Sheepherders And Goat Herders - Employment Regulation And Supervision - CA Labor

Section § 2695.1

This law is designed to set specific protections for sheepherders, ensuring they have certain labor rights. These protections are independent of any other laws that might apply to them. It also requires that existing labor regulations, like Wage Order No. 14-2001, be updated to align with this and related sections, unless those older regulations offer greater protections, in which case they remain unchanged.

Sheepherders are defined as individuals who tend to, move, or protect sheep from predators, assist with lambing or shearing, and ensure proper feeding and watering of sheep, sometimes using trained dogs.

(a) It is the intent of the Legislature to codify certain labor protections that should be afforded to sheepherders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to sheepherders either as individuals, employees, or persons.

(b) All terms used in this section and in Section 2695.2 have the meanings assigned to them by this code or any other state law or regulation.

(c) The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this section and Sections 2695.2, 2695.3, and 2695.4, except that any existing provision in Wage Order No. 14-2001 that provides greater protections or benefits to sheepherders or goat herders shall continue in full force and effect, notwithstanding any provision of this section, Section 2695.2, Section 2695.3, or Section 2695.4.

(d) For purposes of this section and Section 2695.2, “sheepherder” means an individual who is employed to do any of the following, including with the use of trained dogs:

(1) Tend herds of sheep grazing or browsing on range or pasture.

(2) Move sheep to and about an area assigned for grazing or browsing.

(3) Prevent sheep from wandering or becoming lost.

(4) Protect sheep against predators and the eating of poisonous plants.

(5) Assist in the lambing, docking, or shearing of sheep.

(6) Provide water or feed supplementary rations to sheep.

sheepherders labor protections Wage Order No. 14-2001 sheep herding activities tending flocks grazing management predator protection lambing assistance docking shearing feeding sheep Department of Industrial Relations range management goat herders labor rights for herders

(Amended by Stats. 2022, Ch. 569, Sec. 41. (AB 156) Effective September 27, 2022.)

Section § 2695.2

This law outlines specific labor standards for sheepherders in California. Employers may pay sheepherders a monthly minimum wage established in 2001, which adjusts with state minimum wage increases, and cannot deduct meal and lodging costs from this wage. Employers must provide essential tools unless the sheepherder's wage is double the minimum, and they must return these items at the job's end. Sheepherders are entitled to meal breaks after five hours of work and rest periods during their shifts. Employers must offer suitable seating for machine work, and mobile housing must meet basic living standards, including toilets, heating, and cooking facilities.

Additional amenities such as communication means and transportation must be provided at worksites. Employers face fines for wage violations, and they must post this law in accessible locations for sheepherders. If any part of the law is invalidated, the rest remains effective.

(a)

(1) For a sheepherder employed on a regularly scheduled 24-hour shift on a seven-day-a-week “on-call” basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage adopted by the Industrial Welfare Commission on April 24, 2001. Any sheepherder who performs nonsheepherding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work.

(2) After July 1, 2002, the amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate.

(3) An employer shall not credit meals or lodging against the minimum wage owed to sheepherders under this subdivision. Every employer shall provide to each sheepherder not less than the minimum monthly meal and lodging benefits required to be provided by employers of sheepherders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101, et seq.) or any successor provisions.

(b)

(1) When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a sheepherder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft.

(2) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the sheepherder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3. Alternatively, with the prior written authorization of the sheepherder, an employer may deduct from the sheepherder’s last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the sheepherder upon completion of the job.

(c) No employer of sheepherders shall employ a sheepherder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a day’s work, the meal period may be waived by the mutual consent of the employer and the sheepherder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a sheepherder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a sheepherder shall be allowed to complete the meal period during that day.

(d) To the extent practicable, every employer shall authorize and permit all sheepherders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for sheepherders whose total daily worktime is less than three and one-half hours.

(e) When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for sheepherders working on or at a machine.

(f) After January 1, 2003, during times when a sheepherder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following:

(1) Toilets and bathing facilities, which may include portable toilets and portable shower facilities.

(2) Heating.

(3) Inside lighting.

(4) Potable hot and cold water.

(5) Adequate cooking facilities and utensils.

(6) A working refrigerator, which may include a butane or propane gas refrigerator, or for no more than a one-week period during which a nonworking refrigerator is repaired or replaced, a means of refrigerating perishable food items, which may include ice chests, provided that ice is delivered to the sheepherder, as needed, to maintain a continuous temperature required to retard spoilage and ensure food safety.

(g) After January 1, 2003, all sheepherders shall be provided with all of the following at each worksite:

(1) Regular mail service.

(2) A means of communication through telephone or radio solely for use in a medical emergency affecting the sheepherder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the sheepherder may be charged for the actual cost of nonemergency telephone use. Nothing in this paragraph shall preclude an employer from providing additional means of communication to the sheepherder which are appropriate because telephones or radios are out of range or otherwise inoperable.

(3) Visitor access to the housing.

(4) Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis.

(h) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates or causes to be violated the provisions of this section shall be subject to a civil penalty, as follows:

(1) For the initial violation, one hundred dollars ($100) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.

(2) For any subsequent violation, two hundred and fifty dollars ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.

(3) The affected employee shall receive payment of all wages recovered.

(i) If the application of any provision of any subdivision, sentence, clause, phrase, word, or portion of this legislation is held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected and shall continue to be given full force and effect as if the part held invalid or unconstitutional had not been included.

(j) Every employer of sheepherders shall post a copy of this part in an area frequented by sheepherders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to sheepherders upon request. Copies of this part shall be posted and made available in a language understood by the sheepherder. An employer is deemed to have complied with this subdivision if the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, updated pursuant to subdivision (c) of Section 2695.1, relating to sheepherders, provided that the posted material includes a sufficient summary of each of the provisions of this part.

sheepherders minimum wage mobile housing meal breaks rest periods tool provision worker rights housing standards communication access penalties equipment maintenance employer obligations living conditions worksite facilities employee entitlements

(Amended by Stats. 2022, Ch. 569, Sec. 42. (AB 156) Effective September 27, 2022.)

Section § 2695.3

This law aims to set specific labor protections for goat herders in California. It clarifies that these protections add to, and do not replace, any existing rights or remedies available under other laws. By January 1, 2026, the Department of Industrial Relations must create a report on the employment conditions of sheepherders and goat herders, addressing issues like wage violations and the demographics of these workers. The report will also look at the use of H-2A visas. Goat herders are defined as individuals who tend and care for goats in various ways, including protecting them and assisting in their care. This law will be repealed on July 1, 2026.

(a) It is the intent of the Legislature to codify certain labor protections that should be afforded to goat herders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to goat herders either as individuals, employees, or persons.

(b) All terms used in this section and in Section 2695.4 have the meanings assigned to them by this code or any other state law or regulation.

(c) On or before January 1, 2026, the Department of Industrial Relations, in consultation with the Employment Development Department, shall issue a report, pursuant to Section 9795 of the Government Code, to the Legislature on employment of sheepherders and goat herders in California. In preparing the report, the agency shall consult with stakeholders, including, but limited to, sheepherder and goat herder employers and employees. The report shall, at a minimum, cover the following information:

(1) The results of the consultations with stakeholders, including sheepherder and goat herder employers and employees.

(2) Wage violations, including minimum wage and overtime, and compliance with the labor standards in Sections 2695.2 and 2695.4.

(3) Demographic information on the employment of sheepherders and goat herders, including the number of employers and number of employees.

(4) The use of H-2A visas in sheepherding and goat herding.

(d) For purposes of this section and Section 2695.4, “goat herder” means an individual who is employed to do any of the following, including with the use of trained dogs:

(1) Tend herds of goats grazing or browsing on range or pasture.

(2) Move goats to and about an area assigned for grazing or browsing.

(3) Prevent goats from wandering or becoming lost.

(4) Protect goats against predators and the eating of poisonous plants.

(5) Assist in the kidding of goats.

(6) Provide water or feed supplementary rations to goats.

(e) This section shall remain in effect only until July 1, 2026, and as of that date is repealed.

goat herders labor protections wage violations H-2A visas employment conditions shepherding report demographics predator protection kidding assistance Department of Industrial Relations Employment Development Department stakeholder consultation minimum wage compliance overtime compliance law expiration date

(Amended by Stats. 2023, Ch. 196, Sec. 19. (SB 143) Effective September 13, 2023. Repealed as of July 1, 2026, by its own provisions.)

Section § 2695.4

This law specifies working conditions for goat herders in California. Employers can pay a monthly minimum wage instead of the hourly minimum, but only if the herder's tasks are goat-herding. The monthly wage goes up whenever the state minimum wage rises. Employers can't deduct food or housing costs from wages and must provide standards like toilets, heating, and hot water in mobile housing. Tools needed for the job should be provided by the employer unless the herder earns double the minimum wage. Herders must have meal breaks and rest periods as specified, with exceptions for certain circumstances, and suitable seats where possible. Worksite amenities should include mail service, emergency communication, visitor access, and weekly transportation. Violations of these rules require employers to pay fines and any wages owed. The law is scheduled to be repealed in 2026.

(a)

(1) For a goat herder employed on a regularly scheduled 24-hour shift on a seven-day-a-week “on-call” basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage specified in Section 4(E) of Wage Order No. 14-2001 of the Industrial Welfare Commission. Any goat herder who performs non-goat-herding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work.

(2) The amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate.

(3) An employer shall not credit meals or lodging against the minimum wage owed to goat herders under this subdivision. Every employer shall provide to each goat herder not less than the minimum monthly meal and lodging benefits required to be provided by employers of goat herders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101) or any successor provisions.

(b)

(1) When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a goat herder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft.

(2) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the goat herder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3 of Part 1. Alternatively, with the prior written authorization of the goat herder, an employer may deduct from the goat herder’s last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the goat herder upon completion of the job.

(c) No employer of goat herders shall employ a goat herder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a day’s work, the meal period may be waived by the mutual consent of the employer and the goat herder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a goat herder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a goat herder shall be allowed to complete the meal period during that day.

(d) To the extent practicable, every employer shall authorize and permit all goat herders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for goat herders whose total daily worktime is less than three and one-half hours.

(e) When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for goat herders working on or at a machine.

(f) During times when a goat herder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following:

(1) Toilets and bathing facilities, which may include portable toilets and portable shower facilities.

(2) Heating.

(3) Inside lighting.

(4) Potable hot and cold water.

(5) Adequate cooking facilities and utensils.

(g) All goat herders shall be provided with all of the following at each worksite:

(1) Regular mail service.

(2)

(A) A means of communication through telephone or radio solely for use in a medical emergency affecting the goat herder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the goat herder may be charged for the actual cost of nonemergency telephone use, except where prohibited by Section 2802.

(B) Nothing in this paragraph shall preclude an employer from providing additional means of communication to the goat herder which are appropriate because telephones or radios are out of range or otherwise inoperable

(3) Visitor access to the housing.

(4) Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis.

(2) For any subsequent violation, two hundred fifty dollars ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.

(3) The affected employee shall receive payment of all wages recovered.

(j) Every employer of goat herders shall post a copy of this part in an area frequented by goat herders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to goat herders upon request. Copies of this part shall be posted and made available in a language understood by the goat herder. An employer is deemed to have complied with this subdivision if the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, updated pursuant to subdivision (c) of Section 2695.1, relating to goat herders, provided that the posted material includes a sufficient summary of each of the provisions of this part.

(k) This section shall remain in effect only until July 1, 2026, and as of that date is repealed.

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(Amended by Stats. 2023, Ch. 196, Sec. 20. (SB 143) Effective September 13, 2023. Repealed as of July 1, 2026, by its own provisions.)