California Lawmaker Proposes Reversal on Overtime to Farm Workers
Labor concerns continue to unravel on farms across the U.S. From rising minimum wages to labor availability, to overtime laws being introduced across more and more states, labor has been a top concern for dairy farmers, as it is one of their top expenses.
Recently Assemblyman James Gallagher (R-Yuba City) proposed a bill to pull back current overtime rules and mandate overtime for farmworkers working more than nine hours in a day or 50 hours in a week. Gallagher argues that the 2016 law did not account for the “realities” of the agriculture industry and is hurting both farmers and their employees.
“Let’s put a pause on this law and relook at what would be a better way to ensure that we are benefiting farm workers and also the family farms that provide food for the world and provide jobs in agriculture,” Gallagher says.
California began phasing in overtime for agricultural workers in 2019. In 2022, the Golden State began requiring that any ag employees working more than 8 hours a day or more than 40 hours a week receive overtime compensation.
“Our minimum wage is $15, and we've got employees that are saying, ‘Hey, I've got to make more money,’” California dairy producer, Melvin Medeiros in Layton says.
The California dairy producer says the quality of labor is tough and he doesn’t have a magic wand to fix it.
“I do know when legislation gets involved, it turns it into a mess. We're in that mess now and trying to figure it out and how do we invest in this farm to make it more efficient and cut back on labor,” he asks.
With legislature dominated by Democrats, Gallagher’s bill has a slim chance to make any headway.
A 2023 study concluded California farmworkers earned less money as overtime reform efforts were phased in. Relying on worker-reported federal data, the research found that farmworkers in the Golden State worked 15,000 to 45,000 fewer hours in 2019 and 2020 while making $6 million to $9 million less per week than they would have if the farming industry had continued to enjoy an overtime exemption.
Dairy producer Ryan Junio of Four J Jerseys in Pixley says they have always taken the stance to pay overtime on staff as opposed to bringing more employees onto payroll to cut overtime from the others.
“Carrying extra staff to avoid overtime creates more exposure and liability on several fronts,” he says. “So, we just assume pay our employees that have been with us the overtime.”
Dairy Herd Management will continue to follow this legislation update.
