Changes for Agricultural Worker’s Overtime Rules: What You Need to Know
Many Agricultural workers know that they do not start earning overtime until after 10 hours of work per day or 60 hours per week. Agricultural jobs like spraying crops, growing, weeding, picking produce, milking cows, and planting nursery products have different wage and hour regulations than other jobs.
However, this is changing.
This blog post will discuss the changes to agricultural jobs taking place in the next couple years that will eventually make agricultural jobs like most other jobs. Over the next four years, agricultural workers will gradually transition to earning overtime after 8 hours of work per day or 40 hours per week.
Why are Agricultural workers treated differently?
Most workers fall under a Wage Order: rules that regulate wages, hours and working conditions of California workers. (For more information about Wage Orders, see our blog: Wage Orders
Agricultural workers fall under Wage Order 14. Prior to 2019, agricultural workersearned as follows:
- Overtime (1 ½x wages) after 10 hours of work in one day;
- Overtime for the first 8 hours of work on the 7th consecutive day of work;
- Double time (2x wages) for any hours worked over 8 hours on the 7th consecutive day of work.
For example. John worked Monday through Friday, 10 hours each day. On Saturday, John Worked 12 hours. John’s manager called him into work on Sunday and he worked 10 hours on that day.
John can claim 2 hours of overtime on Saturday, since he worked 12 hours. Sunday is John’s 7th consecutive day working. On Sunday, he can claim overtime for the first 8 hours worked, and double time on the last 2 hours worked.
I am an agricultural worker. What changes am I going to see?
Starting January 1, 2019, the rules named above are changing and they will change every year until agricultural workers reach 8 hours per day or 40 hours per week to receive overtime.
Employers with 25 or more Employees
|Start Date||Daily Overtime (1.5x)||Weekly Overtime (1.5x)|
|January 1, 2019*||> 9.5 hrs/day||> 55 hrs/wk|
|January 1, 2020*||> 9 hrs/day||> 50 hrs/wk|
|January 1, 2021*||> 8.5 hrs/day||> 45 hrs/wk|
|January 1, 2022*||> 8 hrs/day||> 40 hrs/wk|
It is important to remember these changes in the upcoming years to make sure that your employer is paying you properly.
I do not know if I am getting paid what I am supposed to be paid. Who can help me?
It can be difficult to determine if your work is paying you properly. If you believe that your work has not been paying you properly or would like more information, do not hesitate to get in touch with one of our experienced employment law attorneys at Venardi Zurada LLP.