California Agriculture Concerned Over PG&E Increases, Overtime Rules
By Mikenzi Meyers, Associate Editor
Water, labor, and air quality issues in California keep growers’ plates full of challenges, but with probable PG&E rate increases in the future, it seems they can’t catch a break. Roger Isom, President and CEO of the Western Agriculture Processors Association and California Cotton Ginners and Growers Association, is among those wondering how the industry is going to compete.
“We’ve been paying for a lot of those safety upgrades. What happened? I mean, we’ve got to let the investigation take place, but to saddle rate payers with that amount of money, we just can’t do it,” Isom said of the threat of rate increases.
At the same time, the industry is still battling the effects of the Brown administration’s ruling on overtime.
“There are farm workers in 45 states that could work 20 hours a day, seven days a week, and never trigger overtime. We have to compete with that, and that’s just unacceptable,” Isom said.
Isom is optimistic about new appointments in California administration, though.
“You’ve got Jared Blumenfeld, who’s the new CalEPA Secretary. He was actually extremely helpful over there when we were working on incentives for replacing pumps and tractors,” Isom explained.
Isom also gave credits to Wade Crowfoot, who was on the previous administration and helped with port shutdowns.
“He’s going to hit up resources, which obviously with the water situation is a very critical agency for us. Seeing somebody over there that could be helpful is important,” he said.
By Patrick Cavanaugh, Farm News Director and Brian German, Associate Broadcaster
California ag leaders hoped that Governor Brown would see how the AB 1066 overtime bill would actually hurt farmworkers and veto it. Now that the Governor has signed it, the following ag leaders weigh in on AB 1066 consequences: Norm Groot, executive director of the Monterey County Farm Bureau; Bryan Van Groningen, field manager for Van Groningen & Sons Farms; and Anthony Raimondo, a Fresno-based attorney who has been representing farmers and farm labor contractors for over 15 years, among them.
Norm Groot anticipated, “The end result of AB 1066 is a big move to mechanized harvesting, which probably means a change in some of the crops that we’re growing here simply because currently we can’t harvest lettuce or strawberries or some of the other vegetable crops by mechanized means. Lawmakers are forcing the hand of the growers to move into crops that are less labor intensive and thus, save the [labor] cost,” said Groot.
Groot noted the inaccurate AB 1066 assumption—that an increase in overtime hours and pay will result from its passage. “We will probably see their hours cut back to the eight hours a day and forty hours per week,” he explained, as stipulated in the law. “Growers will adjust their planning schedules to the amount of laborers that they think they have available for harvest. It’s not an automatic given that we’re going to see all these paychecks increase, simply because we’re putting overtime at more than eight hours a day or after forty hours a week,” Groot said.
Groot added that farmworkers are not in favor of losing 33% of their income at this point. “I think overall, the unions have been supportive of this particular change, but the unions do not represent the majority of the laborers or field workers at this point,” he said.
“I think if you were to ask the average field worker whether he wants to work ten hours a day and sixty hours a week, he would probably say yes. Field workers want that income. They know they work in a seasonal business; they have to earn their income when they can,” he explained.
Bryan Van Groningen
“Our farmworkers, our employees, love to put in the extra hours because this is the time that they’re making wages. Our company is accustomed to paying overtime if that’s what it requires,” said Van Groningen, “and the majority of our workers are already satisfied with the existing compensation structure.”
But Van Groningen noted the problem lies in what is considered overtime. With a shorter workday, overtime compensation rates will kick in much earlier than in the past, which will end up being a tremendous cost to the employer. “That’s going to cause our farm to mechanize a little bit more to try to get through the harvest more bit quickly because [the cost] is going to become too big of a burden,” he said.
Growers want to help their employees as best they can, but Van Groningen predicts reduced hours may become a necessity. “It’s just smart business. We don’t want to cut hours, but if we’re forced to because our bottom line is starting to become an issue, that’s what we’ll have to seriously consider,” he said.
Anthony Raimondo foresaw the effects of AB 1066 could put California at a disadvantage in the global marketplace. “At the very least,” Raimondo said, “employers will be forced to evaluate where they can cut production costs.”
“The increased overtime in some industries is going to drive automation,” said Raimondo. “So you are going to lose jobs because now it’s worth it for people to do the research and development to have more automation, more machine-harvested crops and less labor.”
Raimondo also expects some employers to add more H-2A temporary agricultural guest workers to make sure hours stay low enough to prevent their costs from increasing. “In the end, this is really going to cost farmworkers in terms of their real wages and it creates a massive economic disadvantage for California’s agricultural industry,” he said.
Policies like AB 1066 become increasingly problematic as the global agricultural industry continues to become more competitive. “Increasingly, agriculture has become a global marketplace in which we compete against countries that do not maintain the same labor standards nor the same environmental standards that we maintain, so our agricultural industry continues to remain at an economic disadvantage with the rest of the world,” noted Raimondo.
Featured photo: Norm Groot, Monterey County Farm Bureau executive director
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-basedCalifornia 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.
“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 AgricultureTom 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)