For years, agricultural workers in California have faced limited overtime pay protections, often working long hours without the full compensation they deserve.
Prior to 2019, agricultural workers in California had limited overtime pay protections. Assembly Bill 1066, passed in 2016, began phasing in new overtime rules for agricultural workers starting in 2019. These rules now entitle agricultural workers to overtime pay for work exceeding certain hourly thresholds, with full implementation scheduled by 2025.
However, this significant change did not happen overnight. Recognizing the need for a smooth transition, California implemented a gradual phase-in schedule from 2019 to 2025.
The phase-in schedule
For employers with 26 or more workers, the journey began in 2019. Each year, the overtime threshold lowers, moving closer to the standard 40-hour workweek. In 2022, these workers started receiving overtime pay for any work beyond eight hours a day or 40 hours a week.
Meanwhile, smaller businesses with 25 or fewer employees follow a similar path but with a three-year delay. Their phase-in began in 2022 and will continue until 2025, which is when they will align with larger farms.
The new overtime pay rules
Currently, agricultural workers in farms with 26 or more employees receive overtime pay after eight hours in a day or 40 hours in a week, aligning with the standard overtime rules in other industries.
Meanwhile, as of 2024, workers in smaller farms comprised of 25 or fewer employees are receiving overtime pay after 8.5 hours in a day or 45 hours in a week. This will gradually decrease until it matches the larger farm requirements in 2025.
Protecting the rights of agricultural workers
The extension of overtime pay to agricultural workers represents a significant step toward workplace equity. It also acknowledges the demanding nature of agricultural work and the valuable contribution of our workers to the state.