A draft update to Wage Order 14 awaiting final approval provides much needed clarity on the irrigator exemption and other aspects of AB 1066.
As we reported here and here, AB 1066 amended the California Labor Code regarding compensation for overtime for workers in an agricultural occupation. Pursuant to AB 1066 Department of Industrial Relations (DIR) has submitted a proposed update of Industrial Welfare Commission (IWC) Wage Order No. 14-2001 to the Office of Administrative Law (OAL), which has until January 8, 2019 to respond to the proposed update.
The proposed draft revised wage order can be found here.
As anticipated, the proposed draft eliminates the overtime exemption for irrigators for large employers (26 or more employees) beginning January 1, 2019, and for small employers beginning January 1, 2022.
The draft revised wage order also makes clear that an employer and ag employee may mutually agree to waive the employee’s second meal period if the total hours worked is 12 hours or less and if the first meal period was not waived. The second meal period may not be waived if the total hours worked in a day is more than 12 hours.
While the revised wage order must still receive final approval by OAL, which is anticipated, employers can expect the Labor Commissioner to enforce the new rules that are slated to go into effect January 1, 2019.
For more information contact Jason Resnick at (949) 885-2253