As you might recall, on September 12, 2016, Governor Brown signed AB 1066 into law. This bill phases out the overtime exemption under IWC Wage Order 14 for agricultural workers, and phases in overtime according to the following schedule:
More than 25 employees:
| YEAR | DAILY OVERTIME | WEEKLY OVERTIME |
|---|---|---|
| 2019 | 9.5 hours | 55 hours |
| 2020 | 9 | 50 |
| 2021 | 8.5 | 45 |
| 2022 | 8 | 40 |
25 or fewer employees:
| YEAR | DAILY OVERTIME | WEEKLY OVERTIME |
|---|---|---|
| 2017-2021 | 10 hours | 60 hours |
| 2022 | 9.5 | 55 |
| 2023 | 9 | 50 |
| 2024 | 8.5 | 45 |
| 2025 | 8 | 40 |
Most of the other overtime provisions of Labor Code section 510 will also begin to apply to agricultural workers starting on January 1, 2019; although double time provisions will not kick in until January 1, 2022. Note also that other provisions of the Labor Code, including meal period provisions, will now apply to formerly exempt agricultural workers. A new IWC Wage Order 14 will be issued consistent with these new rules.
If you have any questions regarding overtime in your particular industry, or any other employment law matter, please call LightGabler at 805-248-7208.
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