No Peace for Piece-Rate Pay in Washington Agriculture

In yet another blow to agricultural employers, grab your stopwatches. In Carranza v. Dovex Fruit Co., the Washington Supreme Court has just held that agricultural employers are required to compensate piece-rate workers on a separate hourly basis for time spent performing tasks outside the specific scope of the piece-rate work. In a narrow 5-4 majority, the Court concluded that the time spent performing tasks outside of piece-rate picking work must be compensated on an hourly basis. The Court then went on to further hold that tasks outside the scope of “piece-rate picking work must be paid at the minimum wage or a contractually agreed rate, whichever is higher. The Court rested its opinion on an interpretation of the state Minimum Wage Act (“MWA”) that requires employee compensation “‘at a rate of not less than [the applicable minimum wage] per hour.’” In doing so, the Court rejected the long-standing application of the MWA that allowed…

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