Amended in Senate June 22, 2016

Amended in Senate June 14, 2016

Amended in Assembly May 14, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1066


Introduced by Assemblybegin delete Member Gonzalezend deletebegin insert Members Gonzalez, Bonta, Cristina Garcia, Roger end insertbegin insertHernández, Jones-Sawyer, McCarty, and Thurmondend insert

begin insert

(Principal coauthor: Senator Hall)

end insert
begin insert

(Coauthors: Assembly Members Chiu, Chu, Gatto, Lopez, Medina, Mark Stone, Ting, and Weber)

end insert
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(Coauthors: Senators Allen, Block, Mitchell, and Monning)

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February 26, 2015


An act to amend Section 554 of, and to add Chapter 6 (commencing with Section 857) to Part 2 of Division 2 of, the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 1066, as amended, Gonzalez. Agricultural workers: wages, hours, and working conditions.

Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law exempts agricultural employees from these requirements. Under existing law, the function of the Department of Industrial Relations is to, among other things, foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment.

This bill would remove the exemption for agricultural employees regarding hours, meal breaks, and other working conditions, including specified wage requirements, and would create a schedule that would phase in overtime requirements for agricultural workers, as defined, over the course of 4 years, from 2019 to 2022, inclusive. Beginning January 1, 2022, the bill would require any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day to be compensated at the rate of no less than twice the employee’s regular rate of pay. The bill would authorize the Governor to delay the implementation of these overtime pay provisions if the Governor also suspends the implementation of a scheduled state minimum wage increase, as specified. The bill would require the Department of Industrial Relations to update a specified wage order for consistency with thesebegin delete provisions.end deletebegin insert provisions, as specified.end insert

The bill would create a state-mandated local program by including agricultural employees as a class of employees protected by criminal penalties under existing law.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 554 of the Labor Code is amended to
2read:

3

554.  

(a) Sections 551 and 552 do not apply to cases of
4emergency or to work performed in the protection of life or
5property from loss or destruction, or to any common carrier
6engaged in or connected with the movement of trains. Nothing in
7this chapter shall be construed to prevent an accumulation of days
8of rest when the nature of the employment reasonably requires
9that the employee work seven or more consecutive days, if in each
P3    1calendar month the employee receives days of rest equivalent to
2one day’s rest in seven. The requirement respecting the equivalent
3of one day’s rest in seven shall apply, notwithstanding the other
4provisions of this chapter relating to collective bargaining
5agreements, where the employer and a labor organization
6representing employees of the employer have entered into a valid
7collective bargaining agreement respecting the hours of work of
8the employees, unless the agreement expressly provides otherwise.

9(b) In addition to the exceptions specified in subdivision (a),
10the Chief of the Division of Labor Standards Enforcement may,
11when in his or her judgment hardship will result, exempt any
12employer or employees from the provisions of Sections 551 and
13552.

14

SEC. 2.  

Chapter 6 (commencing with Section 857) is added
15to Part 2 of Division 2 of the Labor Code, to read:

16 

17Chapter  6. Agriculture
18

 

19

857.  

This chapter shall be known and may be cited as the
20Phase-In Overtime for Agricultural Workers Act of 2016.

21

858.  

The Legislature finds and declares all of the following:

22(a) Agricultural employees engage in back-breaking work every
23day.

24(b) Few occupations in today’s America are as physically
25demanding and exhausting as agricultural work.

26(c) In 1938, the United States Congress enacted the federal Fair
27Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), which
28excluded agricultural workers from wage protections and overtime
29compensation requirements.

30(d) It is the intent of the Legislature to enact the Phase-In
31Overtime for Agricultural Workers Act of 2016 to provide any
32person employed in an agricultural occupation in California, as
33defined in Order No. 14-2001 of the Industrial Welfare
34Commission (revised 07-2014) with an opportunity to earn
35overtime compensation under the same standards as millions of
36other Californians.

37

859.  

For purposes of this chapter, “employed in an agricultural
38occupation” has the same meaning as in Order No.14-2001 of the
39Industrial Welfare Commission (revised 07-2014).

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860.  

Notwithstanding any other provision of law, including
2Chapter 1 (commencing with Section 500):

3(a) Commencing January 1, 2019, any person employed in an
4agricultural occupation shall not be employed more than nine and
5one-half hours in any one workday or work in excess of 55 hours
6in any one workweek, unless the employee receives one and
7one-half times that employee’s regular rate of pay for all hours
8worked over nine and one-half hours in any workday or over 55
9hours in any workweek.

10(b) Commencing January 1, 2020, any person employed in an
11agricultural occupation shall not be employed more than nine hours
12in any one workday or work in excess of 50 hours in any one
13workweek, unless the employee receives one and one-half times
14that employee’s regular rate of pay for all hours worked over nine
15hours in any workday or over 50 hours in any workweek.

16(c) Commencing January 1, 2021, any person employed in an
17agricultural occupation shall not be employed more than eight and
18one-half hours in any one workday or work in excess of 45 hours
19in any one workweek, unless the employee receives one and
20one-half times that employee’s regular rate of pay for all hours
21worked over eight and one-half hours in any workday or over 45
22hours in any workweek.

23(d) Commencing January 1, 2022, any person employed in an
24agricultural occupation shall not be employed more than eight
25hours in any one workday or work in excess of 40 hours in any
26one workweek, unless the employee receives one and one-half
27times that employee’s regular rate of pay for all hours worked over
28eight hours in any workday or over 40 hours in any workweek.

29

861.  

Except as set forth in Section 860 and subdivision (a) of
30Section 862, all other provisions of Chapter 1 (commencing with
31Section 500) regarding compensation for overtime work shall apply
32to workers in an agricultural occupation commencing January 1,
332017.

34

862.  

(a) Beginning January 1, 2022, and consistent with
35Section 510, any work performed by a person, employed in an
36agricultural occupation, in excess of 12 hours in one day shall be
37compensated at the rate of no less than twice the employee’s regular
38rate of pay.

39(b) Consistent with Section 861, notwithstanding subdivision
40(a) or Section 863, the other provisions of Section 510 shall be
P5    1applicable to workers in an agricultural occupation commencing
2January 1, 2019.

3

863.  

(a) Notwithstanding Section 860 or 862, the Governor
4may temporarily suspend scheduled phase in overtime requirements
5set forth in Section 860, or subdivision (a) of Section 862 only if
6the Governor suspends scheduled minimum wage increases
7pursuant to clause (i) of subparagraph (A) of, and subparagraph
8(B) of, paragraph (3) of subdivision (d) of Section 1182.12.

9(b) If the Governor makes a final determination to temporarily
10suspend scheduled phase in overtime requirements set forth in
11Section 860 or subdivision (a) of Section 862 for the following
12year, all implementation dates applicable to Section 860 and
13subdivision (a) of Section 862 that are suspended subsequent to
14the September 1 final determination date, consistent with clause
15(i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3)
16of subdivision (d) of Section 1182.12, shall be postponed by an
17additional year, but the full implementation of the overtime
18requirements set forth in Section 860 or subdivision (a) of Section
19862 shall in no event be later than January 1, 2022. The Governor’s
20temporary suspension under this section shall be by proclamation.

21(c) The Governor’s authority to suspend the scheduled overtime
22requirements under this section shall end upon the phase in of the
23overtime requirements contained in subdivision (d) of Section 860
24or the phase in of the overtime requirements contained in
25subdivision (a) of Section 862.

26

864.  

The Department of Industrial Relations shall update Wage
27Order No. 14-2001 to be consistent with this chapter, except that
28begin delete theend deletebegin insert any existing provision inend insert Wage Order 14-2001begin delete provision for
29payment of double the employee’s regular rate of pay for all hours
30worked over eight hours on the seventh day of work in the
31workweek shall continue to apply.end delete
begin insert providing greater protections
32or benefits to agricultural employees shall continue in full force
33and effect, notwithstanding any provision of this chapter.end insert

34

SEC. 3.  

No reimbursement is required by this act pursuant to
35Section 6 of Article XIII B of the California Constitution because
36the only costs that may be incurred by a local agency or school
37district will be incurred because this act creates a new crime or
38infraction, eliminates a crime or infraction, or changes the penalty
39for a crime or infraction, within the meaning of Section 17556 of
40the Government Code, or changes the definition of a crime within
P6    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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