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Farmer workers at Vessey & Company's Lover of Love event, January 2017
IVVGA was founded based on labor issues. Today labor is the #1 cost of the production of our food. Our farm labor force is a part of our team and family. As the California legislation continues to increase the cost of labor through new minimum wages and various regulations, the vast majority of those costs are absorbed by the grower. The grower does not set the price of the food sold in the grocery store.
In 2015 and 2016 the California Legislature enacted significant changes to the wages and overtime rules for farm labor workers.. The following chart is provided to assist our growers in step up in wages and step down in the number of hours a farm labor worker can provide prior to overtime in a day/week.
As of January 6, 2017, the California Department of Industrial Relations has not written the regulations to support the changes enacted in AB 1066. We believe that until such time that those regulations are defined, that irrigators could continue to be employed for the number of hours as allowed in 2016. We do understand that effective January 1, 2019, these irrigators will be subject the hours as reflected in the chart However, WGA has advised that the all employees are no longer exempt for a seventh consecutive day of work, even at double time pay.
The overtime is applicable to the following under the Industrial Welfare Commission Order No. 14-2100 regulating Agricultural, Hours and Working Conditions effective January 1, 2002.
(1) The preparation, care, and treatment of farm land, pipeline, or ditches, including leveling for agricultural purposes, plowing, discing, and fertilizing the soil;
(2) The sowing and planting of any agricultural or horticultural commodity;
(3) 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, or tying, fumigating, spraying, and dusting;
(4) 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;
(5) The assembly and storage of any agricultural or horticultural commodity, including but not limited to, loading, road siding, banking, stacking, binding, and piling;
(6) 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;
(7) The harvesting of fish, as defined by Section 45 of the Fish and Game Code, for commercial sale;
(8) The conservation, improvement or maintenance of such farm and its tools and equipment.
(E) ―Employee means any person employed by an employer.
(F) ―Employer means any person as defined in Section 18 of the Labor Code, who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours, or working conditions of any person.
(G) ―Hours worked means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.
(H) ―Minor means, for the purpose of this order, any person under the age of 18 years.
(I) ―Non-sheepherding work means any work except the work defined in Section 2(N) below.
(J) ―Open range sheepherding means, generally, sheepherding on land that is not cultivated, but produces native forage (―browse or herbaceous food that is available to livestock or game animals) for animal consumption, and includes land that is re-vegetated naturally or artificially to provide forage cover that is managed like range vegetation. The range may be on private, federal, or state land. Typically, the land is not only non-cultivated, but not suitable for cultivation because it is rocky, thin, semiarid, or otherwise poor. Also, many acres of range land are required to graze one animal unit (five sheep) for one month. By its very nature, open range sheepherding is conducted over wide expanses of land, such as thousands of acres.
(K) ―Outside salesperson means any person, 18 years of age or over, who customarily and regularly works more than half the working time away from the employer’s place of business selling tangible or intangible items or obtaining orders or contracts for products, services or use of facilities.
(L) ―Piece rate basis is a method of payment based on units of production or a fraction thereof.