Bill Text: CA AB2757 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Agricultural workers: wages, hours, and working conditions.

Spectrum: Partisan Bill (Democrat 27-0)

Status: (Introduced - Dead) 2016-06-02 - Read second time. Ordered to third reading. Assembly Rule 63 suspended. (Page 5166.) Assembly Rule 69 suspended. (Ayes 51. Noes 26. Page 5207.) Read third time and amended. Ordered to third reading. (Ayes 45. Noes 28. Page 5207.) Read third time. Refused passage. (Ayes 38. Noes 35. Page 5218.). [AB2757 Detail]

Download: California-2015-AB2757-Amended.html

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BILL NUMBER: AB 2757	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 30, 2016

INTRODUCED BY   Assembly Members Gonzalez, Bonta,  Cristina
Garcia,   Cristina Garcia,  and Roger Hernández
   (Principal coauthor: Senator Hall)
   (Coauthors: Assembly Members  Burke,  Calderon, Campos,
Chiu, Chu, Gipson, Jones-Sawyer, Lopez, McCarty, Medina, Santiago,
 Mark Stone,   Mark Stone,  Thurmond, and
Ting)
   (Coauthors: Senators Beall, Block, Hancock, Lara, Leno, Liu, and
Mitchell)

                        FEBRUARY 19, 2016

   An act to amend Section 554 of, and to add Chapter 6 (commencing
with Section 857) to Part 2 of Division 2 of, the Labor Code,
relating to employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2757, as amended, Gonzalez. Agricultural  Workers:
  workers:  wages, hours, and working conditions.
   Existing law sets wage, hour, meal break requirements, and other
working conditions for employees and requires an employer to pay
overtime wages as specified to an employee who works in excess of a
workday or workweek, as defined, and imposes criminal penalties for
the violation of these requirements. Existing law exempts
agricultural employees from these requirements.  Under existing
law, the function of the Department of Industrial Relations is to,
among other things, foster, promote, and develop the welfare of the
wage earners of California, to improve their working conditions, and
to advance their opportunities for profitable employment. 
   This bill would remove the exemption for agricultural employees
regarding hours, meal breaks, and other working conditions, including
specified wage  requirements   requirements,
 and would create a schedule that would  phase-in
  phase in  overtime requirements for agricultural
workers, as defined, over the course of 4 years, from 2017 to 2020,
inclusive.  Beginning January 1, 2020, the bill would require any
work performed by a person, employed in an agricultural occupation,
in excess of 12 hours in one day to be compensated at the rate of no
less than twice the employee's regular rate of pay. The bill would
require the   Department of Industrial Relations to update a
  specified wage order for consistency with these
provisions. 
   The bill would create a state-mandated local program by including
agricultural employees as a class of employees protected by criminal
penalties under existing law.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 554 of the Labor Code is amended to read:
   554.  (a) Sections 551 and 552 do not apply to cases of emergency
or to work performed in the protection of life or property from loss
or destruction, or to any common carrier engaged in or connected with
the movement of trains. Nothing in this chapter shall be construed
to prevent an accumulation of days of rest when the nature of the
employment reasonably requires that the employee work seven or more
consecutive days, if in each calendar month the employee receives
days of rest equivalent to one day's rest in seven. The requirement
respecting the equivalent of one day's rest in seven shall apply,
notwithstanding the other provisions of this chapter relating to
collective bargaining agreements, where the employer and a labor
organization representing employees of the employer have entered into
a valid collective bargaining agreement respecting the hours of work
of the employees, unless the agreement expressly provides otherwise.

   (b) In addition to the exceptions specified in subdivision (a),
the Chief of the Division of Labor Standards Enforcement may, when in
his or her judgment hardship will result, exempt any employer or
employees from the provisions of Sections 551 and 552.
  SEC. 2.  Chapter 6 (commencing with Section 857) is added to Part 2
of Division 2 of the Labor Code, to read:
      CHAPTER 6.  AGRICULTURE


   857.  This chapter shall be known and may be cited as the Phase-In
Overtime for Agricultural Workers Act of 2016.
   858.  The Legislature finds and declares all of the following:
   (a) Agricultural employees engage in back-breaking work every day.

   (b) Few occupations in today's America are as physically demanding
and exhausting as agricultural work.
   (c) In 1938, the United States Congress enacted the federal Fair
Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), which
excluded agricultural workers from wage protections and overtime
compensation requirements.
   (d) It is the intent of the Legislature to enact the Phase-In
Overtime for Agricultural Workers Act of 2016 to provide any person
employed in an agricultural occupation in California, as defined in
Order No. 14-2001 of the Industrial Welfare Commission (revised
07-2014) with an opportunity to earn overtime compensation under the
same standards as millions of other Californians.
   859.  For purposes of this chapter, "employed in an agricultural
occupation" has the same meaning as in Order No.14-2001 of the
Industrial Welfare Commission (revised 07-2014).
   860.  Notwithstanding any other provision of law, including
Chapter 1 (commencing with Section 500):
   (a) Commencing July 1, 2017, any person employed in an
agricultural occupation shall not be employed more than nine and
one-half hours in any one workday or work in excess of 55 hours in
any one workweek, unless the employee receives one and one-half times
 such   that  employee's regular rate of
pay for all hours worked over nine and one-half hours in any 
workday.   workday or over 55 hours in any workweek.

   (b) Commencing January 1, 2018, any person employed in an
agricultural occupation shall not be employed more than nine hours in
any one workday or work in excess of 50 hours in any one workweek,
unless the employee receives one and one-half times such
  that  employee's regular rate of pay for all
hours worked over nine hours in any  workday.  
workday or over 50 hours in any workweek. 
   (c) Commencing January 1, 2019, any person employed in an
agricultural occupation shall not be employed more than eight and
one-half hours in any one workday or work in excess of 45 hours in
any one workweek, unless the employee receives one and one-half times
 such   that  employee's regular rate of
pay for all hours worked over eight and one-half hours in any
 workday.   workday or over 45 hours in any
workweek. 
   (d) Commencing January 1, 2020, any person employed in an
agricultural occupation shall not be employed more than eight hours
in any one workday or work in excess of 40 hours in any one workweek,
unless the employee receives one and one-half times  such
  that  employee's regular rate of pay for all
hours worked over eight hours in any  workday.  
workday or over 40 hours in any workweek. 
   861.  Except as set forth in Section  860,  
860 and subdivision (a) of Section 862,  all other provisions of
Chapter 1 (commencing with Section 500) regarding compensation for
overtime work shall apply to workers in an agricultural occupation
commencing January 1, 2017. 
   862.  (a) Beginning January 1, 2020, and consistent with Section
510, any work performed by a person, employed in an agricultural
occupation, in excess of 12 hours in one day shall be compensated at
the rate of no less than twice the employee's regular rate of pay.
   (b) Consistent with Section 861, notwithstanding subdivision (a),
the other provisions of Section 510 shall be applicable to workers in
an agricultural occupation commencing January 1, 2017.  
   863.  The Department of Industrial Relations shall update Wage
Order No. 14-2001 to be consistent with this chapter. 
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.