US (WA): Piece-rate ruling could cost growers millions
Fazio said that the legal case has already cost the defendant, Sakuma Brothers Farms in Burlington, Washington, more than a million dollars (counting attorney fees). If, as a result of the case, the Washington Supreme Court decides to change the state’s piece-rate law retroactively, agricultural employers might have to pay for worker rest breaks going back three years. Fazio’s “back of napkin” calculation is that a retroactive ruling could cost Washington growers more than $100 million.
The legal dispute started in October 2013, when Columbia Legal Services and the law firm Terrell Marshall Daudt & Willie filed a lawsuit against Sakuma. There were two named plaintiffs in the lawsuit, representing dozens of migrant and seasonal piece-rate berry pickers hired by Sakuma. The lawsuit listed a series of complaints from the workers, including complaints about not being paid for time worked, not being paid the minimum wage, not getting rest breaks and poor working conditions. The lawsuit claimed that Sakuma violated both federal and state worker protection rules, said Marc Cote, lead attorney for the plaintiffs.
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