OLYMPIA — A state House committee heard conflicting views Friday on whether Washington’s agricultural overtime law has hurt or helped farmworkers.

Whatcom County berry farmer Rob Dhaliwal told the Labor and Workplace Standards Committee that he has had to cut workers’ hours and resort to more mechanization.

“You might wonder why we can’t pay the overtime,” he said. “Unfortunately, we can’t pay what we don’t have.”

Washington’s farmworker overtime law went into effect this year. Workers must be paid time-and-a-half after 55 hours in a week. The threshold will drop to 48 hours next year and to 40 hours in 2024.

A proposal to permanently set the threshold at 50 hours for 12 weeks a year was stricken from the bill that passed.

Farm groups retain hope lawmakers will reconsider, embracing the position that longer hours during peak seasons benefit farmers and farmworkers.

Edgar Franks, political director for the farmworker union Familias Unidas por la Justicia, told legislators that the law keeps farmworkers from being overworked.

The union’s members, who work for a Skagit County berry farm, have not had their hours cut because they have a contract, he said.

“We’re in a unique position because we’re in a union so none of our union members have lost hours,” he said. “In other places, we have heard hours have been cut, but because of misinformation people have been blaming what we think are company talking points.”

Farm group representatives said hours have been cut because of economics.

“As I have traveled the state meeting with farmers and ranchers in the last year or so, they frequently refer to the overtime bill as one of the biggest threats to their ability to continue to operate in Washington state,” Washington Farm Bureau President Rosella Mosby said.

The state Supreme Court ruled in 2020 that dairy workers must be paid overtime after 40 hours, a decision that inevitably led to legislation applying to all farmworkers.

Washington State Tree Fruit Association President Jon DeVaney told lawmakers that Washington growers already were facing rising labor costs.

Oregon and New York have offered farmers tax credits to help pay overtime expenses, he noted.

“It’s something my members have taken note of,” DeVaney said in an interview.

Oregon farmers will be eligible for tax credits to offset 60% to 90% of their overtime pay costs, depending on the size and type of farm, according to the state Department of Revenue.

New York farmers are eligible for tax credits to defray overtime pay expenses and a $1,200 per-employee tax credit, according to that state’s Department of Labor.

New York’s threshold for overtime pay for farmworkers is 60 hours. Beginning in 2023, the threshold will be reduced four hours a year, reaching 40 hours in 2033.