AB 1066, a bill authored Assemblymember Lorena Gonzalez (D-San Diego), to provide daily overtime to California agricultural workers, has been signed into law by Governor Brown.
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 has exempted agricultural employees from these requirements.
AB 1066, the Phase-In Overtime for Agricultural Workers Act of 2016, removes this exemption for agricultural employees regarding hours, meal breaks, and other working conditions, and creates a schedule phases in overtime requirements for agricultural workers over the course of 4 years (from 2019 to 2022). Beginning January 1, 2022, the bill will 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 provide employers who employ 25 or fewer employees an additional 3 years to comply with the phasing in of these overtime requirements. The bill also authorizes 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. The bill would require the Department of Industrial Relations to update a specified wage order for consistency with these provisions, as specified.
Here is the full text of the new law: