Governor Brown Signs Legislation to Expand Overtime for Three Groups of Employees

October 10, 2016 by Peter McEntee

Governor Jerry Brown in September signed three union-supported bills to expand overtime protections for farmworkers, private school teachers, and domestic workers.  All three of these new laws will help workers in these important occupations.

Farmworkers

AB 1066, corrects years of injustice and unequal treatment towards farmworkers.  Farmworkers have long received overtime pay only after 10 hours in a day or 60 hours in a week.  This differs from the vast majority of other hourly employees in the state who are entitled to time and a half after 8 hours in a day or 40 hours in a week.  AB 1066 will eliminate this inequity by ultimately requiring overtime for farmworkers after 8 hours in a day or 40 hours in a week.  The increased overtime rights will be phased in over the next 6 years. During this phase-in, farmworkers will be entitled to overtime after 9 ½ hours per day/55 hours per week beginning January, 2019;  after 9 hours per day/50 hours per week beginning January 1, 2020; after 8 ½ hours per day/45 hours per week January 1, 2021; and then full implementation as of January 1, 2022. 

Private School Teachers

Current law provides that private school employees are exempt from overtime requirements as long as they are paid a monthly salary that is equal to at least double the statewide minimum wage.  This has created some calculation problems because the minimum wage often changes on January 1 of each year, not consistent with the school year.  AB 2230 changes the formula for considering the overtime exemption.  Starting July 2017, private school employees will be exempt from overtime pay if they earn the greater of: 1) at least 100% of the lowest salary offered by any school district to an employee that is required to have a teaching credential or 2) the equivalent of no less than 70% of the lowest salary schedule offered by the school district or county in which the private school is located.

Domestic Workers

In 2013, the state enacted the Domestic Worker Bill of Rights which granted overtime to domestic workers after 9 hours in a day or 45 hours in a week.  That bill, however, had a sunset that would end these overtime rights as of January 1, 2017.  SB 1015 eliminates the sunset date, thereby making domestic workers’ overtime rights permanent.

These three bills signed by the Governor are important steps in ensuring that employees are fairly compensated for working overtime hours.

The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.