§ 11140. Order Regulating Wages, Hours, and Working Conditions in Agricultural Occupations.
8 CA ADC § 11140Barclays Official California Code of RegulationsEffective: January 2, 2024
Effective: January 2, 2024
8 CCR § 11140
§ 11140. Order Regulating Wages, Hours, and Working Conditions in Agricultural Occupations.
(Order No. 14-2001, Effective 1-1-2002, as amended. Sections 4(A), 4(E) and 10(C) amended and republished by the Department of Industrial Relations, effective January 1, 2019, pursuant to SB 3, Chapter 4, Statutes of 2016 and section 1182.13 of the Labor Code. Sections 1(F), 1(G), 3(A), 3(B), 3(C), 3(E) and 11 amended and republished effective January 1, 2017, pursuant to AB 1066, Chapter 313, Statutes of 2016 and section 864 of the Labor Code Section 6 amended and republished pursuant to SB 639, Chapter 339, Statutes of 2021.)
TAKE NOTICE: To employers and representatives of persons working in industries and occupations in the State of California: The Department of Industrial Relations amends and republishes the minimum wage and meals and lodging credits in the Industrial Welfare Commission's Orders as a result of legislation enacted (SB 3, Ch. 4, Stats of 2016, amending section 1182.12 of the Labor Code, and AB 1835, Ch. 230, Stats of 2006, adding sections 1182.12 and 1182.13 to the Labor Code). The Department of Industrial Relations also updated this Industrial Welfare Commission Order pursuant to legislation enacted (AB 1066, Ch. 313, Stats of 2016, adding sections 857 through 864 to the Labor Code, SB 639, Ch. 339, Statutes of 2021, amending sections 1191 and 1191.5 of the Labor Code, AB 156, Ch. 569, Stats of 2022, amending sections 2695.1 and 2695.2, and adding sections 2695.3 and 2695.4. to the Labor Code, and SB 143 (Ch. 196, Stats. 2023) further amending Labor Code sections 2695.3 and 2695.4 of the Labor Code). The updates, amendments and republishing make no other changes to this order.
Employers and representatives of persons working in the industry and occupations to which this order applies should note that, except as set forth in Labor Code Section 860 and subdivision (a) of Labor Code Section 862, which are reflected in Section 3 of this order, all other provisions of Division 2, Part 2, Chapter 1 of the Labor Code (commencing with Section 500) regarding compensation for overtime work shall apply to workers in an agricultural occupation commencing January 1, 2017. (See Labor Code Section 861.) Where this order is inconsistent with Division 2, Part 2, Chapter 6 of the Labor Code (the Phase-In Overtime for Agricultural Workers Act of 2016, which incorporates Chapter 1 as stated), Chapter 6 of the Labor Code governs, including the applicable effective dates, unless this order provides greater protections or benefits to agricultural employees. (See Labor Code Section 864.)
This order shall apply to all persons employed in an agricultural occupation whether paid on a time, piece rate, commission, or other basis, except that:
(A) No provision of this order shall apply to any employee who is engaged in work which is primarily intellectual, managerial, or creative, and which requires exercise of discretion and independent judgment, and for which the remuneration is not less than two (2) times the monthly state minimum wage for full-time employment.
(C) Section 5 of this order shall not apply to any employer who employs fewer than five (5) persons covered by this order. If at any one time during a calendar year an employer has five (5) or more employees covered by this order, every provision of this order, including Section 5, Reporting Time Pay, shall apply to that employer throughout that calendar year.
(F) Sections 4(A)-(D), 5, 6, 9(A), and 11(B), of this order shall not apply to an employee engaged to work as a “sheepherder or, effective September 27, 2022, engaged to work as a “goat herder”,” as that occupation is defined in Section 2(N). Section 3(A)(2) shall apply to a sheepherder or “goat herder” employed by a large employer (more than 25 employees) beginning January 1, 2019, and Section 3(A)(3) shall apply to a sheepherder or goat herder employed by a small employer (25 or fewer employees) beginning January 1, 2022. Otherwise, this order, including Section 4(A), shall apply to any workweek during which a sheepherder or goat herder employee is engaged in any non-sheepherding or non-goat herding agricultural or other work.
(G) Section 3 of this order shall not apply to an employee licensed pursuant to Article 3 (commencing with Section 7850) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code who serves as a crew member on a commercial fishing vessel. Section 3(A)(2) shall apply to a licensed crew member employed by a large employer (more than 25 employees) beginning January 1, 2019, and Section 3(A)(3) shall apply to a licensed crew member employed by a small employer (25 or fewer employees) beginning January 1, 2022.
(H) The provisions of this order that only refer to goat herders, effective September 27, 2022, shall expire on July 1, 2026, and goat herders will be afterward protected under the general provisions of this order unless the Legislature amends Labor Code sections 2695.3 and 2695.4 to extend special provisions for goat herders.
(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;
(J) “Open range sheepherding” or “open range goat herding” means, generally, sheepherding or goat herding 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 or goats) for one month. By its very nature, open range sheepherding or goat herding is conducted over wide expanses of land, such as thousands of acres.
(a) Starting January 1, 2019, an employee shall not be employed more than nine and one-half (9 ½ ) hours per workday or fifty-five (55) hours per workweek unless the employee receives one and one-half (1 ½ ) times such employee's regular rate of pay for all hours worked over nine and one-half (9 ½ ) hours in any one workday or more than fifty-five (55) hours in any one workweek.
(b) Starting January 1, 2020, an employee shall not be employed more than nine (9) hours per workday or fifty (50) hours per workweek unless the employee receives one and one-half (1 ½ ) times such employee's regular rate of pay for all hours worked over nine (9) hours in any one workday or more than fifty (50) hours in any one workweek.
(c) Starting January 1, 2021, an employee shall not be employed more than eight and one-half (8 ½ ) hours per workday or forty-five (45) hours per workweek unless the employee receives one and one-half (1 ½ ) times such employee's regular rate of pay for all hours worked over eight and one-half (8 ½ ) hours in any one workday or more than forty-five (45) hours in any one workweek.
(d) Starting January 1, 2022, an employee shall not be employed more than eight (8) hours per workday or work in excess of forty (40) hours per workweek unless the employee receives one and one-half (1 ½ ) times such employee's regular rate of pay for all hours worked over eight (8) hours in any workday or more than forty (40) hours in any workweek and double the employee's regular rate of pay for all hours worked over twelve (12) hours in any one workday.
(See Labor Code Sections 1391 and 1394)
(VIOLATIONS OF CHILD LABOR LAWS are subject to civil penalties of from $500 to $10,000 as well as to criminal penalties provided herein. Refer to Labor Code Sections 1285 to 1312 and 1390 to 1399 for additional restrictions on the employment of minors. Employers should ask school districts about required work permits.)
(B) All employees covered under this order shall not be employed on the seventh (7th) consecutive day of a workweek unless the employee receives one and one-half (1 ½ ) times such employee's regular rate of pay for the first eight (8) hours on the seventh (7th) consecutive day of work and double the employee's regular rate of pay for each hour worked over eight (8) on the seventh (7th) consecutive day of work in the workweek.
(C) The provisions of subsection (A) above shall not apply to an employee covered by this order during any week in which more than half of such employee's working time is devoted to performing the duties of an irrigator. Subsection 3(A)(1) shall apply to such an employee employed by a large employer (more than 25 employees) beginning January 1, 2019, and subsection 3(A)(2) shall apply to such an employee employed by a small employer (25 or fewer employees) beginning January 1, 2022.
(E) This section shall not apply to any employee covered by a valid collective bargaining agreement if said agreement expressly provides for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than thirty percent (30%) more than the state minimum wage.
(See Labor Code Section 514)
Employees treated as employed by a single qualified taxpayer pursuant to Revenue and Taxation Code section 23626 are treated as employees of that single taxpayer. LEARNERS: Employees during their first 160 hours of employment in occupations in which they have no previous similar or related experience, may be paid not less than 85 percent of the minimum wage rounded to the nearest nickel.
Payment of the monthly minimum wage does not relieve an employer of the obligation to compensate for overtime work as required in Section 3 of this order.
(A) Each workday an employee is required to report for work and does report, but is not put to work or is furnished less than half said employee's usual or scheduled day's work, the employee shall be paid for half the usual or scheduled day's work, but in no event for less than two (2) hours nor more than four (4) hours, at the employee's regular rate of pay, which shall not be less than the minimum wage.
(A) An existing license may be renewed by the Division authorizing employment of a person whose earning capacity is impaired by physical disability or mental deficiency at less than the minimum wage pursuant to the requirements in Labor Code section 1191(a). Such licenses shall be granted only upon joint application of an employer and employee and employee's representative if any. This subsection is operative only until January 1, 2025, or until the phase-out plan described in Labor Code section 1191(c) is released, whichever is later.
(B) A special license may be issued to a nonprofit organization such as a sheltered workshop or rehabilitation facility fixing special minimum rates to enable the employment of such persons without requiring individual licenses of such employees. This subsection is operative only until January 1, 2025.
(See Labor Code Sections 1191 and 1191.5)
(B) Employers of sheepherders or goat herders shall keep accurate information with respect to sheepherder or goat herder employees, including an itemized statement showing applicable rates of pay for sheepherding or goat herding and any applicable non-sheepherding or non-goat herding agricultural or other work, all deductions, dates of period for which paid, name and social security number (if any) of employee, and name of employer.
(C) Every employer shall semi-monthly or at the time of each payment of wages furnish each employee, either as a detachable part of the check, draft, or voucher paying the employee's wages, or separately, an itemized statement in writing showing: (1) all deductions; (2) the inclusive dates of the period for which the employee is paid; (3) the name of the employee or the employee's social security number; and (4) the name of the employer, provided all deductions made on written orders of the employee may be aggregated and shown as one item.
(E) All required records shall be in the English language and in ink or other indelible form, properly dated, showing month, day and year, and shall be kept on file by the employer for at least three (3) years at the place of employment or at a central location within the State of California. An employee's records shall be available for inspection by the employee upon reasonable request.
No employer shall make any deduction from the wage or require any reimbursement from an employee for any cash shortage, breakage, or loss of equipment, unless it can be shown that the shortage, breakage, or loss is caused by a dishonest or willful act, or by the gross negligence of the employee.
(A) When uniforms are required by the employer to be worn by the employee as a condition of employment, such uniforms shall be provided and maintained by the employer. The term “uniform” includes wearing apparel and accessories of distinctive design or color. NOTE: This section shall not apply to protective apparel regulated by the Occupational Safety and Health Standards Board.
(B) When tools or equipment are required by the employer or are necessary to the performance of a job, such tools and equipment shall be provided and maintained by the employer, except that an employee whose wages are at least two (2) times the minimum wage provided herein, or for sheepherders or goat herders paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain hand tools and equipment customarily required by the trade or craft. This subsection (B) shall not apply to apprentices regularly indentured under the State Division of Apprenticeship Standards. NOTE: This section shall not apply to protective equipment and safety devices on tools regulated by the Occupational Safety and Health Standards Board.
(C) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of subsections (A) and (B) of this section upon issuance of a receipt to the employee for such deposit. Such deposits shall be made pursuant to Section 400 and following of the Labor Code or an employer with the prior written authorization of the employee may deduct from the employee's last check the cost of an item furnished pursuant to (A) and (B) above in the event said item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the employee upon completion of the job.
EFFECTIVE: | JANUARY 1, 2021 | JANUARY 1, 2022 | January 1, 2023 | January 1, 2024 |
For an employer who employs: | 26 or More Employees | 25 or Fewer Employees | 26 or More Employees | 26 or Fewer Employees | All Employers regardless of number of Employees | All Employers regardless of number of Employees |
LODGING | ||||||
Room occupied alone | $65.83/week | $61.13/week | $70.53/week | $65.83/week | $72.88/week | $75.23/week |
Room shared | $54.34/week | $50.46/week | $58.22 week | $54.34 week | $60.16/week | $62.10/week |
Apartment -- two thirds (2/3) of the ordinary rental value, and in no event more than: | $790.67/month | $734.21/month | $847.12/month | $790.67/month | $875.33/month | $903.60/month |
Where a couple are both employed by the employer, two thirds (2/3) of the ordinary rental value, and in no event more than: | $1169.59/month | $1086.07/month | $1253.10/month | $1169.59/month | $1294.83/month | $1336.65/month |
MEALS | ||||||
Breakfast | $5.06 | $4.70 | $5.42 | $5.06 | $5.60 | $5.78 |
Lunch | $6.97 | $6.47 | $7.47 | $6.97 | $7.72 | $7.97 |
Dinner | $9.35 | $8.68 | $10.02 | $9.35 | $10.35 | $10.68 |
(F) Paragraphs (C), (D), and (E) above shall not apply to sheepherders or goat herders. Every employer shall provide to each sheepherder or goat herder not less than the minimum monthly meal and lodging benefits required to be provided by employers of sheepherders or goat herders employed under the provisions of the H-2A program of the federal Immigration and Nationality Act [8 U.S.C. Section 1101 et seq.], or any successor provisions.
(7) Fixed Site Housing Inspections: housing that is erected for sheepherders or goat herders at fixed locations shall be annually inspected by the State of California Employment Development Department for compliance with Paragraph (F) of this section, unless the employer receives a statement in writing from the Employment Development Department that there are no such inspectors available.
(H) Mobile Housing: When a sheepherder or goat herder is engaged in open range sheepherding or goat herding, the employer shall provide mobile housing that complies with specified standards and inspection requirements prescribed for mobile sheepherder or goat herder housing under either of the following, whichever affords the greater protection or benefit:
Such housing shall be inspected and approved annually by an inspector from the Employment Development Department unless the employer receives a statement in writing from the Employment Development Department that there are no such inspectors available.
(A) An employer may not employ an employee for a work period of more than five (5) hours without providing the employee with a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day's work the meal period may be waived by mutual consent of employer and employee. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an “on duty” meal period and counted as time worked. An “on duty” meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. An employer of a sheepherder or goat herder may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a sheepherder or goat herder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a sheepherder or goat herder shall be allowed to complete the meal period during that day.
(B) An employer may not employ an employee for a work period of more than ten (10) hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.
(See Labor Code Section 512)
Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 ½ ) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages. This section applies to sheepherders and goat herders to the extent practicable.
When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for employees working on or at a machine.
Sheepherders and goat herders shall be provided with all of the following at each work site:
(B) An appropriate means of communication, including but not limited to a radio and/or telephone, which will allow sheepherders and goat herders to communicate with employers, health care providers, an emergency relating to the herding operation, and government regulators. Employers may charge sheepherders or goat herders for all others uses. Nothing in this paragraph shall preclude an employer from providing additional means of communication to the sheepherder or goat herder which are appropriate because telephones or radios are out of range or otherwise inoperable.
If, in the opinion of the Division after due investigation, it is found that the enforcement of any provisions in Section 7, Records; Section 12, Rest Periods; or Section 13, Seats, would not materially affect the welfare or comfort of employees and would work an undue hardship on the employer, exemption may be made at the discretion of the Division. Such exemptions shall be in writing to be effective and may be revoked after reasonable notice is given in writing. Application for exemption shall be made by the employer or by the employee and/or the employee's representative to the Division in writing. A copy of the application is filed with the Division.
(See Labor Code Section 1199)
(C) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates, or causes to be violated, the provisions of Labor Code Sections 2695.2 or 2695.4, including provisions of this order relating to a sheepherder or goat herder, shall be subject to the civil penalty of:
If the application of any provision of this order, or any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this order should be held invalid or unconstitutional or unauthorized or prohibited by statute, the remaining provisions thereof shall not be affected thereby, but shall continue to be given full force and effect as if the part so held invalid or unconstitutional had not been included herein.
Every employer shall keep a copy of this order posted in an area frequented by employees where it may be easily read during the workday. Where the location of work or other conditions make this impractical, every employer shall keep a copy of this order and make it available to every employee upon request. A copy of this order shall be posted and made available in a language understood by the sheepherder or goat herder.
Credits
Note: Authority cited: Sections 864, 1173, 1182.13 and 2695.1, Labor Code; and California Constitution, Article XIV, Section 1. Reference: Sections 858, 859, 860, 861, 862, 864, 1182, 1182.12, 1182.13, 1184, 2695.1, 2695.2, 2695.3 and 2695.4, Labor Code.
History
1. Amendment filed 4-22-88; operative 7-1-88 (Register 88, No. 19).
2. Repealer of subsection 4(4) filed 1-11-89; operative 1-11-89 (Register 89, No. 4).
3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations repealing subsection 8 (last sentence only) filed 4-24-89 (Register 89, No. 17).
4. Editorial correction of printing errors (Register 91, No. 32).
5. Amendment of subsection 4.(A) filed 9-19-96; operative 10-1-96. Submitted to OAL for printing only (Register 96, No. 38).
6. Amendment of subsection 4.(A) filed 1-14-97; operative 3-1-97. Submitted to OAL for printing only (Register 97, No. 3).
7. Amendment of order number and subsection 10.(B) filed 8-5-97; operative 1-1-98. Submitted to OAL for printing only (Register 97, No. 32).
8. Repealer and new section filed 5-1-2002; operative 7-1-2001. Submitted to OAL for printing only pursuant to Labor Code sections 517 and 1185 (Register 2002, No. 18).
9. Change without regulatory effect amending section and Note filed 1-7-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 2).
10. Amendment of paragraphs 4.(E)-4.(E)(2) filed 7-15-2019; operative 7-15-2019. Submitted to OAL for filing and printing only pursuant to Labor Code section 1182.13(d) (Register 2019, No. 29).
11. Change without regulatory effect amending paragraphs 1, 2, 3, 7, 9, 10(F)-(H) and amendments to paragraphs 4 and 10(A)-(C) filed 1-2-2024; operative 1-2-2024. Submitted to OAL for filing and printing only pursuant to Labor Code section 1182.13(d) (Register 2024, No. 1).
This database is current through 8/30/24 Register 2024, No. 35.
Cal. Admin. Code tit. 8, § 11140, 8 CA ADC § 11140
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