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.
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.
[4] 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.
By a vote of 49-26, the Assembly ruled to sustain the decision of the chair, therefore, defeating Assemblymember Wagner's appeal.
[7] 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 Noes: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Chávez, Cooley, Cooper, Dahle, Dodd, Frazier, Beth Gaines, Gallagher, Gray, Grove, Hadley, Harper, Jones, Kim, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk No Votes Recorded: Eggman, Irwin, Levine, Wood [8] Ayes: Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Linder, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Waldron, Weber, Williams, Wood, Atkins Noes: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones, Kim, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Wilk No Votes Recorded: Chávez [9] Ayes: Allen, Beall, Block, De León, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Liu, Mendoza, Mitchell, Monning, Pan, Pavley, Wieckowski, Wolk Noes: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines, Glazer, Huff, Moorlach, Morrell, Nguyen, Nielsen, Stone, Vidak No Votes Recorded: Galgiani, Leyva, McGuire, Roth [10] AB 1066, the Phase-In Overtime for Agricultural Workers Act of 2016, will eliminate the current exemption for agricultural workers from California's overtime requirements over four years.
According to the United Farm Workers(UFW), the sponsors of the bill, the initial exclusion of farmworkers from the wage protections and maximum hour requirements set out in the Fair Labor Standards Act is part of our "country's shameful legacy that initially targeted African Americans who were farmworkers in the 1930s.
California is already at a competitive disadvantage as it is one of the only states that currently provides overtime pay at all for agricultural workers.
In his veto message Governor Schwarzenegger explained his rationale for refusing to sign the bill by stating, "Unfortunately, this measure, while well-intended, will not improve the lives of California's agricultural workers and instead will result in additional burdens on California businesses, increased unemployment, and lower wages.
In order to remain competitive against other states that do not have such wage requirements, businesses will simply avoid paying overtime.