Legislation that would have mandated paying California’s agricultural workers overtime for work over eight hours in a workday and over 40 hours in a workweek was vetoed by Governor Arnold Schwarzenegger. California’s overtime law generally requires employers to compensate employees for overtime hours worked in excess of 8 hours in a workday or 40 hours in a workweek, but provides for certain specified exemptions, including an exemption for agricultural employees. Senate Bill 1121 proposed to remove that agricultural employee exemption. California Industrial Welfare Commission Wage Order No 14 already requires employers with five or more workers to pay overtime to agricultural workers who work more than 10 hours in a workday or more than six days in a workweek.

The California legislature specifically exempted agricultural workers from the overtime provisions when it enacted the Eight-Hour-Day Restoration and Workplace Flexibility Act in 1999, Schwarzenegger noted, recognizing that the nature of the work is different from other industries in that it is seasonal, subject to the unpredictability of nature, and requires harvesting of perishable goods. He said the measure, “while well-intended, will not improve the lives of California’s agricultural workers and instead will result in additional burdens on California’s businesses, increased unemployment and lower wages.”

“In order to remain competitive against other states that do not have such wage requirements, businesses will simply avoid paying overtime,” the Governor said. “Instead of working 10-hour days, multiple crews will be hired to work shorter shifts, resulting in lower take-home pay for all workers. Businesses trying to compete under the new wage rules may become unprofitable and go out of business, resulting in further damage to our already fragile economy.”

Farm workers have been largely excluded from national labor and protective legislation, including the Fair Labor Standards Act and federal child labor laws, since the 1930s. Senate Bill 1121 passed the state assembly on July 1 by a 478-28 vote. The enrolled bill was sent to the governor on July 20.