Section § 857

Explanation

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.

This chapter shall be known and may be cited as the Phase-In Overtime for Agricultural Workers Act of 2016.

Section § 858

Explanation

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.

The Legislature finds and declares all of the following:
(a)CA Labor Code § 858(a) Agricultural employees engage in back-breaking work every day.
(b)CA Labor Code § 858(b) Few occupations in today’s America are as physically demanding and exhausting as agricultural work.
(c)CA Labor Code § 858(c) In 1938, the United States Congress enacted the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), which excluded agricultural workers from wage protections and overtime compensation requirements.
(d)CA Labor Code § 858(d) It is the intent of the Legislature to enact the Phase-In Overtime for Agricultural Workers Act of 2016 to provide any person employed in an agricultural occupation in California, as defined in Order No. 14-2001 of the Industrial Welfare Commission (revised 07-2014) with an opportunity to earn overtime compensation under the same standards as millions of other Californians.

Section § 859

Explanation

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.

For purposes of this chapter, “employed in an agricultural occupation” has the same meaning as in Order No.14-2001 of the Industrial Welfare Commission (revised 07-2014).

Section § 860

Explanation

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.

Notwithstanding any other provision of law, including Chapter 1 (commencing with Section 500):
(a)Copy CA Labor Code § 860(a)
(1)Copy CA Labor Code § 860(a)(1) Commencing January 1, 2019, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed 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.
(2)CA Labor Code § 860(a)(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2022.
(b)Copy CA Labor Code § 860(b)
(1)Copy CA Labor Code § 860(b)(1) Commencing January 1, 2020, except as provided in paragraph (2), any person 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.
(2)CA Labor Code § 860(b)(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2023.
(c)Copy CA Labor Code § 860(c)
(1)Copy CA Labor Code § 860(c)(1) Commencing January 1, 2021, except as provided in paragraph (2), any person 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.
(2)CA Labor Code § 860(c)(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2024.
(d)Copy CA Labor Code § 860(d)
(1)Copy CA Labor Code § 860(d)(1) Commencing January 1, 2022, except as provided in paragraph (2), any person 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.
(2)CA Labor Code § 860(d)(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025.

Section § 861

Explanation

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.

Except as set forth in Section 860 and subdivision (a) of Section 862, all other provisions of Chapter 1 (commencing with Section 500) regarding compensation for overtime work shall apply to workers in an agricultural occupation commencing January 1, 2017.

Section § 862

Explanation

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.

(a)CA Labor Code § 862(a) Beginning January 1, 2022, except as provided in subdivision (c), and consistent with Section 510, any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employee’s regular rate of pay.
(b)CA Labor Code § 862(b) Consistent with Section 861, notwithstanding subdivision (a) or Section 863, the other provisions of Section 510 shall be applicable to workers in an agricultural occupation commencing January 1, 2019.
(c)CA Labor Code § 862(c) Subdivision (a) shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025.

Section § 863

Explanation

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.

(a)CA Labor Code § 863(a) Notwithstanding Section 860 or 862, the Governor may temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860, or subdivision (a) of Section 862 only if the Governor suspends scheduled minimum wage increases pursuant to clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12.
(b)CA Labor Code § 863(b) If the Governor makes a final determination to temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 for the following year, all implementation dates applicable to Section 860 and subdivision (a) of Section 862 that are suspended subsequent to the September 1 final determination date, consistent with clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12, shall be postponed by an additional year, but the full implementation of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 shall in no event be later than January 1, 2022. The Governor’s temporary suspension under this section shall be by proclamation.
(c)CA Labor Code § 863(c) The Governor’s authority to suspend the scheduled overtime requirements under this section shall end upon the phase in of the overtime requirements contained in subdivision (d) of Section 860, the phase in of the overtime requirements contained in subdivision (c) of Section 862, or January 1, 2025, whichever occurs first.

Section § 864

Explanation

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.

The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this chapter, except that any existing provision in Wage Order 14-2001 providing greater protections or benefits to agricultural employees shall continue in full force and effect, notwithstanding any provision of this chapter.