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December 7, 2016

Agricultural Overtime Implementation Update

The passage of AB 1066 has generated numerous questions about how the legislation’s provisions will be interpreted and implemented by the California Department of Industrial Relations (DIR) and the California Labor Commissioner.

Western Growers has been working in close conjunction with other industry organizations to identify ambiguous language in the statute requiring clarification by state regulators and, if needed, pursue legislation that clarifies the statute. Because AB 1066 was poorly drafted and not well-understood by legislators, there are questions concerning the legislation’s impact upon the existing statutory seventh day of rest exception and the existing overtime exemptions (irrigators et al.) that are provided for in the existing wage order governing agriculture.

An inquiry has been submitted to the Secretary of the California Labor and Workforce Development Agency which oversees DIR to solicit their feedback on these critical issues and the process that they intend to utilize to update Wage Order No. 14-2001 in order to implement the provisions of AB 1066.

Western Growers will remain actively engaged in this ongoing process and will proactively seek administrative and legislative remedies that provide both clarity and protection against the potential unintended consequences posed by implementation of AB 1066.

For questions, please contact Matthew Allen at (916) 446-1435 x 7332.