records for three years.
Each employer shall furnish to each employee at the time the employee's wages are paid an itemized statement showing the pay basis in hours or days worked, the rate or rates of pay, the gross pay, and all deductions from the pay for the respective pay period.
[ 1989 c 380 § 84; ]
Any violation of the provisions of this chapter or rules adopted hereunder shall be a class 1 civil infraction. The director shall have the authority to issue and enforce civil infractions according to chapter 7.80 RCW.
[ 1989 c 380 § 86; ]
See note following RCW 50.04.150.
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The department shall establish an agricultural labor work group composed of members as specified in subsection (3) of this section.
The work group is charged with formulating policies related to agricultural labor issues and specifically related to creating safer working conditions and a living wage for agricultural workers. The work group must examine state protections for collective bargaining. The work group's policy on wage issues must address when paying piece rate, hourly rates, and overtime wages is appropriate for agricultural workers in specific agricultural industries, taking into consideration:
The seasonal nature of the work in a particular industry;
The tasks workers are required to perform;
The level of risks to human health and safety involved and other working conditions;
Worker benefits typically offered in the particular industry; and
Any other factors the work group finds appropriate when determining appropriate living wages for agricultural workers.
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The work group consists of the following voting members appointed by the governor:
Four members representing agricultural employers' interests, one of whom must be an agricultural employer. The members must include representation of employers from the dairy, tree fruit, cattle, and wheat industries, all of whom shall be appointed from a list of at least four names submitted by a recognized statewide organization of agricultural employers;
Four members representing agricultural workers' interests, one of whom must be an agricultural worker. The members must include representation of workers from the dairy, tree fruit, cattle, and wheat industries, all of whom shall be appointed from a list of at least four names submitted by a recognized statewide organization of agricultural workers;
One representative from the agricultural services industry; and
One representative from a statewide labor organization.
The following members must be included in the work group as ex officio members:
The director of the department or the director's designee; and
The director of the department of agriculture or the director's designee.
The work group may invite other state agencies to participate as ex officio members as needed.
The department must convene the work group's first meeting by September 1, 2021.
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When the work group reaches an agreement on a policy determination for appropriate living wages for agricultural workers, through consensus or majority vote and subject to (b) of this subsection, the work group's determination must be incorporated into the department's wage and hour policies and rules.
The work group will not be deemed to have reached an agreement on a policy determination for appropriate living wages for agricultural wages unless at least 75 percent of the work group's voting members representing agricultural workers agree to the policy determination.
The work group may use facilitators to assist the work group in achieving its goals and coming to agreement.
The members of the work group shall serve without compensation, but are entitled to travel expenses as provided in RCW 43.03.050 and 43.03.060.
The work group may use personnel and facilities of the department as needed without charge. The expenses of the work group shall be paid by the department.
[ 2021 c XXX § 2; ]**
** For causes of action for overtime wage claims filed on or after November 5, 2020, by agricultural workers in the dairy farm industry, a court may not award overtime wages retroactively for overtime wages that were not paid to the workers prior to November 5, 2020.
[ 2021 c XXX § 3; ]**