Washington Supreme Court Rules Workers Paid Piece-Rate Wages Are Entitled To Rest-Break Pay
July 21, 2015
According to a news story in the Yakima News Herald, the state Supreme Court of Washington unanimously ruled that employees who are paid at a piece rate are also entitled to rest-break pay.
This ruling is the result of a portion of a class action lawsuit by Skagit County berry farm workers in federal court.
“What this means is a higher cost of production,” Mike Gempler, executive director of the Washington Growers League, a Yakima association that represents farmers in labor issues, told the News Herald.
Washington State regulations say employers must cover the cost of 10-minute rest breaks every four hours for all workers. However, this mandate was not specific on whether it applied to piece-rate work.
Brendan Monahan, an attorney in Yakima, WA, says this ruling could open growers to pay challenges for indirect production tasks such as walking from and to the field, emptying picking bags, and moving ladders.
“Unproductive time, I think, is going to be a hotly litigated area,” Monahan told the News Herald.
Monahan also says growers could face back wage claims.
The news story speculates that this ruling could add $1 per apple bin to harvest costs.
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