Expanding Overtime Pay for California’s Farm Workers (AB 1066)

Overtime pay in the United States normally occurs after an employee has worked more than 40 hours per week.  In California, overtime for most employees kicks in after 8 hours in a day.

Farm workers are currently excluded from the overtime protections of the 40 hour workweek under federal law, and both the 40 hour workweek and 8 hour day under California law.  For the last 80 years, farm workers have labored for long hours in demanding conditions with little or no overtime pay.  Under state law, time and one-half compensation has not been available to farm workers until they worked a 60 hour workweek.

Newly signed AB 1066, codified as Labor Code Section 857 et seq., phases in the 40 hour workweek and other overtime protections for farm workers—although not starting until 2019.

Year

Straight Time Workweek

Straight Time Workday

2019

55 hours

9.5 hours

2020

50 hours

9 hours

2021

45 hours

8.5 hours

2022

40 hours

8 hours

Implementation of the new overtime laws for agricultural employers who employ less than 25 employees will be delayed.  Like the increases to minimum wage passed earlier this year, the Governor can temporarily suspend implementation based on economic conditions.

Please contact your labor law counsel with any questions regarding AB 1066 or overtime laws.

By Caren Sencer | October 4, 2016

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