California 2019-2020 Regular Session Status: In Committee

AB 2758 — Alternative workweek schedule: agricultural employees.

Last action — Re-referred to Com. on L. & E.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes an employer to propose a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of compensation and that will be adopted if it receives approval in a secret ballot election by at least 23 of affected employees in a work unit. Existing law establishes a time and 12 overtime rate for affected employees for any work in excess of the regularly scheduled hours established by the alternative workweek agreement and for any work in excess of 40 hours per week. Existing law establishes a minimum double-time rate for work in excess of 12 hours per day and for any work in excess of 8 hours on those days worked beyond the regularly scheduled workdays established by the alternative workweek agreement. Other existing law relating only to agricultural employees phases in overtime requirements according to a prescribed schedule over the course of 4 years, from 2019 to 2022, inclusive. Beginning January 1, 2022, existing law prohibits any person employed in an agricultural occupation from being employed more than 8 hours in any one workday or working in excess of 40 hours in any one workweek, unless the employee receives one and 12 times that employee's regular rate of pay for all hours worked over 8 hours in any workday or over 40 hours in any workweek. Beginning January 1, 2022, existing law requires any work performed by a person employed in an agricultural occupation in excess of 12 hours in one day to be compensated at a minimum double-time rate. Under existing law, employers who employ 25 or fewer employees have an additional 3 years to comply with the phasing in of these overtime requirements. This bill would require, for purposes of those alternative workweek provisions, that an affected employee employed in an agricultural occupation working longer than 8 hours, but not more than 12 hours in a day, pursuant to an alternative workweek schedule, be paid an overtime rate of compensation according to the agricultural employee overtime phase-in provisions, as specified.

Bill Text

Action History

  1. Re-referred to Com. on L. & E.

  2. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  3. Referred to Com. on L. & E.

  4. From printer. May be heard in committee March 22.

  5. Read first time. To print.

Sponsors

  • Cooper · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Cooper

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

labor agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2758 do?
Existing law authorizes an employer to propose a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of compensation and that will be adopted if it receives approval in a secret ballot election by at least 23 of affected employees in a work unit. Existing law establishes a time and 12 overtime rate for affected employees for any work in excess of the regularly scheduled hours established by the alternative workweek agreement and for any work in excess of 40 hours per week. Existing law establishes a minimum double-time rate for work in excess of 12 hours per day and for any work in excess of 8 hours on those days worked beyond the regularly scheduled workdays established by the alternative workweek agreement. Other existing law relating only to agricultural employees phases in overtime requirements according to a prescribed schedule over the course of 4 years, from 2019 to 2022, inclusive. Beginning January 1, 2022, existing law prohibits any person employed in an agricultural occupation from being employed more than 8 hours in any one workday or working in excess of 40 hours in any one workweek, unless the employee receives one and 12 times that employee's regular rate of pay for all hours worked over 8 hours in any workday or over 40 hours in any workweek. Beginning January 1, 2022, existing law requires any work performed by a person employed in an agricultural occupation in excess of 12 hours in one day to be compensated at a minimum double-time rate. Under existing law, employers who employ 25 or fewer employees have an additional 3 years to comply with the phasing in of these overtime requirements. This bill would require, for purposes of those alternative workweek provisions, that an affected employee employed in an agricultural occupation working longer than 8 hours, but not more than 12 hours in a day, pursuant to an alternative workweek schedule, be paid an overtime rate of compensation according to the agricultural employee overtime phase-in provisions, as specified.
Who sponsors AB 2758?
AB 2758 is sponsored by Cooper.
What is the current status of AB 2758?
This bill died with 2019-2020 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 2758?
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