BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1121|
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THIRD READING
Bill No: SB 1121
Author: Florez (D)
Amended: As introduced
Vote: 21
SENATE LABOR & INDUST. RELATIONS COMMITTEE : 4-2, 5/3/10
AYES: DeSaulnier, Ducheny, Leno, Yee
NOES: Wyland, Hollingsworth
SUBJECT : Overtime wages: agricultural workers
SOURCE : Author
DIGEST : This bill withdraws the exemption on
agricultural workers from overtime and meal period
requirements.
ANALYSIS : Existing law, with certain exceptions, defines
a day's work as eight hours of labor. Any additional hours
worked in excess of eight hours in one day, or a 40-hour
workweek, must be compensated with the payment of overtime.
Under existing law, the payment of overtime compensation is
as follows:
1. Any work in excess of eight hours in one workday, any
work in excess of 40 hours in any one workweek, and the
first eight hours worked on the seventh day of work in
any one workweek shall be compensated at the rate of no
CONTINUED
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less than one and one-half times the regular rate of pay
for an employee.
2. Any work in excess of 12 hours in one day shall be
compensated at the rate of no less than twice the
regular rate of pay for an employee.
3. Any work in excess of eight hours on any seventh day of
a workweek shall be compensated at the rate of no less
than twice the regular rate of pay of an employee.
Existing law provides that the standard requirements for
the payment of overtime compensation do not apply where:
1. An employee submits a written request to make up work
time that would be lost as a result of a personal
obligation of the employee if the make-up work time is
performed in the same workweek in which the work time
was lost. Such make-up work time may not be counted
towards computing the total number of hours worked in a
day.
2. An alternative workweek schedule has been adopted
pursuant to Section 511 of the Labor Code. Under this
procedure, an employer may propose an alternative
workweek for no longer than 10 hours per day within a
40-hour workweek and, if it is approved, the employer is
not required to pay overtime compensation for such a
work schedule. The employer must specify the workers in
a work unit and conduct a secret ballot election. If
two-thirds of the workers approve, the new workweek is
deemed adopted. The employer is required to make a
reasonable effort to find a work schedule not to exceed
eight hours for a worker unable to work the alternative
schedule.
3. Employees have adopted an alternative workweek schedule
pursuant to a collective bargaining agreement if the
agreement expressly provides for wages, hours of work,
and working conditions of the employees, and if the
agreement provides premium wage rates for all overtime
hours worked and a regular hourly rate of pay for those
employees of not less than 30 percent more than the
state minimum wage.
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4. An alternative workweek schedule is inapplicable because
the work relates to cases of emergency or the protection
of life or property, to the movement of trains, or to
certain hardship exceptions as specified by the Chief of
the Division of Labor Standards Enforcement.
Existing law requires, with certain exemptions, that all
employees receive a meal break of 30 minutes before the
start of the fifth hour of work, unless the work period is
no more than six hours and both the employer and the
employee choose to waive the meal period by mutual consent.
Existing law requires that if the work period is more than
ten hours, a second meal period of 30 minutes must also be
granted to an employee. This second meal period can be
waived by the mutual consent of the employer and employee,
but only if the work period is no more than 12 hours, and
the first meal period was not waived.
Existing law exempts employers of agricultural workers from
these requirements.
This bill requires that employers of agricultural workers
must follow these requirements.
Prior Legislation
AB 841 (Dickey), Chapter 1264, Statutes of 1941, originally
created the overtime exemption for agricultural workers.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/4/10)
California Applicants' Attorneys Association
California Commission on the Status of Women
California Communities United Institute
California Conference Board of the Amalgamated Transit
Union
California Conference of Machinists
California Employment Lawyers Association
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California Labor Federation
California Nurses Association
California Rural Legal Assistance Foundation
California Teamsters Public Affairs Council
Consumer Attorneys of California
Engineers and Scientists of California
International Longshore & Warehouse Union
Kazan, McClain, Lyons, Greenwood & Harley
Professional & Technical Engineers, Local 21
UNITE HERE!
United Food and Commercial Workers Union, Western States
Council
Worksafe
OPPOSITION : (Verified 5/4/10)
Agricultural Council of California
Alliance Western Milk Producers
Allied Grape Growers
California Association of Nurseries & Garden Centers
California Association of Wheat Growers
California Association of Winegrape Growers
California Bean Shippers Association
California Chamber of Commerce
California Citrus Mutual
California Cotton Ginners & Growers Association
California Farm Bureau Federation
California Grain & Feed Association
California Grape and Tree Fruit League
California Pear Growers Association
California Seed Association
California State Floral Association
California Warehouse Association
California Women for Agriculture
Family Winemakers of California
Grower-Shipper Association of Central California
Grower-Shipper Vegetable Association of Santa Barbara and
San Luis Obispo Counties
Nisei Farmers League
Pacific Coast Renderers Association
Pacific Egg & Poultry Association
Taddei Vineyards
Ventura County Agricultural Association
Western Agriculture Processors Association
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Western Growers
Western United Dairymen
Wine Institute
ARGUMENTS IN SUPPORT : Proponents argue that agricultural
workers face increasingly difficult working conditions for
very low pay. Proponents note that agricultural employees
are completely dependent on their employers for the
provision of bathrooms and clean water, and the
agricultural workers frequently work in incredibly hot
weather conditions, yet can only receive overtime after
they work 10 hours in a workday, or 60 hours in a workweek.
Proponents believe that agricultural employees should not
be treated in a unique or distinct way, and that the
two-tiered overtime provisions are antiquated and should be
abolished.
ARGUMENTS IN OPPOSITION : Opponents note that agriculture
is critically affected and dependent on weather conditions
and the seasonality of agricultural production, and
opponents argue that this requires greater flexibility in
scheduling work than other industries, which is currently
reflected in both federal and state labor laws. Opponents
also argue that California already has the nation's most
progressive labor protections for agricultural production,
and that no other state currently requires overtime once
agricultural workers have exceeded the 40-hour workweek.
Moreover, opponents argue that due to razor-thin profit
margins, farmers will be forced to cut hours and layoff
employees if they face an increase in labor costs.
Opponents believe that this will hurt the California
economy, as agriculture has aided the state's recovery
during the current economic downturn, as well as place the
state's agricultural industry at a competitive
disadvantage.
PQ:mw 5/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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