Amended  IN  Assembly  April 08, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3056

Introduced by Assembly Member Gallagher
(Coauthors: Assembly Members Alanis, Megan Dahle, and Wallis)
(Coauthors: Senators Niello and Seyarto)

February 16, 2024

An act to amend Section 860 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 3056, as amended, Gallagher. Agricultural workers: overtime compensation.
Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law, the Phase-In Overtime for Agricultural Workers Act of 2016, imposes a schedule that phases in overtime requirements for agricultural workers each year, over the course of 4 years, from 2019 to 2022, inclusive. Existing law provides employers who employ 25 or fewer employees an additional 3 years to comply with the phasing in of these overtime requirements. In this regard, existing law requires a person employed in an agricultural occupation to receive 1 12 times their regular rate of pay for the hours they worked in excess of certain numbers in a workday or workweek, depending on the year and the size of the employer. law, beginning on January 1, 2022, and January 1, 2025, in the case of smaller employers, prohibits any person employed in an agricultural occupation from being employed more than 8 hours in a work day or 40 hours in a work week unless they receive 1 1/2 times their regular rate of pay for the excess hours they worked.
This bill would delete the provision that, beginning on January 1, 2021, and January 1, 2024, in the case of smaller employers, decreased the number of hours worked before that overtime rate of pay becomes applicable from 9 to 8 12 hours in a workday and from 50 to 45 hours in a workweek. The bill would also delete the provision that, beginning on January 1, 2022, and January 1, 2025, in the case of smaller employers, further decreases those hours to 8 hours in a workday and 40 hours in a workweek. increase the number of hours worked in a work week before that overtime rate of pay becomes applicable from 40 to 48 hours in a workweek.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 860 of the Labor Code is amended to read:

860.
 Notwithstanding any other provision of law, including Chapter 1 (commencing with Section 500):
(a) (1) Commencing January 1, 2019, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine and one-half hours in any one workday or work in excess of 55 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek.
(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2022.
(b) (1) Commencing January 1, 2020, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine hours in any one workday or work in excess of 50 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek.
(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2023.
(c) (1) Commencing January 1, 2021, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight and one-half hours in any one workday or work in excess of 45 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek.
(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2024.
(d) (1) Commencing January 1, 2022, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight hours in any one workday or work in excess of 48 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight hours in any workday or over 48 hours in any workweek.
(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025.