Overtime pay in the United States normally occurs after an employee has worked over the usual 8-hour workday or more than 40 hours per week. Unfortunately, this is not the case for America’s hard working migrant and seasonal farmworkers. For these employees, there are sometimes different rules companies follow, and most states do not offer any overtime pay to their farmworkers. Thankfully, in California, there are requirements agricultural employers must follow when it comes to paying their employees more money for any extra hours that are put into the workweek.
In California, farmworkers are required to be given overtime pay after working 10 hours in a day or 60 hours in a week. There has been legislation brought to the desks of lawmakers to adjust these numbers to be equal to other workers in California, but these laws have not passed, and overtime pay for farmworkers remains the same for now.
important for all employees to keep track of the hours they work every day. The Wage and Hour Division recommends that employees keep a journal where they track hours worked. When receiving a paycheck, farmworkers should compare their recorded hours to the hours shown on their check. If a farmworker recorded that he or she worked more than 10 hours in a day, or 60 hours in a week, their overtime.
wages should be one and one-half times the employee’s regular rate of pay for all overtime hours worked. For example, if a worker normally earns $8 per hour (California minimum wage), they should be paid $12 per hour for any overtime worked.
Overtime pay is to be paid to workers no later than the next regular payroll period after which the overtime wages were earned.
If there is a problem with overtime pay, including an employer not paying it to their employees, a complaint should be made to the California Labor Commissioner’s Office. Below, is a list of all offices in California including their addresses and phone numbers. Locate the office closest to your workplace if you need to file a complaint, or would like more information about overtime pay.