Working HoursAgriculture
Section § 857
This law is titled the 'Phase-In Overtime for Agricultural Workers Act of 2016.' It focuses on gradually introducing overtime pay requirements for agricultural workers.
Section § 858
This law highlights how difficult and physically demanding agricultural work is. It notes that when the federal Fair Labor Standards Act was created in 1938, agricultural workers were not included in its wage and overtime protections. The California Legislature intends to change that by providing agricultural workers in California with overtime pay and rights similar to other workers in the state. This change is part of an effort called the Phase-In Overtime for Agricultural Workers Act of 2016.
Section § 859
This law states that the phrase "employed in an agricultural occupation" should be understood as it is defined in a specific order (Order No.14-2001) from the Industrial Welfare Commission, which was updated in July 2014.
Section § 860
This law sets rules for overtime pay in agriculture, gradually lowering the hours an agricultural worker can work before earning overtime. The transitions rolled out from 2019 to 2025, affecting smaller employers later than larger ones.
Starting January 2019, workers generally can't work more than 9.5 hours a day or 55 hours a week without overtime. In 2020, the maximum dropped to 9 hours per day or 50 hours a week. By 2021, it shifted to 8.5 hours daily or 45 hours weekly, and finally in 2022, it settled at 8 hours per day and 40 hours per week.
These limits applied later for employers with 25 or fewer workers, starting each transition a year or more behind larger employers.
Section § 861
This section states that starting January 1, 2017, most rules about overtime pay, which are explained in another part of the law, also apply to people working in agriculture. However, there are exceptions mentioned in other sections, such as Section 860 and part of Section 862.
Section § 862
Starting January 1, 2022, farm workers in California must be paid at least double their usual pay for any hours worked over 12 hours in a single day, except in certain cases. However, this rule isn't fully applied to small employers (with 25 or fewer workers) until January 1, 2025. Additionally, from January 1, 2019, all standard overtime rules apply to agricultural workers.
Section § 863
This law allows the California Governor to temporarily delay the phase-in of overtime pay requirements if they also decide to postpone minimum wage increases. This postponement will push back any scheduled dates for overtime changes by a year, but the changes must still be in full effect by January 1, 2022. The Governor must make this decision by September 1 and announce it by an official proclamation. However, the Governor's power to delay these requirements ends once the overtime requirements are fully implemented or by January 1, 2025, whichever comes first.
Section § 864
This law requires the Department of Industrial Relations to update a specific wage order for agricultural employees so it aligns with current laws. However, if the existing wage order already gives better protections or benefits to those employees, those parts will remain unchanged and fully effective.