New Law Phases In Overtime Increases for Agricultural Workers

Ervin Cohen & Jessup LLP
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Beginning on January 1, 2019,  Assembly Bill 1066 phases in overtime for agricultural workers over a four year period, ultimately making these workers eligible for overtime pay at one and one-half (1-½) times their regular rate after eight hours per day, rather than the current ten hours. Employers who employ 25 or fewer employees will have an additional three years to comply with the phasing-in of these overtime requirements and will be required to meet the same phased in standards mentioned below commencing on January 1, 2022.

More specifically, in 2019, employers with more than 25 employees will be required to pay overtime at one and one-half (1 ½) times a worker’s  regular rate of pay for hours worked over nine and one-half (9-½) per day or 55 hours per week.  Each year, the hours worked that would trigger this overtime requirement will be reduced by 30 minutes for the daily total, and five hours for the weekly total, until reaching eight hours per day and 40 hours per week in 2022.  In addition, as of 2022, agricultural employees must be paid at double their regular rate of pay for any hours worked over 12 in a day.

The Governor can delay implementation of these overtime pay requirements if the Governor also suspends a scheduled state minimum wage increase.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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