Long Summer Days? Keep an Eye on Overtime Regulations
Western United Dairies Staff
As we head into the longer days that accompany the summer months, it is important to ensure you are in compliance with overtime hours. Since the onset of 2022 small agricultural employers (25 or fewer employees) are subject to a maximum hour per workweek at a regular rate. Small agricultural employers must pay a minimum wage of $14 per hour. Additionally, these employees are entitled to receive the overtime premium (1 1/2) times the employee’s regular rate of pay for all hours worked in excess of 9.5 hours/ workday or 55 hoursper workweek. Employees of small agricultural employers are still entitled to double time pay only for those hours worked over 8 hours on the 7th day of work in the same workweek.
Large agricultural employers (26+ employees) must now pay a minimum wage of $15 per hour. Additionally, these employees are entitled to receive an overtime premium of (1 1/2) times the employee’s regular rate of pay for all hours worked in excess of 8 hours /workday or 40 hours per workweek. Large agricultural employers must now also pay double time for all hours worked over 12 hours in any one workday.
California’s Family Rights Act (CFRA) also expanded coverage in 2021. Prior to January 1, 2021 CFRA applied only to employers of 50 or more employees. On January 1, 2021, SB 1383 went into effect and expanded CFRA to apply to all employers with 5 or more employees, and also expanded the definition of a “family member” covered under the CFRA to include grandparents, grandchildren, siblings, or domestic partners with a serious health condition. Starting January 1, 2022, California’s definition of “family member” has expanded further to include “parents-in-law.”
These protections apply to all employees who (1) work for an employer with 5 or more employees; (2) have worked for the employer for at least 12 months cumulatively; and (3) have worked at least 1,250 hours within the immediately preceding 12-month period.
If you need any assistance with overtime changes, the CFRA, or additional labor issues please reach our to your WUD Field Representative.