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California: Agricultural worker overtime requirements for employers with fewer than 25 employees change

January 1, 2023

On September 12, 2016, Gov. Brown signed a law extending overtime benefits to agricultural workers. Previously, agricultural workers had been exempt from the state’s overtime requirements.

The new law provides a phase-in schedule for agricultural overtime requirements as follows:

More than 25 employees

  • January 1, 2019 – overtime pay due when 9 1/2 hours are worked in one workday or over 55 hours in a workweek;
  • January 1, 2020 – overtime pay due when 9 hours are worked in one workday or over 50 hours in a workweek;
  • January 1, 2021 – overtime pay due when 8 1/2 hours are worked in one workday or over 45 hours in a workweek;
  • January 1, 2022 – overtime pay due when 8 hours are worked in one workday or over 40 hours in a workweek;

25 or fewer employees

  • January 1, 2022 – overtime pay due when 9 1/2 hours are worked in one workday or over 55 hours in a workweek;
  • January 1, 2023 – overtime pay due when 9 hours are worked in one workday or over 50 hours in a workweek;
  • January 1, 2024 – overtime pay due when 8 1/2 hours are worked in one workday or over 45 hours in a workweek;
  • January 1, 2025 – overtime pay due when 8 hours are worked in one workday or over 40 hours in a workweek;

Beginning on January 1, 2022, employers must pay agricultural workers double time for all hours worked beyond 12 hours in a workday.

Other requirements and restrictions apply.

For more information, read CA Assembly Bill 1066.

Details

Date:
January 1, 2023
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