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Making our voice heard to change something around us may seem complicated or even impossible. But here's great news for you: a win by the hardworking people who came together and decided to speak out. Farmworkers in Washington state now have the right to earn overtime.

For 60 years, agricultural workers have been excluded from overtime pay for work over 40 hours per week in Washington state. However, in the first week of November 2020, the Washington Supreme Court ruled that this exclusion was unconstitutional.

All of this happened thanks to a lawsuit filed by two dairy workers: José Martínez-Cuevas and Patricia Aguilar. They milked cows at DeRuyter Brothers Dairy, Inc., for between nine and twelve hours a day, six days a week, without the benefit of paid rest days, meal periods, or overtime pay. 300 workers joined the lawsuit.

The Court stated that there was no justifiable motive for such an overtime exemption. Indeed as the majority opinion noted: "Dairy work is some of the most hazardous in the United States," and "overtime work is particularly injurious."

''I am very happy that we have made the future better -- the work is very hard and very dangerous," said Patricia Aguilar. José Martínez said: "I’ve had to work lots of overtime hours under very dangerous conditions -- just like thousands of other workers around the state. We deserve to be treated like other workers in dangerous industries and be paid fairly for our work."

To achieve this success, the plaintiffs were represented by Columbia Legal Services (CLS) and the Seattle law firm Frank Freed Subit & Thomas LLP, allies of Centro de los Derechos del Migranted (CDM).

Thanks to this lawsuit, the group of approximately 300 hard-working people is entitled to compensation for their overtime claims. Although it is not known if this ruling is retroactive, it is possible that more than 200,000 agricultural workers throughout the state of Washington will be eligible for overtime pay for past work. The dissenting judges noted in the decision: "Based on the majority’s ruling, farmworkers will now be entitled to future overtime pay, a substantial benefit."

This is a great example that inspires us to continue organizing and advocating for the labor rights of all migrant workers in the United States. Thank you Patricia and José for raising your voice and showing that important changes can be achieved.

If you or someone you know is experiencing abuse in their workplace, you can contact the Centro de los Derechos del Migrante, Inc. (CDM). You can call from Mexico at 800-590-1773, and from the United States at 855-234-9699. To speak to someone in Mixteco you can dial 953-554-0517. All advice is completely free and confidential.