What is the current 2018 agriculture labor overtime rules
Hi Jean,
Thank you for your question. I believe you are referring to AB 1066, which phases in additional labor protections for agricultural workers. Most of the benefits of that law begin taking effect on January 1, 2019. (See Lab. Code, § 860, subd. (a).) The effective date is even later for employees of businesses with 25 or fewer employees.
In 2018, most non-union and non-exempt agricultural employees are entitled to overtime if they work:
- More than 10 hours in any one workday, or
- More than 6 days in any workweek (unless the employee worked no more than 30 total hours in the workweek, and no more than 6 hours in any single workday).
(Cal. Code Regs., tit. 8, § 11140, subd. 3(A).)
The applicable overtime rate is usually 1.5 times the employee’s regular hourly rate. But if the employee works more than 8 hours on the 7th consecutive workday in a workweek, the overtime rate is twice the employee’s regular hourly rate. (Lab. Code, §§ 510, subd. (a), 861; Cal. Code Regs., tit. 8, § 11140.)
For now, the current benefit of AB 1066 is somewhat limited. Most importantly, agricultural employees can no longer be forced to work 7 consecutive days in a workweek. Rather, employers must advise their workers of their right to take a day of rest and then maintain absolute neutrality as to the exercise of that right. (Lab. Code, §§ 552, 861; Mendoza v. Nordstrom, Inc. (2017) 2 Cal.5th 1074, 1091.)
I hope this information helps. Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I wish you the best of luck in your situation!