Agricultural Workers
Special labor protections and rules for farm workers in California, including overtime, heat illness prevention, and piece-rate compensation requirements.
What Are Agricultural Workers?
Agricultural workers are employees engaged in farming, cultivation, growing, and harvesting of agricultural commodities. In California, agricultural workers have historically been subject to different labor rules than other workers, but recent legislation has significantly expanded their protections.
California leads the nation in agricultural production and has approximately 400,000 farm workers. Understanding the specific labor rules for this workforce is essential for farm operators, labor contractors, and agricultural businesses.
Definition of Agricultural Work
Under California law, agricultural work includes:
Covered Activities
- Cultivating and tilling soil
- Planting, raising, and harvesting crops
- Raising livestock, bees, fur-bearing animals, or poultry
- Farm practices performed as part of farm operations
- Preparing agricultural commodities for market
- Delivery to market or carrier for transportation
Excluded Activities
These activities are NOT considered agricultural (standard rules apply):
- Processing agricultural commodities (canneries, packing houses)
- Commercial handling after initial processing
- Landscape gardening
- Operating greenhouses primarily for retail
- Veterinary services
- Agricultural research facilities
Overtime Rules for Agricultural Workers
California has implemented phased-in overtime protections for agricultural workers under AB 1066.
Current Overtime Requirements (2025 and Beyond)
Agricultural workers now receive the same overtime protections as other workers:
| Employer Size | Daily OT Threshold | Weekly OT Threshold |
|---|---|---|
| 26+ employees | After 8 hours | After 40 hours |
| 25 or fewer employees | After 8 hours | After 40 hours |
Historical Phase-In (AB 1066)
For reference, overtime protections were phased in:
| Year | Large Employers (26+) | Small Employers (25 or fewer) |
|---|---|---|
| 2019 | After 9.5 hrs/day, 55 hrs/wk | Standard ag exemption |
| 2020 | After 9 hrs/day, 50 hrs/wk | After 9.5 hrs/day, 55 hrs/wk |
| 2021 | After 8.5 hrs/day, 45 hrs/wk | After 9 hrs/day, 50 hrs/wk |
| 2022 | After 8 hrs/day, 40 hrs/wk | After 8.5 hrs/day, 45 hrs/wk |
| 2023+ | After 8 hrs/day, 40 hrs/wk | After 8 hrs/day, 40 hrs/wk |
Double-Time for Agricultural Workers
Agricultural workers are now entitled to double-time:
- After 12 hours in a workday
- After 8 hours on the 7th consecutive day of the workweek
Overtime Calculation Example
A farm worker earning $17/hour works:
- Monday: 10 hours
- Tuesday: 10 hours
- Wednesday: 10 hours
- Thursday: 10 hours
- Friday: 8 hours
- Total: 48 hours
Calculation:
| Day | Regular | OT (1.5×) |
|---|---|---|
| Mon | 8 hrs × $17 = $136 | 2 hrs × $25.50 = $51 |
| Tue | 8 hrs × $17 = $136 | 2 hrs × $25.50 = $51 |
| Wed | 8 hrs × $17 = $136 | 2 hrs × $25.50 = $51 |
| Thu | 8 hrs × $17 = $136 | 2 hrs × $25.50 = $51 |
| Fri | 8 hrs × $17 = $136 | 0 |
| Total | $680 | $204 |
Total weekly pay: $884
Minimum Wage for Agricultural Workers
Agricultural workers are entitled to California's full minimum wage:
| Year | State Minimum Wage |
|---|---|
| 2024 | $16.00/hour |
| 2025 | $16.50/hour (indexed) |
Local Minimum Wage
If the farm is located in a city with a higher local minimum wage, that rate applies if the agricultural worker performs work within the city limits.
Piece-Rate Compensation
Many agricultural workers are paid by the piece rather than by the hour. California has specific protections for piece-rate workers.
Minimum Wage Guarantee
Regardless of piece-rate earnings, workers must receive at least minimum wage for all hours worked.
Example:
- Worker picks fruit for 8 hours
- Piece-rate earnings: $100
- Minimum wage equivalent: 8 × $16.50 = $132
- Employer must pay: $132 (the minimum wage amount)
Separate Pay for Non-Productive Time
Under California law (AB 1513), piece-rate workers must receive separate compensation for:
| Time Type | Minimum Payment |
|---|---|
| Rest breaks | Average hourly rate |
| Other non-productive time | Minimum wage |
| Recovery periods | Average hourly rate |
Calculating Average Hourly Rate
For piece-rate workers:
Average Hourly Rate = Total Piece-Rate Earnings ÷ Hours Performing Piece-Rate Work
This rate is used for rest breaks and recovery periods.
Overtime for Piece-Rate Workers
Overtime for piece-rate workers is calculated by:
- Determining the average hourly piece rate
- Adding the half-time premium for overtime hours
Example:
- Piece-rate earnings: $200 for 10 hours of piece work
- Average rate: $20/hour
- 8 hours regular: included in $200
- 2 hours OT premium: 2 × ($20 × 0.5) = $20
- Total: $200 + $20 = $220
Meal and Rest Breaks
Agricultural workers are entitled to meal and rest breaks under California law.
Rest Breaks
| Hours Worked | Rest Breaks Required |
|---|---|
| 0-3.5 hours | None required |
| 3.5-6 hours | One 10-minute break |
| 6-10 hours | Two 10-minute breaks |
| 10-14 hours | Three 10-minute breaks |
Rest breaks must be:
- Paid at the regular rate
- In the middle of each 4-hour work period (when practicable)
- Free from duties
Meal Breaks
| Hours Worked | Meal Breaks Required |
|---|---|
| 5-10 hours | One 30-minute break (by 5th hour) |
| 10+ hours | Two 30-minute breaks |
Meal breaks may be unpaid if:
- The worker is relieved of all duties
- The worker is free to leave the premises
Penalty for Missed Breaks
For each missed meal or rest break: 1 hour of pay at the regular rate
Heat Illness Prevention
Agricultural employers have enhanced obligations under California's Heat Illness Prevention Standard.
Temperature Thresholds
| Temperature | Required Actions |
|---|---|
| At all times | Water, shade access, training |
| 80°F+ | Proactive shade encouragement |
| 95°F+ | High heat procedures required |
Required Provisions
| Requirement | Details |
|---|---|
| Water | Cool, fresh water; 1 quart per hour per worker |
| Shade | Enough for all workers on break; open to air or ventilated |
| Rest | Workers may take preventive cool-down rest when needed |
| Training | Before outdoor work begins; in language workers understand |
| Emergency plan | Procedures for heat illness response |
High Heat Procedures (95°F+)
When temperatures reach 95°F or higher:
- Pre-shift meeting about heat dangers
- Ensure effective communication (cell phones, radios)
- Observe for signs of heat illness
- Designate employee to call emergency services
- Mandatory cool-down rest periods of 10 minutes minimum every 2 hours
Heat Illness Penalties
| Violation Type | Penalty |
|---|---|
| Regulatory (no illness) | Up to $25,000 per violation |
| Serious (potential for injury) | Up to $25,000 per violation |
| Willful (illness/death) | Up to $156,000 per violation |
| Criminal (death) | Potential criminal prosecution |
Labor Contractor Requirements
Many agricultural operations use farm labor contractors (FLCs). Both the contractor and the grower may be liable for labor violations.
Joint Employer Liability
Under California law, the business using contract labor may be jointly liable for:
- Wage and hour violations
- Discrimination and harassment
- Workplace safety violations
- Workers' compensation
Labor Contractor Licensing
Farm labor contractors must:
| Requirement | Details |
|---|---|
| State license | Register with California DLSE |
| Federal certificate | USDOL MSPA registration |
| Bond | Sufficient surety bond |
| Insurance | Workers' comp and liability insurance |
| Recordkeeping | Maintain employment records |
Verification Requirements
Growers should:
- Verify contractor's state and federal licenses
- Confirm current insurance and bonding
- Include indemnification in contracts
- Audit contractor compliance periodically
- Maintain records of verification
Housing and Transportation
When agricultural employers provide housing or transportation:
Employee Housing Standards
| Requirement | Details |
|---|---|
| Registration | Must register with Cal/OSHA |
| Inspections | Subject to annual inspections |
| Standards | Specific space, sanitation, safety requirements |
| No rent deductions | Cannot reduce wages below minimum wage |
Transportation Requirements
| Requirement | Details |
|---|---|
| Vehicle safety | Must meet DMV and safety standards |
| Driver qualifications | Must have proper license, clean record |
| Insurance | Adequate liability coverage |
| Working conditions | Air conditioning, clean vehicles |
Pay for Transportation Time
If travel is part of the workday (not normal commute):
- Pay for all travel time
- Include in hours for overtime calculation
- Provide rest and meal breaks on long trips
Immigration Status and Labor Rights
Regardless of immigration status, all workers are protected by California labor laws:
Protected Rights
- Minimum wage
- Overtime pay
- Meal and rest breaks
- Safe workplace
- Workers' compensation
- Freedom from retaliation
Anti-Retaliation Protections
Employers cannot:
- Threaten to report immigration status
- Retaliate for exercising labor rights
- Discriminate based on national origin or citizenship status
Recordkeeping Requirements
Agricultural employers must maintain detailed records:
| Record Type | Retention Period |
|---|---|
| Time records | 4 years |
| Payroll records | 4 years |
| Piece-rate calculations | 4 years |
| Heat illness training | Duration of employment + 3 years |
| Labor contractor verification | 4 years |
Required Time Record Information
- Employee name and address
- Start and end times for each shift
- Meal period start and end times
- Total hours worked each day
- Piece-rate units and pay
- Total compensation each pay period
Compliance Checklist for Agricultural Employers
Wage and Hour
- Paying at least minimum wage for all hours
- Calculating overtime after 8 hours/day and 40 hours/week
- Properly calculating piece-rate plus overtime
- Paying separately for rest breaks and non-productive time
- Providing meal and rest breaks per schedule
Health and Safety
- Heat illness prevention plan in place
- Water, shade, and rest provided
- Workers trained on heat illness in appropriate language
- Emergency response procedures established
Recordkeeping
- Accurate time records maintained
- Piece-rate calculations documented
- Heat illness training records kept
- Labor contractor licenses verified
Agricultural labor compliance in California requires attention to the unique rules that apply to this workforce, combined with the standard California protections that now fully apply after the AB 1066 phase-in.
Related Terms
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