AB 3056 — Agricultural workers: overtime compensation.
Last action — In committee: Set, first hearing. Failed passage. Reconsideration granted.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2023-2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Summary
Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law, the Phase-In Overtime for Agricultural Workers Act of 2016, imposes a schedule that phases in overtime requirements for agricultural workers each year, over the course of 4 years, from 2019 to 2022, inclusive. Existing law provides employers who employ 25 or fewer employees an additional 3 years to comply with the phasing in of these overtime requirements. In this regard, existing <caml:Numerator>1</caml:Numerator><caml:Denominator>2</caml:Denominator></caml:Fraction> times their regular rate of pay for the hours they worked in excess of certain numbers in a workday or workweek, depending on the year and the size of the employer."?> law, beginning on January 1, 2022, and January 1, 2025, in the case of smaller employers, prohibits any person employed in an agricultural occupation from being employed more than 8 hours in a work day or 40 hours in a work week unless they receive 1 12 times their regular rate of pay for the excess hours they worked. This bill would<caml:Numerator>1</caml:Numerator><caml:Denominator>2</caml:Denominator></caml:Fraction> hours in a workday and from 50 to 45 hours in a workweek. The bill would also delete the provision that, beginning on January 1, 2022, and January 1, 2025, in the case of smaller employers, further decreases those hours to 8 hours in a workday and 40 hours in a workweek."?> increase the number of hours worked in a work week before that overtime rate of pay becomes applicable from 40 to 48 hours in a workweek.
Bill Text
- Amended 04/08/24 - Amended Assembly Current pdf April 08, 2024
- Introduced 02/16/24 - Introduced pdf February 16, 2024
- AB3056 View text html
Action History
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In committee: Set, first hearing. Failed passage. Reconsideration granted.
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Re-referred to Com. on L. & E.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
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Referred to Com. on L. & E.
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From printer. May be heard in committee March 18.
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Read first time. To print.
Sponsors
- James Gallagher · Primary
- Juan Alanis · Cosponsor
- Megan Dahle · Cosponsor
- Greg Wallis · Cosponsor
- Roger W. Niello · Cosponsor
- Kelly Seyarto · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 116 not signed on · 5 voted No
Sponsors (1)
- Gallagher, James Republican
Co-sponsors (5)
- Alanis, Juan Republican
- Dahle, Megan Republican
- Wallis, Greg Republican
- Niello, Roger W. Republican
- Seyarto, Kelly Republican
Not signed on (116)
116 members have not signed on to this bill.
Show all 116 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 2 | 0 | 0 | 0 |
| Democratic | 0 | 4 | 0 | 0 |
| Unaffiliated | 0 | 1 | 0 | 0 |
| Total | 2 | 5 | 0 | 0 |
| % of votes cast | 29% | 71% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Wendy Carrillo | — | Nay |
| Lee, Alex | Democratic | Nay |
| Ortega, Liz | Democratic | Nay |
| Ward, Christopher M. | Democratic | Nay |
| Zbur, Rick Chavez | Democratic | Nay |
| Alanis, Juan | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Wendy Carrillo | — | Yea |
| Lee, Alex | Democratic | Yea |
| Ortega, Liz | Democratic | Yea |
| Ward, Christopher M. | Democratic | Yea |
| Zbur, Rick Chavez | Democratic | Yea |
| Alanis, Juan | Republican | Yea |
| Flora, Heath | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 3056 do?
- Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law, the Phase-In Overtime for Agricultural Workers Act of 2016, imposes a schedule that phases in overtime requirements for agricultural workers each year, over the course of 4 years, from 2019 to 2022, inclusive. Existing law provides employers who employ 25 or fewer employees an additional 3 years to comply with the phasing in of these overtime requirements. In this regard, existing <caml:Numerator>1</caml:Numerator><caml:Denominator>2</caml:Denominator></caml:Fraction> times their regular rate of pay for the hours they worked in excess of certain numbers in a workday or workweek, depending on the year and the size of the employer."?> law, beginning on January 1, 2022, and January 1, 2025, in the case of smaller employers, prohibits any person employed in an agricultural occupation from being employed more than 8 hours in a work day or 40 hours in a work week unless they receive 1 12 times their regular rate of pay for the excess hours they worked. This bill would<caml:Numerator>1</caml:Numerator><caml:Denominator>2</caml:Denominator></caml:Fraction> hours in a workday and from 50 to 45 hours in a workweek. The bill would also delete the provision that, beginning on January 1, 2022, and January 1, 2025, in the case of smaller employers, further decreases those hours to 8 hours in a workday and 40 hours in a workweek."?> increase the number of hours worked in a work week before that overtime rate of pay becomes applicable from 40 to 48 hours in a workweek.
- Who sponsors AB 3056?
- AB 3056 is sponsored by Gallagher, James (Republican), Alanis, Juan (Republican), Dahle, Megan (Republican), Wallis, Greg (Republican), Niello, Roger W. (Republican), and Seyarto, Kelly (Republican).
- What is the current status of AB 3056?
- This bill died with 2023-2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 3056?
- Track AB 3056 free on One Click Politics — get push/email alerts when it moves.
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