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Phase-In Overtime for Agricultural Workers Begin in 2019
The law phases in for agricultural workers the same overtime requirements that apply to all California hourly employees – i.e., overtime after 8 hours per day, 40 hours per week, and for the first 8 hours on the seventh consecutive day in a workweek; double time after 12 hours per day, and after 8 hours on the seventh consecutive day in a workweek.
Employers who employ 26 or more employees will be required to phase in new overtime requirements for agricultural workers over the course of four (4) years, from 2019 to 2022. Commencing January 1, 2019, any person employed in an agricultural occupation shall be paid overtime at 1.5 times their regular rate of pay for hours worked over 9.5 in a workday, or greater than 55-hours in a workweek. Overtime for hours worked more than 12-hours in a workday would not apply until 2022.
Overtime requirements will decrease incrementally through 2022, until the overtime requirements reflect the same overtime requirements as other hourly employees.
Employers who employ 25 or fewer employees will have an additional three (3) years to comply with the new law. For example, the new phase-in overtime requirements would not apply to these employers until 2022.