BILL NUMBER:  SB 1121
  VETOED	DATE: 07/28/2010




To the Members of the California State Senate:

I am returning Senate Bill 1121 without my signature.

In 1999, California enacted sweeping legislation concerning overtime
wages and adopted the requirements that overtime be generally paid
after eight hours of work.  However, in enacting the "Eight-Hour-Day
Restoration and Workplace Flexibility Act of 1999" the Legislature
specifically exempted agricultural workers from such overtime
requirements, recognizing that agricultural work is different from
other industries: it is seasonal, subject to the unpredictability of
Mother Nature, and requires the harvesting of perishable goods.
Indeed, while California is the most progressive state in the nation
by allowing overtime pay for agricultural employees after 10 hours of
work, federal law exempts workers employed in agriculture from
overtime pay altogether.  Senate Bill 1121 would cast aside these
longstanding rules and would require overtime pay for agricultural
workers after eight hours per day and 40 hours per week.

My administration has made great strides to improve the lives of
agricultural workers.  I have signed legislation to increase the
minimum wage, fought hard to improve our state's infrastructure to
ensure adequate water supplies for our agricultural regions, and
enacted the first-in-the-nation outdoor heat stress regulations to
help keep agricultural workers safe.  Unfortunately, this measure,
while well-intended, will not improve the lives of California's
agricultural workers and instead will result in additional burdens on
California businesses, increased unemployment, and lower wages.  In
order to remain competitive against other states that do not have
such wage requirements, businesses will simply avoid paying overtime.
  Instead of working 10-hour days, multiple crews will be hired to
work shorter shifts, resulting in lower take home pay for all
workers.  Businesses trying to compete under the new wage rules may
become unprofitable and go out of business, resulting in further
damage to our already fragile economy.

Finally, it should be noted that Senate Bill 1121 would not just
change the rules governing overtime pay for agricultural workers, but
would also apply California's confusing and burdensome rest and meal
requirements.  Unfortunately, while there have been several attempts
to clean up this section of law, efforts at comprehensive reform
continue to fail.  There is no reason to exacerbate this continuing
problem by adding agricultural workers to it.  For these reasons, I
am unable to sign this bill.

Sincerely,



Arnold Schwarzenegger