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Employers are failing in their responsibility to provide safe workplaces, especially in the agricultural industry. Last year, 76 workers across the state died on the job from traumatic health and safety incidents. One of those workers was Omar Gomez Lopez, a hop picker from Central Washington who was killed in a tragic equipment malfunction.

Last month, Fair Work Center and Working Washington hosted the inaugural Omar Gomez Lopez Farmworker Rights Training and vigil in Grandview. Friends and family members of Omar’s were in attendance, as well as dozens of agricultural workers. Omar’s wife Rebecca said, “My heart is broken because there’s kids with no dad or no mom out there — and this continues to happen. At the training, I was so happy because I saw a lot of workers there learning what their rights are and what’s out there for them, and it made my heart at peace for a while.”

In the wake of Omar’s death, Rebecca has decided to take action to improve workplace safety.

She invited family and friends & helped lead the training we held in Grandview. She’s been reaching out to community members to teach them about their rights, and has returned to school to study translation because she wants to make sure workers can learn about their rights in Spanish.

As Rebecca put it: “The training was the best thing that could have come out of Omar’s death. We brought the knowledge people needed, and let them know that they’re not alone and don’t need to be afraid.”

Everyone can help make our communities and our workplaces safer. Fair Work Center and Working Washington are holding regular trainings for farmworkers in central Washington. 

And over November 2-3, we’ll be hosting a vigil in honor of Omar and those 76 workers who died at the 2019 Día de Muertos Festival. Día de Muertos – or the Day of the Dead in English –  is a Mexican holiday celebrated throughout Mexico, in particular, the Central and South regions, and by people of Mexican heritage elsewhere. Día de Muertos celebrates the lives of those who passed with food, parties, and activities the dead enjoyed in life, and it is said that their spirits are awoken by the revelry and partake in the celebration.

We think it is a fitting way to honor the life of Omar and so many other immigrant farmworkers killed or injured on the job. Seattle’s festival is held at the Seattle Center Armory and runs all weekend. We hope you’ll attend to pay your respects, honor, and celebrate the life of Omar and others who needlessly died on the job.

Washington is boldly proposing to restore overtime protections to hundreds of thousands of salaried workers across the state. This could well be the biggest advancement in standards for workers since raising the minimum wage and providing paid sick leave through Initiative 1433. 

Caregiver from Richland, WA testifying in favor of restoring OT

This week, the Washington Department of Labor & Industries held public hearings in Ellensburg, Tri-Cities, and Spokane, to hear from people around the state what restoring overtime pay would mean to them. Working Washington and Fair Work Center were represented in each of these hearings to support the proposal to bring back time and a half pay to salaried workers.

There hearing from workers like Lauren, E., and Alec, who shared their overtime stories with L&I and Working Washington.

Lauren

Lauren is a volunteer coordinator at a nonprofit organization. “I didn’t have the option to miss an event if I was sick. We only had a staff of 2-3 people, some of whom were often working other events, so they wouldn’t have been able to cover for me. We had volunteers to help with the events, but our volunteers weren’t able to run events on their own. If I was responsible for the event, I had to be there. Taking on so much just wasn’t sustainable for the staff. I wanted to do well in my new job, be seen as a positive and flexible coworker, and learn new skills like managing volunteers and public speaking, so I was enthusiastic at first about working overtime and taking on so much. Just coming out of college I was used to spending a lot of time studying, so it didn’t occur to me, at least not right away, that I was sacrificing my health for my job.”

E. is a chef working for a catering company. They said: “My salary is $56K, and I’m not paid for overtime. Typically, I work a minimum of 50 hours a week, but over the last six months, I’ve been working 60-65 hours a week. Right now, the more I work, the less I make per hour. I make less money per hour than I did when I was an hourly worker, and that’s really depressing.”

Alec is a manager working in retail. He said: “My partner and I both work in customer service/retail. Every holiday season, I watch as my partner is expected to work up to 90 hours a week, getting paid only cents on the hour after he hits overtime. For every hour my partner works over 40, his hourly take home pay drops. Businesses are more than aware of their ability to take advantage of salaried employees below the overtime threshold and they do so — this is reprehensible and the state must put an end to it.”  

If you are an hourly worker, you should already be getting overtime when you work more than 40 hours in a week. (If you’re not getting overtime pay and you think you should be, contact us!) But almost no salaried workers in Washington qualify for overtime pay, because the overtime rules are so far out of date. By raising the salary threshold for overtime exemption to 2.5x the minimum wage, the proposal would restore overtime to more than 250,000 workers across the state, regardless of whether they’re classified salaried or hourly, and no matter what their job title is. It is critical the state hears from workers and supporters of the proposal because it is being met with fierce opposition from business and employer groups. Add your voice to Lauren’s, Alec’s, Chris’s, and thousands of others in calling for the state to restore overtime to salaried workers. Because our time counts. 

Fair Work Center fights for the rights of immigrant workers every day. From our know your rights trainings and free legal services to our partnerships with immigrant community organizations, we stand with low-wage, immigrant workers fighting for their rights on the job.

Recently, we joined the fight for immigrant rights that has been raging for years at the Northwest Detention Center (NWDC) in Tacoma. The NWDC is a privately-operated, for-profit prison that contracts with the federal government to detain community members fighting their immigration cases. It is operated by the GEO Group, the 2nd largest private prison company in the country. GEO has long been under fire for the NWCD’s abysmal conditions and mistreatment of detainees, including those whose labor keeps the detention center running. GEO pays these detainee workers just $1 a day, even though Washington minimum wage is $12 an hour. For the record, $1 a day at the state minimum wage buys you about 5 minutes of work. GEO’s entire business model relies on stealing at least 91% of detainees’ wages, all while generating more than $2 billion in annual revenue. 

In September 2017, Washington Attorney General Bob Ferguson sued GEO Group for failing to pay detainee workers the state minimum wage. This summer, the Fair Work Center was asked to support the lawsuit by filing an amicus brief due to our expertise in enforcing minimum wage protections for Washington workers. An amicus brief is the legal term for providing expertise, information, or other insights to the court to aid in a case that isn’t your own. You can read the brief we filed in support of the Attorney General’s case here. In it we argue that Washington’s wage and hour laws apply to all employees, that wage theft is rampant in our economy, and that GEO is committing wage theft from detained workers. 

This lawsuit is about the value of work, and specifically the value of immigrant work. Immigrant workers, even detained immigrant workers, have the right to the legal minimum wage for their work.

As we argue in the brief, “wage theft is a systemic problem that disproportionately impacts vulnerable low-wage workers.” There probably isn’t a more vulnerable worker than a detained immigrant who faces deportation – but all employers in Washington have to follow the law, and all employees in Washington are covered.  By calling out GEO’s particularly egregious acts of wage theft, Attorney General Bob Ferguson’s lawsuit has the potential to put all employers on notice: no worker is ripe for exploitation in Washington, which is why Fair Work Center is proud to be lending our expertise to support the suit in this way.

Read the full amicus brief here, and remember to contact Fair Work Center if you or someone you know is having their rights violated at work.

PS – We are seeking third-year law students or recent law graduates interested in applying for public interest fellowships with Fair Work Center beginning in fall 2020, including Skadden, Equal Justice Workers, Justice Catalyst, and other independently funded programs. Learn more here!

Julia is a Mexican immigrant who works as an apple picker in Washington’s Yakima Valley. Recently, Julia’s supervisor instructed her to tend to a section of apple trees in a field that had been sprayed with pesticides only days before.

Pesticide exposure is a major occupational hazard for farmworkers and their families. In fact, pesticide exposure is attributed to higher rates of health problems among farmworkers’ children, including leukemia and cancer, because parents come home with pesticides on their skin and clothes and expose their children.

Julia knew she shouldn’t have to work in the recently sprayed field, but she didn’t know what to do about it – until she talked to Ricardo, an outreach and education specialist with Fair Work Center & Working Washington.

Julia contacted Ricardo after hearing him on a local Spanish radio call-in show. Julia took Ricardo to the field she was instructed to work in and they took pictures of the signs warning people to stay away because of pesticides.

Together they filed a complaint with Washington’s Department of Safety & Health (DOSH). DOSH confirmed that Julie and her coworkers shouldn’t be working in that field and instructed her employer not to send workers there.

León works in a commercial kitchen located in a grocery store in Yakima.

Conditions in the kitchen were miserable, especially since the air conditioner and other kitchen equipment was broken. Ricardo also supported León in filing a complaint with DOSH, who sent an inspector to verify the broken air conditioner and other equipment. The inspector filed an official request for the grocery store to fix the broken equipment, which they have since done. And, while the inspector was on site, he spoke with León and his coworkers and learned they were also being discriminated against because they are immigrants, so he supported them in filing complaints with the Washington Human Rights Commission.

Now, thanks to Fair Work Center and Working Washington’s presence in the region, Leon and his coworkers are working in a safer and healthier workplace, and are happier too since they are no longer being harassed and discriminated against at work. 

Our presence in the Yakima Valley is possible in part due to funding from the DOSH Safety & Health Investment Project.

Su, a Korean immigrant who worked as an assistant to a hairdresser in Bellevue, answered phones, greeted customers, swept up hair, and provided tea and snacks. She worked 45 hours per week but was paid just $1,000 per month, less than $5.50 per hour. Her employer thought that she could take advantage of Su and her desire to break into the personal care industry, telling her that she was not an employee but an “independent contractor.”

Su knew this was unfair and was referred to the Fair Work Legal Clinic by 21 Progress, one of our Fair Work Collaborative partners. The Legal Clinic represented Su, filing a charge of wage theft on her behalf with Washington’s Department of Labor and Industries (L&I).

L&I initially found that Su’s employer must pay $2,000. But Su brought in her records showing that she was actually owed double that amount. L&I agreed and ordered Su’s employer to pay the full $4,000 she was owed. Su is thrilled with the result and we are thrilled that we could support Su in standing up for her right to a fair wage. That said, L&I could and should have gone further in cases like Su’s.

Unfortunately, in the majority of its cases, L&I does not require that employers pay interest when paying back wages stolen from their workers’ paychecks. This means that if L&I orders payment a year after the theft happened, the employer gets to use the worker’s money during that whole time. This is like an employer taking an interest-free loan from its employees’ paychecks. Meanwhile, low-wage workers – who are disproportionately women, people of color, immigrants and refugees – have the pay the interest on credit card debt or payday loans just to get by. This isn’t right, and Fair Work Center will continue to advocate that L&I must include interest in these wage and hour cases.

If you think you are not being paid the minimum wage, or what you are owed, please call our hotline at 1-844-485-1195, email us at help@fairworkcenter.org, or fill out our our web-form.