SB 801 (2025) — Agricultural workers: wages, hours, and working conditions: definitions.

AMENDED IN SENATE MARCH 24, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

SENATE BILLNo. 801

Introduced by Senator Hurtado

February 21, 2025

An act ~~relating to greenhouse gases.~~ to amend Section 859 of the Labor Code, relating to employment.

Vote: majority Appropriation: no Fiscal committee: yes Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages to an employee who works in excess of a workday or workweek. Existing law establishes the Department of Industrial Relations and provides that one of its functions is to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment.

Existing law establishes specific labor protections for sheepherders and goat herders, as defined, relating to wages, meal and rest periods, lodging, and other conditions of employment. Existing law imposes civil penalties, as prescribed, for violations of these provisions.

Existing law, the Phase-In Overtime for Agricultural Workers Act of 2016, establishes a schedule that phases in overtime requirements for persons employed in an agricultural occupation, as defined. The act, beginning January 1, 2022, among other things, requires that any work performed by a person employed in an agricultural occupation in excess of 12 hours per day be compensated at a rate of no less than twice the employee’s regular rate of pay. Existing law requires the Department of Industrial Relations to update a specific wage order of the Industrial Welfare Commission governing agricultural occupations to be consistent with the act, except in specified circumstances in which the existing wage order offers greater protections. The act defines the term “employed in an agricultural occupation” for these purposes as having the same meaning as in that wage order.

For purposes of the Phase-In Overtime for Agricultural Workers Act of 2016, this bill would create an exception from the above-described definition for sheepherders or goat herders, as defined in that order.

The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases and requires the state board to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. The act declares the policy of the state to achieve net zero greenhouse gas emissions as soon as possible, but no later than 2045, and to achieve and maintain net negative greenhouse gas emissions thereafter. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years.

This bill would state the intent of the Legislature to enact subsequent legislation that would require the state to consider any potential cost burden to Californians as it works on achieving its climate goals, including its greenhouse gas emissions goals and standards under the California Global Warming Solutions Act of 2006.

The people of the State of California do enact as follows:

SECTION 1.

Section 859 of the Labor Code is amended to read:

859.

~~For~~ Except for “sheepherders” or “goat herders” as defined in Order No. 14-2001 of the Industrial Welfare Commission (revised 07-2014), for purposes of this chapter, “employed in an agricultural occupation” has the same meaning as in Order No.14-2001 of the Industrial Welfare Commission (revised 07-2014).

SECTION 1.
It is the intent of the Legislature to enact subsequent legislation that would require the state to consider any potential cost burden to Californians as it works on achieving its climate goals, including its greenhouse gas emissions goals and standards under the California Global Warming Solutions Act of 2006.