CAWG Gears Up to Fight New Overtime Bill

Following Defeat of Overtime Bill AB 2757, CAWG Gears up to Fight New Overtime Bill AB 1066

By Laurie Greene, Editor

 

California Assembly Bill 2757, which called to end the 10-hour workday for farm laborers (by enforcing overtime) and to illuminate extra work time opportunities, was voted down in June 2016, but a new version of the bill, AB 1066, is back on the drawing table.

 

Brad Goehringtreasurer of the California Association of Winegrape Growers (CAWG) Board of Directors and current chair of the CAWG State Government Affairs Committee, spoke about the process of fighting back on this bill. “We already beat it and we had a major victory in the California State Assembly earlier in the year. The author of the bill didn’t like that result, and it is all union-backed and backed by taxpayer groups like California Rural Legal Association, Inc. (CRLA),” Goehring said.

 

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“But the pressure is back,” said Goehring, also a fourthgeneration winegrape grower and owner of Goehring Vineyards, in Clements, near Lodi. “They did a dirty gut and amend bill¹, which is a slide of hand and basically reintroduces the bill again under a different bill number. This time it’s going to start in the Senate and we’re expecting a tough battle; but we’ve got a very organized coalition of Ag associations and we’re going to put the same energy into fighting this that we did before,” explained Goehring.

 

“It was a bloody fight in the Assembly,” noted Goehring. “But still, we’re optimistic as there are plenty of no votes from the party that wanted this to go through that we think it will be hard for the governor to sign even if [the bill] makes that far.

 

Goehring maintained, “The key is to educate legislators that the bill would hurt farmworkers because it would force farmers to minimize work hours to prevent overtime payroll. In fact, farmworkers are pushing for this second bill to fail.”

 

“Where the lack of understanding lies is the clear line between the urban legislators and the rural legislators,” Goehring commented. “The urban legislators, ironically, are the ones who already hav $15 minimum wage laws in their towns—San Diego, San Jose, Los Angeles, and San Francisco. These legislators are trying to cram it down our throats and our lives here in the rural areas. We’re not having any real hard times getting to agreement with either party, if they are in the rural areas. It’s the urban ones that are doing all the damage.”

 

“We’ve had these legislators out to our farms. We’ve walked away and let them talk openly with our employees, and our employees have told them they don’t want it,” Goehring said. “Our employees have told them that they want to make an honest living. They want to teach their kids how to do the same thing. Our employees have taken it one step further; we overheard them telling the legislators they are not even in favor of any of the entitlement programs because that’s not the way to make an honest living that they want for their kids.”

 

“With all that said,” Goehring concluded, “the urban legislators are turning their backs on and ignoring our employees. This is all about unions and CRLA. They don’t care about the employees—is basically what they’re saying,” noted Goehring.

 


¹GUT AND AMEND is when amendments to a bill remove the current contents in their entirety and replace them with different provisions. (Source:  California State Legislature Glossary of Legislative Terms).

Call for Action to Oppose Overtime Bill AB 1066

Overtime Bill AB 1066 Needs Immediate Opposition

By Laurie Greene, Editor

California Assembly Bill (AB) 1066 to change overtime requirements for agricultural workers is returning as a “gut and amend”* measure scheduled for a hearing in the Senate Labor and Industrial Relations Committee on June 29, 2016. Emily Rooney, president of the Agricultural Council of California (Ag Council), is urging the agricultural industry to tell the State Senate TODAY how this bill would hurt farmworker wages.

California Senate SealCalifornia already requires agricultural employers to provide overtime pay to farmworkers after they work 10 hours in one day and 60 hours in one week, which recognizes the flexibility that farmers and employees need given the variable nature of farming and seasonal labor. Authored by Assemblywoman Lorena Gonzalez (D-San Diego), AB 1066, phases in a new overtime wage law requiring California farmers to pay agricultural workers overtime after eight hours in one day or 40 hours in one week by the year 2022.

Rooney says AB 1066 adds an unnecessary regulatory burden on the agricultural industry, and, combined with the recently passed $15 minimum wage law, makes it difficult for farmers in the state to remain competitive. “We do need six democrats to vote with us to oppose the bill, which will be a challenge,” said Rooney. “The Senate is left of center, at least compared to the Assembly, but we are working very hard to secure those votes and just hope that the bill doesn’t get back to the Assembly.”

Rooney said the Assembly killed a similar bill earlier this month. “It is very disappointing that the bill has been repackaged and presented to the Senate as a gut and amend bill, AB 1066,” she said. “The new bill was basically reintroduced less than two weeks after we defeated it in the Assembly.”

agricultural-council-of-california-logo140Rooney stressed the importance that the Senate not approve AB 1066, because should the Senate approve it, the bill would go back to the Assembly because both houses are needed to pass the bill. “And while the earlier bill failed in the Assembly, we are not sure that it would fail again,” she said.

There are Assembly legislators who voted against it before, who are willing to vote against it again, said Rooney, “but the timing of it is really unfortunate. We expect that while the legislators are on summer recess in July, they may have time to build up support for the bill. It’s the end of session, and we have a number of challenges to defeat the bill; but we are hopeful that if the California Senate does not defeat it, the Assembly will,” said Rooney.


Rooney suggested those who oppose AB 1066 go to the post, “Oppose Gut & Amend Legislation to Change Ag Overtime Wage Requirements” on the Ag Council Action Center webpage“to easily send an opposition letter to their state legislator.


*GUT AND AMEND, according to the California State Legislature Glossary of Legislative Terms describes when amendments to a bill remove the current contents in their entirety and replace them with different provisions.


Featured Photo:   Emily Rooney, president Agricultural Council of California