California's Assembly Bill 1066, Phase-In Overtime for Agricultural Workers Act of 2016, was authored by Assemblymember Lorena Gonzalez Fletcher and was signed by Governor Jerry Brown on September 12, 2016. This bill allows farmworkers in California to qualify for overtime pay after working 8 hours in a single day or 40 hours in a workweek. Prior to the passage of AB 1066, farmworkers were only eligible for overtime pay after working 10 hours.
Background
In 1938, Congress passed the Fair Labor Standards Act (FLSA). The FLSA set the minimum baseline requirements for labor laws in the United States in regards to minimum wage, overtime pay, recordkeeping, and child labor standards. The standards were meant to encompass employees in the private sector as well as in the Federal, State, and local governments. Agricultural workers were exempted from the overtime provisions of the FLSA, but each individual state was left with the discretion to exceed the requirements established by the FLSA.
In 1941 the California Legislature voted to exempted all agricultural employees from the statutory requirements of overtime, therefore codifying the exclusion of agricultural workers from the overtime protections of the FLSA. When the 8-hour day was codified in 1999, the statutory exemption for agricultural workers remained in place. Therefore, agricultural workers did not receive overtime pay until working over 10 hours in a single day and more than six days during a workweek.
The State of California Law Prior to the Passage of AB 1066
California Labor Code §510 defines a full work day as 8 hours and a full work week as 40 hours a week. With some exceptions overtime compensation is required for any work in excess of 8 hours in one workday and any work in excess of 40 hours per work week. However, Labor Code §554 exempts any person employed in an agricultural occupation for the provisions laid out in Labor Code §510. Labor Code §516 establishes the Industrial Welfare Commission (IWC) to adopt or amend working condition orders with respect to break periods, meal periods, and days of rest for any workers in the State consistent with the health and welfare of those workers.
Under Wage Order 14 of the Industrial Welfare Commission employees working in an agricultural occupation are entitled to overtime compensation for any work in excess of 10 hours in one workday or more than 6 days in any workday, and the first 8 hours of the 7th days much be paid at 1 1/2 times the employee's regular rate. Additionally, all hours worked over 8 on the 7th day of work must be paid at double the employee’s regular rate of pay.
Comparison by Occupation of Overtime Provisions Prior to AB 1066
Pay Overtime Equal to 1 1/2 times regular pay: For most occupations, all hours over 8 hours in one day or 40 in one week. For farmworkers, all hours over 10 in one day and 60 in one week.
Assembly Floor Debate
Joint Rule 54(c) Controversy :
During the Floor Debate for AB 1066 Assemblymember Wagner raised a point of order claiming that Assemblymember Gonzalez had violated Joint Rule 54(c). Assemblymember Wagner claimed that in accordance with Joint Rule 54(c), a member may not bring up a bill that is substantially similar to a bill that was brought up earlier that same session. Assemblymember Wagner claimed that AB 1066 was virtually identical to AB 2757 and therefore violated Joint Rule 54(c). However, Speaker Pro Tempore Mullin ruled against the point of order stating that Joint Rule 54(c)"states that no Member may author a bill that has substantially the same effect as a bill that he or she previously introduced during that Session; the argument does not apply to the bill before the Body when compared to the introduced version of the original bill, Assembly Bill No. 2757." Assemblymember Wagner appealed the decision of the chair, and a vote was conducted to see if the decision of the chair should be overturned. By a vote of 49-26, the Assembly ruled to sustain the decision of the chair, therefore, defeating Assemblymember Wagner's appeal.
Assembly Floor Vote
First Assembly Floor Vote: August 29, 2016
Ayes: 44 Noes: 32 NVR: 4
Ayes: Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Dababneh, Daly, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Roger Hernández, Holden, Jones-Sawyer, Linder, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Rendon