Farmworker Overtime Bill Passes

Governor Brown has signed AB 1066, the “Overtime for Agricultural Workers Act of 2016”.  The overtime provisions will be gradually implemented, with the first change in effect on Jan. 1, 2019. (Some provisions are effective January 1, 2017.)

This bill removes the exemption for agricultural employees regarding hours, meal breaks, and other working conditions, including specified wage requirements, and creates a schedule that phases in overtime requirements for agricultural workers, as defined, over the course of 4 years, from 2019 to 2022, inclusive.

Phase 1 Effective January 1, 2019 (employers with 26 or more employees):
Any and all persons employed in an agricultural occupation shall not work more than nine and one-half hours in any one workday or work in excess of 55 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek. For employers with 25 or fewer employees the regulations will commence on January 1, 2022.

Phase 2 Effective January 1, 2020 (employers with 26 or more employees):
Any and all persons employed in an agricultural occupation shall not be employed more than nine hours in any one workday or work in excess of 50 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek. For employers with 25 or fewer employees the regulations will commence on January 1, 2023.

Phase 3 Effective January 1, 2021 (employers with 26 or more employees):
Any and all persons employed in an agricultural occupation shall not be employed more than eight and one-half hours in any one workday or work in excess of 45 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek. For employers with 25 or fewer employees the regulations will commence on January 1, 2024.

Phase 4 Effective January 1, 2022 (employers with 26 or more employees)
Any and all persons employed in an agricultural occupation shall not be employed more than eight hours in any one workday or work in excess of 40 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek. For employers with 25 or fewer employees the regulations will commence on January 1, 2025.

The Department of Industrial Relations will be updating Wage Order No. 14-2001 to be consistent with the new law.

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