Oakland - California’s overtime rate for agricultural employees working for employers who employ 25 or fewer employees will change starting January 1, 2023. Employers with 25 or fewer employees will be required to pay overtime for all hours after an agricultural employee works over nine hours in a workday or over 50 hours in a workweek.
In 2016, the Legislature passed Assembly Bill 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 9 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... | ||
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