State high court accepts UFW brief over paid rest breaks for Washington state farm workers
Washington’s Supreme Court has accepted the United Farm Workers of America’s brief in a case it will decide about whether farm workers in the state are entitled to paid rest breaks when they labor on piece rate. The grower opposing paid rest breaks filed papers formally objecting to the high court’s consideration of the UFW’s arguments in Ana Demetrio, et al v. Sakuma Brothers Farms, Inc. (No. 90932-6). The union is not directly involved with the case nor does it represent workers at Sakuma Brothers. The UFW does represent other farm workers under union contract across Oregon and Washington.
In its brief the UFW outlined its support of the farm workers’ claims that they are entitled to paid rest periods while working on piece rate—so many cents per every unit harvested. The UFW has asked the Supreme Court to follow the lead of California, the only state in the nation that requires employers to pay farm workers for rest periods on days when they work on a piece rate basis.
The union explained to the court that rest periods are needed to ensure farm workers’ health and well-being. Being paid for work breaks are especially important since piece rate systems are commonly featured during hot summer harvest seasons, when farm workers are at risk of heat illness and death. Agricultural employers who do not guarantee paid rest periods expose agricultural workers to heightened risks for heat illness because those low wage workers forego taking rest breaks to earn more income.
All other workers in Washington state are guaranteed paid rest periods while they work. Washington growers are arguing that they should be entitled to a special exemption, despite the fact that farm workers die at their workplace at rates significantly higher than other workers.
The UFW says it is urging Washington to continue to be a pioneer in the protection of employee rights by ensuring that farm workers are not discriminated against simply because of the work they do.
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