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Effective January 1, 2023: CA Overtime Rate Change for Agricultural Employees Working for Employers who Employ 25 or Fewer Employees

*double the regular rate of pay required after 12 hours in a workday.

Effective January 1, 2023, California’s overtime rate for ag employees working for employers who employ 25 or fewer employees will change. Ag Employers with 25 or fewer employees will be required to pay overtime for all hours after an agricultural employee works over 9 hours in a day or over 50 hours in a week.

The new requirements are part of the AB 1066 passed by legislature in 2016, this created a timetable for Ag workers to receive overtime pay so that they will gradually receive overtime pay on the same basis as workers in most other industries.

Agricultural workers have been known to work long hours traditionally from sunrise to sunset. There is no denying that working at night presents unique hazards that would not typically exist during the day. Night work or “hours of darkness” is defined as agricultural work activity that takes place between sunset and sunrise.

Effective July 2020, GISO §3449, requires agricultural employers to evaluate each outdoor worksite to ensure that adequate lighting is available during hours of darkness, and operations taking place between sunset and sunrise are illuminated to ensure safe work and visibility.

The illumination levels are dependent on the operation and task being performed, which is outlined below in Table 1 – Illumination Levels. Cal/OSHA uses the reference to foot-candles and lumens which are both units of measuring light.

For example, Workers must have a minimum illumination of 10 foot-candles when working within 25 feet of operating tractors, trucks, self-propelled or towed equipment.

It is also required that safety meetings conducted at the beginning of each shift include how to safely access restrooms, drinking water, designated break areas, nearby bodies of water and high traffic areas. Class 2 high visibility garments must also be provided and worn by workers.

Table 1

For more information and to schedule an inspection with CSTC® call us at 661-377-8300 or email biv@cstcsafety.com.