Washington Workplace Rules: 2023 Changes and Advice for Ag HR Professionals
With 2023 right around the corner, HR Departments across the ag industry are preparing for their end-of-year processes: W2s, internal audits, and compliance changes require intense focus to ensure the current year ends without a hitch while preparing for upcoming changes in 2023.
Although sometimes it can feel like a mountain of tasks ahead of you, you are not alone in this journey. Associations like the Washington State Tree Fruit Association (WSTFA) are hosting events to help educate and guide you through the multitude of changes. One of the upcoming sessions is at the WSTFA’s annual meeting and NW Hort Expo. Their session, Workplace Rules: What’s New, What’s Coming, and How to Adapt, will specifically cover upcoming changes ag professionals should be aware of.
We had a conversation with panel member Chafeka Abdellatif, Director of Human Resources at Domex Superfresh Growers, on the top three most significant changes coming in 2023, resources, and advice for other HR professionals in ag.
New workplace rules in Washington: What you need to know
1 - Overtime Rules
“Looking ahead, [HR Professionals] should already be familiar with the ag overtime rules that just came into effect last year. But then they should also be looking at the thresholds; [..] it's a “phase in” [process]. This year, it started with 55 hours; anything over 55 hours [is] overtime, but then looking at next year, it's 48. [HR professionals] should really be focusing on that 48 hours and strategies on how to get through that without triggering a lot of overtime.”
Overtime pay must be at least 1.5 times the employee’s regular hourly rate. Other overtime rates, like double time pay are not required under Washington state law, with the exception of certain public works projects.
2 - WA Cares Fund
If you employ H-2A farmworkers, then changes regarding the WA Cares Fund are incredibly important to note. WA Cares Fund provides a first-of-its-kind fund for employees to pay into during their working years that they can then access later in retirement when needing long-term care. However, there is a group that will need to apply to be exempt from these withholdings—H-2As.
“Helping to file for exemptions, I think, is going to be a big part.” “And so it feels really bad when you have a workforce of about 400 H-2A workers and they're paying into a system that they essentially (unless they ever change their status), can never use, and so helping them navigate how to file for exemptions is going to be a big thing that I think employers should try to focus on.”
3 - Pay Transparency
“Washington State kind of got ahead of pay laws a few years back, and they made some rules: when you're interviewing people, you can't ask for pay, and they're just kind of really building on those rules to get to a place where there is more equal pay between [different groups], so that there's less pay discrepancies.” “HR professionals should be aware of the pay rules when it comes to posting jobs. Starting with pay transparency in January [2023], whenever a job is posted, it needs to have the entire pay scale of that job. So say, for example, [Crew Supervisor] position, it can have the minimum salary and the top salary that we're currently paying for that role, and it needs to be disclosed.”
How to Best Communicate Changes to Farmworkers
“We do multiple methods of communication for all of our multiple companies. We can send a lot of information out via email, but we do have a lot of our workers that don't have computers, so we do some text messaging.”
“For the most part, “we simply keep it old school; we do check attachments to get information out. [and] a lot of tailgate meetings. So when it comes to the Washington Cares Act, that’ll be a check attachment.”
Pro Tip: 1. Send mass SMS texts or WhatsApp alert messages to your employees regarding upcoming changes through the Ganaz Workforce Communication tool.
2. Eliminate printing and distributing paper paychecks and paystubs with the Ganaz payroll card program.
How Ag HR Professionals Can Adapt
Stay Informed
“Working with intra-departments [like IT] to figure out what's the best way to do something [is helpful]. But then, more importantly, [..] just stay informed. Getting listservs [newsletters] or participating in the NW Hort - Washington State Fruit Tree Association and making sure you get all the up-to-date information is going to be [..] one of the best things that you can do to continually adapt.”
Use Technology
“When I started here in 2018, there was a whole wall of binders. And the binders were our I-9s, literally a whole wall, like I can’t even exaggerate it...
I would feel like almost our job is impossible without [technology].”
Pro Tip: Start hiring digitally and saving new hire documents like I-9s and W-4s for compliance on the cloud with Ganaz’s HR Digital Onboarding tool; even issue and activate payroll cards effortlessly for bankless employees, including H-2As.
Best Hacks for Ag HR Professionals
Mailing Lists
“Best hacks would be making sure that you're on every list there is possible. So this is from the EEOC, the Department of Labor, and L&I. Really, you need the up-to-date information.”
Caution:
“Be sure that if you’re going to Google stuff, that you use reputable sites and don't just take whatever [you] search at face value.
Chafeka also understands that not every farm has the time to sit down and read 100-page policies. For growers who are looking for an easy way to get updates, Chafeka says joining organizations can help you gather information fast:
“We do get some good synthesized information from organizations like NW Horticultural Council. They keep someone on their employ who is all about governmental releases and understanding [them].”
Overall Advice for Any Ag HR Professional
Put energy into creating a great network
“In general, [my advice would be] that network thing; put energy into creating a great network. Increase your current network because, in the long run, those are the people that you're going to be able to share your frustrations with and even share your celebrations with [..] you can fight rules together."
Don’t be afraid to hire someone better than you
“One other thing I would say is when hiring or helping departments hire [...] one of the things that I tell people is don't be afraid to hire someone better than you.
Staying On Top of the Ever-Changing HR Compliance Landscape
Chafeka brings together a lot of key insight into how to stay on top of the ever-changing landscape that is HR compliance in the ag industry. In short:
- Subscribe to newsletters with local government organizations and industry associations.
- Join industry organizations
- Attend key industry conferences
- Grow your network
- Use technology, like Ganaz, to help stay compliant
Interested in learning more from industry leaders on how to position yourself for the new year? Along with others, Chafeka will be part of a panel sharing impactful information like this and more in the session on Workplace Rules: What’s New, What’s Coming, and how to Adapt at the Washington State Tree Fruit Association Annual Meeting in Wenatchee, WA.