Washington House Bill HB2052

Washington 2025-2026 Regular Session

• Introduced: 3/25/25
• Refer: 3/25/25

Caption

AN ACT Relating to increasing agricultural employees' access to economic opportunities by allowing those employees to voluntarily waive overtime requirements for up to 15 workweeks in a calendar year;

Summary

HB2052 would create a new Washington law allowing agricultural employees to voluntarily waive overtime pay requirements for up to 15 workweeks in a calendar year. The bill states that the legislature believes agricultural workers have been harmed by the lack of a seasonal exception to overtime rules and that the purpose of the measure is to let workers choose to work more hours during peak harvest periods in order to increase their earnings. The waiver may be granted for at least one workweek and may cover intermittent or consecutive weeks designated by the employee. The bill also amends Washington’s overtime statutes to add a specific agricultural overtime framework. Beginning on the dates specified in the bill, agricultural employees generally may not be employed for more than 40 hours in a workweek unless they are paid time-and-a-half, but an employee may waive that overtime right for the limited number of weeks allowed. During a waiver week, the employer must still pay at least the employee’s regular rate and must keep records of any waivers. The bill also includes language limiting damages and other relief for certain unpaid-overtime claims tied to the historical exclusion of agricultural and dairy employees, and it applies retroactively to claims and proceedings commenced on or after the bill’s stated date. The bill’s impact on state law is to carve out a new, limited overtime waiver mechanism for agricultural workers while preserving the general overtime rule for most other employees. It also reinforces existing exemptions and special rules for certain categories of workers, including some seasonal employees, truck and bus drivers, seamen, motion picture projectionists, and certain commissioned salespeople. In addition, the bill defines “agricultural employee” and “dairy employee” for purposes of the new section and requires employers to maintain waiver records. Overall sentiment in the bill materials is supportive of the measure’s stated goal of increasing flexibility and earnings opportunities for farmworkers during peak seasons. The bill is framed as an emergency measure taking effect immediately, suggesting legislative urgency and a favorable view of its policy purpose. No committee transcript or vote record was provided, so there is no recorded floor or committee debate to indicate broader opposition or support beyond the bill text itself. The main point of contention apparent from the text is the balance between worker protection and employer flexibility. Supporters would likely view the waiver as a voluntary tool that lets agricultural employees work more hours when demand is highest, while critics may be concerned that the waiver could weaken overtime protections or create pressure on workers to waive rights in practice. The bill also appears to limit remedies for certain overtime claims, which could be controversial for workers and advocates seeking back pay or other relief for past wage violations.

Impact

HB2052 would amend Washington’s wage-and-hour laws by adding a new agricultural overtime waiver provision and modifying overtime-related exemptions and enforcement rules. It would affect agricultural employers, agricultural employees, and dairy employees by allowing limited voluntary waivers of overtime pay, requiring recordkeeping for waivers, and restricting certain damages and remedies for specified claims. The bill also preserves and references existing exemptions for other worker categories and federal overtime frameworks, while making the new agricultural provisions effective immediately as an emergency measure.

Sentiment

The bill is presented in a generally favorable light, with its stated purpose focused on helping agricultural workers increase hours and compensation during peak harvest seasons. The text emphasizes worker choice and economic opportunity, suggesting a pro-agriculture and pro-flexibility policy rationale. Because no committee discussion or vote history was provided, there is no documented recorded opposition or support beyond the bill’s own findings and framing.

Contention

The likely controversy centers on whether a voluntary overtime waiver truly protects workers or instead undermines overtime safeguards in a sector with historically lower wages and seasonal pressure. Labor advocates may object to the waiver structure and to the bill’s limits on damages and other relief for certain unpaid-overtime claims, while agricultural employers and supporters may argue the measure is needed to keep farms operating during harvest and to let workers earn more when they want additional hours. The retroactive application language and the special treatment of agricultural and dairy claims may also draw legal and policy scrutiny.