Amended in Senate August 17, 2016

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 Assembly Members Gonzalez, Bonta, Cristina Garcia, Roger Hernández, Jones-Sawyer, McCarty, and Thurmond

(Principal coauthor: Senator Hall)

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

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

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.begin insert The bill would provide employers who employ 25 or fewer employees an additional 3 years to comply with the phasing in of these overtime requirementsend insertbegin insert.end insert 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 these provisions, as specified.

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:

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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
P3    1engaged in or connected with the movement of trains. Nothing in
2this chapter shall be construed to prevent an accumulation of days
3of rest when the nature of the employment reasonably requires
4that the employee work seven or more consecutive days, if in each
5calendar month the employee receives days of rest equivalent to
6one day’s rest in seven. The requirement respecting the equivalent
7of one day’s rest in seven shall apply, notwithstanding the other
8provisions of this chapter relating to collective bargaining
9agreements, where the employer and a labor organization
10representing employees of the employer have entered into a valid
11collective bargaining agreement respecting the hours of work of
12the employees, unless the agreement expressly provides otherwise.

13(b) In addition to the exceptions specified in subdivision (a),
14the Chief of the Division of Labor Standards Enforcement may,
15when in his or her judgment hardship will result, exempt any
16employer or employees from the provisions of Sections 551 and
17552.

18

SEC. 2.  

Chapter 6 (commencing with Section 857) is added
19to Part 2 of Division 2 of the Labor Code, to read:

20 

21Chapter  6. Agriculture
22

 

23

857.  

This chapter shall be known and may be cited as the
24Phase-In Overtime for Agricultural Workers Act of 2016.

25

858.  

The Legislature finds and declares all of the following:

26(a) Agricultural employees engage in back-breaking work every
27day.

28(b) Few occupations in today’s America are as physically
29demanding and exhausting as agricultural work.

30(c) In 1938, the United States Congress enacted the federal Fair
31Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), which
32excluded agricultural workers from wage protections and overtime
33compensation requirements.

34(d) It is the intent of the Legislature to enact the Phase-In
35Overtime for Agricultural Workers Act of 2016 to provide any
36person employed in an agricultural occupation in California, as
37defined in Order No. 14-2001 of the Industrial Welfare
38Commission (revised 07-2014) with an opportunity to earn
39overtime compensation under the same standards as millions of
40other Californians.

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859.  

For purposes of this chapter, “employed in an agricultural
2occupation” has the same meaning as in Order No.14-2001 of the
3Industrial Welfare Commission (revised 07-2014).

4

860.  

Notwithstanding any other provision of law, including
5Chapter 1 (commencing with Section 500):

6(a) begin insert(1)end insertbegin insertend insert Commencing January 1, 2019,begin insert except as provided in
7paragraph (2),end insert
any person employed in an agricultural occupation
8shall not be employed more than nine and one-half hours in any
9one workday or work in excess of 55 hours in any one workweek,
10unless the employee receives one and one-half times that
11employee’s regular rate of pay for all hours worked over nine and
12one-half hours in any workday or over 55 hours in any workweek.

begin insert

13
(2) This subdivision shall apply to an employer who employs
1425 or fewer employees commencing January 1, 2022.

end insert

15(b) begin insert(1)end insertbegin insertend insert Commencing January 1, 2020,begin insert except as provided in
16paragraph (2),end insert
any person employed in an agricultural occupation
17shall not be employed more than nine hours in any one workday
18or work in excess of 50 hours in any one workweek, unless the
19employee receives one and one-half times that employee’s regular
20rate of pay for all hours worked over nine hours in any workday
21or over 50 hours in any workweek.

begin insert

22
(2) This subdivision shall apply to an employer who employs
2325 or fewer employees commencing January 1, 2023.

end insert

24(c) begin insert(1)end insertbegin insertend insert Commencing January 1, 2021,begin insert except as provided in
25 paragraph (2),end insert
any person employed in an agricultural occupation
26shall not be employed more than eight and one-half hours in any
27one workday or work in excess of 45 hours in any one workweek,
28unless the employee receives one and one-half times that
29employee’s regular rate of pay for all hours worked over eight and
30one-half hours in any workday or over 45 hours in any workweek.

begin insert

31
(2) This subdivision shall apply to an employer who employs
3225 or fewer employees commencing January 1, 2024.

end insert

33(d) begin insert(1)end insertbegin insertend insert Commencing January 1, 2022,begin insert except as provided in
34paragraph (2),end insert
any person employed in an agricultural occupation
35shall not be employed more than eight hours in any one workday
36or work in excess of 40 hours in any one workweek, unless the
37employee receives one and one-half times that employee’s regular
38rate of pay for all hours worked over eight hours in any workday
39or over 40 hours in any workweek.

begin insert

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(2) This subdivision shall apply to an employer who employs
225 or fewer employees commencing January 1, 2025.

end insert
3

861.  

Except as set forth in Section 860 and subdivision (a) of
4Section 862, all other provisions of Chapter 1 (commencing with
5Section 500) regarding compensation for overtime work shall apply
6to workers in an agricultural occupation commencing January 1,
72017.

8

862.  

(a) Beginning January 1, 2022,begin insert except as provided in
9subdivision (c),end insert
and consistent with Section 510, any work
10performed by a person, employed in an agricultural occupation,
11in excess of 12 hours in one day shall be compensated at the rate
12of no less than twice the employee’s regular rate of pay.

13(b) Consistent with Section 861, notwithstanding subdivision
14(a) or Section 863, the other provisions of Section 510 shall be
15applicable to workers in an agricultural occupation commencing
16January 1, 2019.

begin insert

17
(c) Subdivision (a) shall apply to an employer who employs 25
18or fewer employees commencing January 1, 2025.

end insert
19

863.  

(a) Notwithstanding Section 860 or 862, the Governor
20may temporarily suspend scheduled phase inbegin insert of theend insert overtime
21requirements set forth in Section 860, or subdivision (a) of Section
22862 only if the Governor suspends scheduled minimum wage
23increases pursuant to clause (i) of subparagraph (A) of, and
24subparagraph (B) of, paragraph (3) of subdivision (d) of Section
251182.12.

26(b) If the Governor makes a final determination to temporarily
27suspend scheduled phase inbegin insert of theend insert overtime requirements set forth
28in Section 860 or subdivision (a) of Section 862 for the following
29year, all implementation dates applicable to Section 860 and
30subdivision (a) of Section 862 that are suspended subsequent to
31the September 1 final determination date, consistent with clause
32(i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3)
33of subdivision (d) of Section 1182.12, shall be postponed by an
34additional year, but the full implementation of the overtime
35requirements set forth in Section 860 or subdivision (a) of Section
36862 shall in no event be later than January 1, 2022. The Governor’s
37temporary suspension under this section shall be by proclamation.

38(c) The Governor’s authority to suspend the scheduled overtime
39requirements under this section shall end upon the phase in of the
40overtime requirements contained in subdivision (d) of Sectionbegin delete 860
P6    1orend delete
begin insert 860,end insert the phase in of the overtime requirements contained in
2subdivisionbegin delete (a)end deletebegin insert (c)end insert of Sectionbegin delete 862.end deletebegin insert 862, or January 1, 2025,
3whichever occurs first.end insert

4

864.  

The Department of Industrial Relations shall update Wage
5Order No. 14-2001 to be consistent with this chapter, except that
6any existing provision in Wage Order 14-2001 providing greater
7protections or benefits to agricultural employees shall continue in
8full force and effect, notwithstanding any provision of this chapter.

9

SEC. 3.  

No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.



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