The California legislature has passed a bill that seeks to extend overtime
pay protections – such as those contained in the Fair Labor Standards
Act (FLSA) – to state farm workers. If passed, these protections
could serve as a model for other state and federal overtime pay laws.
The California law provides that farm laborers who work more than eight
hours a day or forty hours in any workweek would receive overtime pay.
Currently, farm laborers are only entitled to overtime under California
law if they put in more than 10 hours a day or 60 hours in a week.
A spokesman in favor of the bill stated “”This measure provides
the same protections for farm workers that other employees have long been
Currently certain farm workers are exempt from overtime pay under the FLSA
and as a result, agricultural employers are not required to pay them the
standard one and one half their regular rates of pay for hours worked
in excess of forty per week.
Other minimum wage and overtime provisions applicable to agricultural
• Farm employers aren’t required to pay immediate family members
minimum wage and overtime;
• Employees engaged “on the range” in the production
of livestock are exempt; and • Local hand harvest laborers who commute
daily from their permanent residence are paid on a piece rate basis.
Several other exemptions exist. However, farm employees have additional
rights pursuant to state and federal laws including the Migrant and Seasonal
Agricultural Worker Protection Act.
Hopefully this Bill will be approved by the State of California and more
states, such as Georgia, and the federal government will extend minimum
wage and overtime protections to more agricultural employees.
For more information or to determine if you are receiving the wages and
compensation you deserve, please contact the top Georgia overtime pay
lawyers The Buckley Law Firm, LLC for an immediate consultation.