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By Don Jenkins, Capital Press

Under a new state law, Washington farms are reporting the routine seasonal reduction in the workforce, which some news outlets reported as mass layoffs in the agricultural industry.

As of Sept. 19, farms had notified the state Employment Security Department that they will lay off more than 3,000 workers in November. The state agency posts public notices.  

One notice inspired a radio station to report on its website, “Large E. WA Farm Management Company Dumps 283.”

Several other radio and television stations gave the layoffs similar treatment. A Spokane television station reported, “Local communities will likely be impacted as these job losses unfold.”  

Washington agriculture is not collapsing, at least not right away, said Keith Veselka, CEO of NWFM, a Yakima-based farm management company. No reporter called to ask why NWFW was laying off nearly 300 workers at various orchards, he said.  

“People working on our farms know when the season ends,” Veselka said. “It’s been that way since the beginning of time, since people started farming. There’s nothing to pick.”

A federal law has long required large companies to give 60-day notice before laying off 50 or more workers. The federal law has not applied to seasonal farmworkers.  

The Washington Legislature this year passed a beefed-up state law. It applies to seasonal farmworkers, ESD spokesman Chris Barron said.  

The state law also allows employers who don’t give proper notice to be fined $500 per day and to be held liable for back wages. All Democrats voted “yes” and all Republicans voted “no.”

The law does not apply to construction workers who finish a job. Farm groups tried to get an exemption for seasonal farmworkers, but were rebuffed, Worker and Farmer Labor Association CEO Enrique Gastelum said. “They just ignored us.”  

The law applies to seasonal farmworkers who have worked for at least six months in the previous year. Although many seasonal farmworkers have shorter contracts, some work six months or longer.  

Farms that report pending layoffs must do it right, or risk being sued or penalized by the state, Gastelum said. “You better make sure you do it 100% accurately,” he said. “It’s a landmine for employers.”  

Concern about the layoffs spread beyond the media.  

Chicago law firm Strauss Borrelli PLLC, self-described as a “leading class-action law firm,” says it’s investigating the layoffs. The firm would like to speak to anyone laid-off about “potential legal remedies,” according to its website. The firm did not respond to a request to comment.  

A Google “AI Overview” asserted Sept. 19 that “Washington agriculture is experiencing significant layoffs.” NWFW, in particular, was laying off workers “with no reason provided,” according to Google AI.  

Velselka said he isn’t hard to get a hold of for an explanation.