The Washington Supreme Court held that RCW 49.46.130(2)(g), which excluded agricultural workers from the Minimum Wage Act’s overtime protections, violated the privileges and immunities clause of the state constitution. The decision declared the health, safety, and protection of workers in dangerous industries in Washington State to be a fundamental right warranting safeguards against undue favoritism.
Per instructions from Washington State Supreme Court, the case was remanded to the trial court for an entry of summary judgement in favor of the class of dairy workers with the additional instruction that attorney fees be awarded as well. The trial court approved a class settlement which resulted in the payment of DeRuyter workers for back overtime pay, including interest. Additionally, the settlement included partial attorney fees and incentive payments for the class representatives.
This case marks a significant stance by the Washington State Supreme Court recognizing agricultural workers’ labor guarantees through the privileges and immunities clause of the state constitution. Although the decision concerned the constitutionality of the MWA exception as it relates to dairy workers, in the legislative session immediately following the decision, the Washington legislature adopted ESSB 5172, which grants overtime protections to all agricultural workers on a phased-in basis, by January 1, 2024.
For their contributions, special thanks to ESCR-Net members: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.
Intervenor-Respondents: Washington State Dairy Federation; Washington Farm Bureau
Amicus Curiae: Fred T. Korematsu Center for Law and Equality; American Civil Liberties Union of Washington; Washington State Tree Fruit Association; Hop Growers of Washington; The Farmworker Justice Project; Professor Marc Linder; Washington Employment Lawyers Association; National Employment Law Project; Familias Unidas Por La Justicia; United Farm Workers of America
