Alternative workweek schedule: agricultural employees.
The bill modifies existing laws by clarifying the terms under which agricultural employees can work longer hours without additional compensation. It raises the threshold by ensuring that employees working more than 8 hours but not exceeding 12 hours in a day—if part of an agreed alternative workweek—are still entitled to overtime pay in accordance with state regulations. Additionally, the bill phases in overtime requirements for agricultural employees which will come into effect in January 2022, aiming to align agricultural work practices with broader labor standards.
Assembly Bill 2758, introduced by Assembly Member Cooper, seeks to amend Section 511 of the Labor Code concerning alternative workweek schedules specifically for agricultural employees. The bill facilitates employers' ability to propose work schedules that allow affected employees to work up to 10 hours a day within a standard 40-hour workweek without incurring overtime pay, provided such arrangements receive approval from at least two-thirds of the employees in a designated work unit through a secret ballot. The bill's intent is to offer flexibility for agricultural workers while maintaining the structure that safeguards their rights to fair compensation.
During the discussions surrounding AB 2758, sentiments across the legislative body appeared mixed. Proponents, primarily from the farming community and certain employer associations, argue that this bill provides necessary flexibility and boosts productivity in a labor-intensive sector where traditional workweek models may not apply. Conversely, labor representatives express concerns that the alterations might diminish worker protections, potentially leading to exploitation under the guise of flexibility, especially for vulnerable populations within the agricultural workforce.
Key points of contention in the discourse around AB 2758 hinge upon the balance of flexibility for employers against the safeguarding of labor rights for employees. Critics highlight that while flexibility is essential in agricultural operations, it should not come at the cost of eroding established labor protections, thereby risking worker welfare. Advocates emphasize the necessity of adapting labor laws to fit the unique operating realities of agriculture while maintaining equitable labor practices.