California Assembly Sends AB 1066 Overtime Bill to Governor
By Patrick Cavanaugh Farm News Director
The California Assembly voted 44 to 32, yesterday, August 29, in favor of a bill that would make California the first in the country to give farmworkers overtime pay after working 8 hours per day or 40 hours per week instead of current law that mandates agriculture workers earn overtime after 10 hours per day or 60 hours per week.
Because farmworkers are unable to work some days due to weather or harvest schedules, they have historically preferred to work as many hours as possible on any given day. Now farmers may be forced to restrict employees from working more than 8 hours per day to avoid the costly overtime payroll, which would severely hurt their financial bottom line.
The bill, which has already cleared the State Senate, now moves on to Governor Jerry Brown, who has until September 31st to sign or veto the bill.
George Radanovich, president of the Fresno-based California Fresh Fruit Association (CFFA) that represents many farmers who rely on hand labor, stated, “It’s a clear example of people who live on black top and cement and who never talk to people in the vineyards or in the fields. They think they are helping the farmworker, and they are not. They’re making it harder for the farmworker and for the farmer,” said Radanovich.
Roger Isom, president of the Western Agricultural Processors Association (WAPA) and the California Cotton Ginners and Growers Association (CCGGA), said AB 1066 just places additional burdens on the farmer. “When you combine this Ag overtime legislation with the minimum wage increase and all of the other labor issues—the workers comp costs that are imposed on growers—it makes us noncompetitive,” Isom said. “On top of that you add the regulatory costs from the different issues like the truck rule; we can’t compete.”
“There isn’t anybody out there who wouldn’t want to pay the workers more than what they’re getting today, or even that overtime,” said Isom. “But consider that California is one of only 5 states that even pays overtime, and none of them pay it after only 10 hours. We already had the most stringent overtime regulations for farmworkers in the country before it was ever adopted. Now, we’ve made it worse; we are going to have the highest minimum wage of any farm state out there, so how do we compete?”
Isom commented, “This last week, U.S. Secretary of Agriculture Tom Vilsack was actually calling Assembly members in the State, urging them to support this bill. We were outraged,” Isom said. “When he was Governor of the State of Iowa, his own state had the lowest Ag wages and has no Ag overtime. The majority of our states, 45 states, have no overtime. You could work 16 hours, 20 hours, and not be paid any overtime.”
Isom noted that supporters of AB 1066 are very shortsighted. He predicts the law will only reduce the number of available working hours available for farm employees and thus decrease their earnings. Isom hopes Governor Brown will see this bill as an added negative impact tied to the recently passed increases to California’s minimum wage.
Agriculture leaders are calling for all concerned to put pressure on Governor Brown to veto AB 1066 by Emailing or phoning constantly.
Governor Jerry Brown
c/o State Capitol, Suite 1173
Sacramento, CA 95814
Phone: (916) 445-2841
Fax: (916) 558-3160
(Featured photo: Roger Isom, president of Western Ag Processors Association and the California Cotton Ginners Association)