California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 5 - Industrial Welfare Commission › Group 2 - Industry and Occupation Orders › Article 14 - Agricultural Occupations › Section 11140 - Order Regulating Wages, Hours, and Working Conditions in Agricultural Occupations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Order No. 14-2001, Effective 1-1-2002, as amended.
						Sections 4(A),
						4(E) and
						10(C) amended and
						republished by the Department of Industrial Relations, effective January 1,
						2019, pursuant to SB 3, Chapter 4, Statutes of 2016 and section
						1182.13 of the Labor Code. Sections
						1(F),
						1(G),
						3(A),
						3(B),
						3(C),
						3(E) and
						11 amended and republished
						effective January 1, 2017, pursuant to AB 1066, Chapter 313, Statutes of 2016
						and section
						864 of the Labor Code Section
						6 amended and republished pursuant
						to SB 639, Chapter 339, Statutes of 2021.)
TAKE NOTICE: To employers and representatives of persons
						working in industries and occupations in the State of California: The
						Department of Industrial Relations amends and republishes the minimum wage and
						meals and lodging credits in the Industrial Welfare Commission's Orders as a
						result of legislation enacted (SB 3, Ch. 4, Stats of 2016, amending section
						1182.12 of the Labor Code, and AB
						1835, Ch. 230, Stats of 2006, adding sections
						1182.12 and
						1182.13 to the Labor Code). The
						Department of Industrial Relations also updated this Industrial Welfare
						Commission Order pursuant to legislation enacted (AB 1066, Ch. 313, Stats of
						2016, adding sections
						857 through
						864 to the Labor Code, SB 639, Ch.
						339, Statutes of 2021, amending sections
						1191 and
						1191.5 of the Labor Code, AB 156,
						Ch. 569, Stats of 2022, amending sections
						2695.1 and
						2695.2, and adding sections
						2695.3 and
						2695.4. to the Labor Code, and SB
						143 (Ch. 196, Stats. 2023) further amending Labor Code sections
						2695.3 and
						2695.4 of the Labor Code). The
						updates, amendments and republishing make no other changes to this
						order.
Employers and representatives of persons working in the
						industry and occupations to which this order applies should note that, except
						as set forth in Labor Code Section
						860 and subdivision (a) of Labor
						Code Section
						862, which are reflected in Section
						3 of this order, all other
						provisions of Division 2, Part 2, Chapter 1 of the Labor Code (commencing with
						Section 500) regarding compensation for
						overtime work shall apply to workers in an agricultural occupation commencing
						January 1, 2017. (See Labor Code Section
						861.) Where this order is
						inconsistent with Division 2, Part 2, Chapter 6 of the Labor Code (the
Phase-In Overtime for Agricultural Workers Act of 2016
, which
						incorporates Chapter 1 as stated), Chapter 6 of the Labor Code governs,
						including the applicable effective dates, unless this order provides greater
						protections or benefits to agricultural employees. (See Labor Code Section
						864.)
1. Applicability of Order.
This order shall apply to all persons employed in an
						agricultural occupation whether paid on a time, piece rate, commission, or
						other basis, except that:
(A) No
					 provision of this order shall apply to any employee who is engaged in work
					 which is primarily intellectual, managerial, or creative, and which requires
					 exercise of discretion and independent judgment, and for which the remuneration
					 is not less than two (2) times the monthly state minimum wage for full-time
					 employment.
(B) No provision of
					 this order shall apply to any individual who is the parent, spouse, child, or
					 legally adopted child of the employer.
(C) Section
					 5 of this order shall not apply to
					 any employer who employs fewer than five (5) persons covered by this order. If
					 at any one time during a calendar year an employer has five (5) or more
					 employees covered by this order, every provision of this order, including
					 Section 5, Reporting Time Pay, shall apply
					 to that employer throughout that calendar year.
(D) No provision of this order shall apply to
					 any employee covered by Order No. 8 or Order No. 13, relating to industries
					 handling products after harvest.
(E) The provisions of this order shall not
					 apply to any individual participating in a national service program, such as
					 AmeriCorps, carried out using assistance provided under
					 Section
					 12571 of Title 42 of the United States Code.
					 (See Stats. 2000, chap. 365, amending Labor Code Section
					 1171.)
(F) Sections
					 4(A)-(D),
					 5,
					 6,
					 9(A), and
					 11(B), of this
					 order shall not apply to an employee engaged to work as a "sheepherder or,
					 effective September 27, 2022, engaged to work as a "goat herder"," as that
					 occupation is defined in Section
					 2(N). Section
					 3(A)(2) shall
					 apply to a sheepherder or "goat herder" employed by a large employer (more than
					 25 employees) beginning January 1, 2019, and Section
					 3(A)(3) shall
					 apply to a sheepherder or goat herder employed by a small employer (25 or fewer
					 employees) beginning January 1, 2022. Otherwise, this order, including Section
					 4(A), shall apply
					 to any workweek during which a sheepherder or goat herder employee is engaged
					 in any non-sheepherding or non-goat herding agricultural or other
					 work.
(G) Section
					 3 of this order shall not apply to
					 an employee licensed pursuant to Article 3 (commencing with Section
					 7850) of Chapter 1 of Part 3 of
					 Division 6 of the Fish and Game Code who serves as a crew member on a
					 commercial fishing vessel. Section
					 3(A)(2) shall
					 apply to a licensed crew member employed by a large employer (more than 25
					 employees) beginning January 1, 2019, and Section
					 3(A)(3) shall
					 apply to a licensed crew member employed by a small employer (25 or fewer
					 employees) beginning January 1, 2022.
(H) The provisions of this order that only
					 refer to goat herders, effective September 27, 2022, shall expire on July 1,
					 2026, and goat herders will be afterward protected under the general provisions
					 of this order unless the Legislature amends Labor Code sections
					 2695.3 and
					 2695.4 to extend special provisions
					 for goat herders.