California Employment Law Update – February 2019

Agricultural Workers and Required Overtime Compensation

On January 1, 2019, the California Industrial Welfare Commission released an updated Wage Order No. 14-2001 (IWC No. 14-2001) regulating the wages, hours, and working conditions of employees in agricultural occupations. Under IWC No. 14-2001, employers of more than 25 employees in agricultural occupations must comply with the following overtime compensation requirements:

1. Starting January 1, 2019, an employee may not work more than nine and one-half hours per workday or 55 hours per workweek unless the employee receives one and one-half times his or her regular rate of pay for all hours worked over nine and one-half hours in any one workday or more than 55 hours in any one workweek.
2. Starting January 1, 2020, an employee may not work more than nine hours per workday or fifty hours per workweek unless the employee receives one and one-half times his or her regular rate of pay for all overtime hours worked over nine hours in any one workday or more than 50 hours in any one workweek.
3. Starting January 1, 2021, an employee may not work more than eight and one-half hours per workday or 45 hours per workweek unless the employee receives one and one-half times his or her regular rate of pay for all hours worked over eight and one-half hours in any one workday or more than forty-five hours in any one workweek.
4. Starting January 1, 2022, an employee may not work more than eight hours per workday or work in excess of 40 hours per workweek unless the employee receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday or more than 40 hours in any workweek and double the employee’s regular rate of pay for all hours worked over 12 hours in any one workday.

The wage order requires the following for employers with 25 or fewer employees in agricultural occupations to comply with the following overtime compensation requirements (in direct correlation to the above bulleted list):

5. Starting January 1, 2022, the overtime standards and compensation in Bullet #1 applies to any employee who works over the specified threshold hours in any one workday or workweek.
6. Starting January 1, 2023, the overtime standards and compensation in Bullet #2, applies to any employee who works over the specified threshold hours in any one workday or workweek.
7. Starting January 1, 2024, the overtime standards and compensation in in Bullet #3, applies to any employee who works over the specified threshold hours in any one workday or workweek.
8. Starting January 1, 2025, the overtime standards and compensation in Bullet #4, applies to any employee who works over the specified numbers of hours in any one workday or workweek.

The wage order took effect on January 1, 2019.

Read IWC No. 14-2001