Bill to give farmworkers overtime pay is making its way through the state legislature

By CONNOR MCCARTHY

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    SALEM, Oregon (KPTV) — After a failed attempt during the 2021 regular legislative session, activists are pressuring law makers to pass a bill that will allow farmworkers to receive overtime pay.

House Bill 4002 would negate an exemption in the 1938 Fair Labor Standards Act that excludes some workers, including farmworkers, from getting overtime. The bill would use a phased in approach over five years.

Starting in 2023 farmworkers would be overtime after 55 hours of work per week. It would then drop to 48 hours in 2025, then 40 hours in 2027. There will also be tax credits for farm owners to help cover the increase in labor costs.

Rep. Andrea Salinas co-authored the bill and she said this is long overdue for Oregon’s farmworkers.

“We’re hoping this will give the growers some time to figure out where there cost shifts will take place and hopefully this will keep them solvent,” Salinas said.

Reyna Lopez is the president of Oregon’s farmworker’s union, PCUN. She is also the daughter of farmworkers and said she understands the struggle of trying to make ends meet.

“I didn’t see my parents growing up a lot growing up because they were working so much and it really did have an impact on our family today,” Lopez said.

On the other hand, Republicans are still worried about the rise in cost to farm owners. State Rep. Shelly Boshart Davis said Washington and California are already seeing cost impacts from similar bills on the agriculture industry. She said her caucus is fighting for alternatives.

“This bill I would say is being driven by a very determined special interest group that doesn’t want to consider alternatives,” Davis said.

Davis said Republicans proposed an amendment that would increase the average work week for farmworkers to 50 hours. They also want flexible hours during peak harvest season and to write an exemption for livestock workers excluding them from overtime pay.

Even though this amendment didn’t pass the bill’s first committee stop, Davis said they’ll continue to negotiate across the aisle.

“There are many people, stake holders both sides at the table every single day and I will say we’ve been at the table for 12 months,” Davis said. “There’s a large group of stake holders, including farmers, including all the people that would be impacted by this, that have put in the time to say this is what it means to our farm.”

For Lopez, she said she’s confident this time around, a bill will be on the governor’s desk for her to sign.

“We feel pretty good about what’s happening, and I think the legislature is the right place to make policy so we really hope we see something happen,” Lopez said.

Washington and California both have similar laws on the books. Starting this year, Washington will have a yearly phased in approach while California is setting their overtime threshold at 40 hours right off the bat.

Right now, House Bill 4002 is on its way to the House Revenue Committee after passing the House Committee on Business and Labor.

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