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AB-2875 Agricultural workers: wages, hours, and working conditions: definitions.(2017-2018)

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Date Published: 02/16/2018 09:00 PM
AB2875:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2875


Introduced by Assembly Member Mathis

February 16, 2018


An act to amend Section 859 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 2875, as introduced, Mathis. Agricultural workers: wages, hours, and working conditions: definitions.
The Phase-In Overtime for Agricultural Workers Act of 2016 establishes a schedule that phases in overtime requirements for persons employed in an agricultural occupation over the course of 4 years, from 2019 to 2022, inclusive. The act, beginning January 1, 2022, requires that any work performed by a person employed in an agricultural occupation in excess of 12 hours per day be compensated at a rate of no less than twice the employee’s regular rate of pay. The act provides an additional 3 years to comply with these requirements for employers who employ 25 or fewer employees. The act defines the term “employed in an agricultural occupation” for these purposes by reference to a specified order of the Industrial Welfare Commission.
This bill would instead set forth a list of occupations in which a person is deemed to be “employed in an agricultural occupation” for purposes of the act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 859 of the Labor Code is amended to read:

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). means any of the following described occupations:
(a) The preparation, care, and treatment of farmland, pipeline, or ditches, including leveling for agricultural purposes, plowing, discing, and fertilizing the soil.
(b) The sowing and planting of any agricultural or horticultural commodity.
(c) The care of any agricultural or horticultural commodity. As used in this subdivision, “care” includes, but is not limited to, cultivation, irrigation, weed control, thinning, heating, pruning, tying, fumigating, spraying, and dusting.
(d) The harvesting of any agricultural or horticultural commodity, including, but not limited to, picking, cutting, threshing, mowing, knocking off, field chopping, bunching, baling, balling, field packing, and placing in field containers or in the vehicle in which the commodity will be hauled, and transportation on the farm or to a place of first processing or distribution.
(e) The assembly and storage of any agricultural or horticultural commodity, including, but not limited to, loading, road siding, banking, stacking, binding, and piling.
(f) The raising, feeding and management of livestock, fur bearing animals, poultry, fish, mollusks, and insects, including, but not limited to, herding, housing, hatching, milking, shearing, handling eggs, and extracting honey.
(g) The harvesting of fish, as defined by Section 45 of the Fish and Game Code, for commercial sale.
(h) The conservation, improvement, or maintenance of a farm and its tools and equipment.