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January 2023: New California Overtime Rate in 2023 for Agricultural Employees Working for Employers who Employ 25 or Fewer Employees

17 Jan

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Update Applicable to:
All employers who employ 25 or fewer agricultural employees in the state of California.

What happened and what are the details?
In 2016, the Legislature passed Assembly Bill 1066 (AB 1066), known as the “Phase-In Overtime for Agricultural Workers Act.” The law provides overtime pay for all agricultural employees, with requirements gradually phased in so that overtime protections for all agricultural workers will ultimately match those guaranteed to non-agricultural employees.

For agricultural employees working for employers who employ 26 or more employees, this matches with generally applicable overtime requirements that took effect on January 1, 2022, with those workers entitled to overtime compensation for all hours worked in excess of eight hours in a workday or 40 hours in a workweek.

The new requirements that take effect on January 1, 2023, for agricultural employees working for employers who employ 25 or fewer employees – overtime pay for all work in excess of nine hours in one day or 50 hours in one week – bring these workers closer to the end-goal of the phase-in. The chart below provides more details about the phase-in.


Schedule for Changes to Daily and Weekly Hours After Which Agricultural Workers Receive Overtime Pay

Effective date for employers with 26 or more employees:Effective date for employers with 25 or fewer employees:Overtime (1.5x regular rate of pay) required after the following hours per day/hour per workweek:
Jan. 1, 2019Jan. 1, 20229.5 / 55
Jan. 1, 2020Jan. 1, 20239 / 50
Jan. 1, 2021Jan. 1, 20248.5 / 45
Jan. 1, 2022*Jan. 1, 2025*8 / 40
*Double the regular rate of pay required after 12 hours in a workday.

Agricultural employees are also generally entitled to time and one-half pay for the first eight hours worked on the seventh consecutive day of work and double-time pay for all work performed in excess of eight hours on the seventh consecutive day of work. These protections apply regardless of employer size.

Non-agricultural employees employed by businesses that also employ agricultural employees are entitled to overtime after 8 hours in a workday or after 40 regular hours in a workweek, in addition to double time under the applicable wage order.

For more information, please see the links below:

Assembly Bill 1066 (AB 1066)

DIR News Release

What do employers need to do?
Employers should review the links provided above and make immediate changes to their overtime pay policies to ensure that their workers are provided their appropriate pay and the employers are in compliance with the law.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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