California Farm Workers: Know Your Rights
Listen to this articleAlthough the California economy is often associated with Hollywood and Silicon Valley, the revenue generated by the agriculture sector cannot be understated. California is the nation’s leading agricultural producer, contributing significantly to the country’s food supply. According to statistics compiled by the United States Department of Agriculture, California is the nation’s leading agricultural producer of many crops, contributing significantly to the country’s food supply. This substantial output is possible thanks to the labor and productivity of more than 800,000 farm workers across the Golden State.
Agricultural Labor Practices in California
Compared to other states, California presents better working conditions for farm workers. Some of the positive aspects include higher minimum wages, a fairly robust worker’s compensation system, specific laws, and reasonable regulations related to overtime hours, meal breaks, rest periods, and other workplace dynamics.
Unionization in the farming sector is not as prevalent as in other California industries, but there are agricultural unions that advocate for workers’ rights, particularly those engaged in manual cultivation and harvest duties. Collective bargaining is permitted and often encouraged by various segments of the state labor market.
The challenges faced by farm workers in California are similar to the labor markets in other states. Wage theft, including the misclassification of workers as independent contractors, is a persistent problem. Agricultural land in California begins in the south with the Imperial Valley, which is right on the border region with Mexico, thus making the agricultural market more accessible to migrant and foreign workers; this situation is complicated by the flux of immigration enforcement.
Despite the aforementioned challenges, farm workers in California enjoy various rights and protections that they should all be mindful of, including the following:
State and Municipal Minimum Wage and Overtime
California has a statewide minimum wage that is higher than the federal minimum wage; it was last promulgated to $15.50 per hour in 2023. Farm workers may be able to negotiate higher wages through collective bargaining agreements with their employers, often with the help of unions. A few cities such as Berkeley, Los Angeles, Oakland, and San Francisco have ordinances that set a higher minimum wage.
Overtime rules have specific provisions for workers in agricultural occupations contemplated by Article 15 of Title 8 in the California Code of Regulations. There is an incremental overtime calculation that applies to employers with a payroll of 25 or fewer workers. As of 2022, a farm worker who spends more than eight hours on the job per day, or more than 40 hours per week, must be paid 1.5 times the regular pay rate. If the work shift goes over 12 hours, the overtime rate doubles.
If you are a farm worker in California, you have the right to file a wage claim through the Labor Commissioner’s Office. If your employer misclassified you as a 1099 independent contractor through a bogus W-9 filing to skirt wage and overtime rules, the Labor Commissioner will investigate.
Occupational Safety in California Farming
Unfortunately, accidents and injuries to farm workers commonly go unreported. In 2021 and 2023, more than 21,000 injuries to farm workers were reported in the US and there were likely many more. The right to workers’ compensation for employees in the agricultural sector is covered by the California Occupational Safety and Health Act of 1973. Workplace-related injuries and illnesses can be reported through the Cal/OSHA district offices. Depending on the situation, the resolution may include medical and rehabilitation benefits.
With regard to pesticide safety, employers must provide appropriate personal protection equipment to workers; this may include gloves, masks, and coveralls. Farm workers have the right to learn about the pesticides being used, their potential health hazards, and how they should be handled.
Finally, section 6712 of the California Labor Code provides a framework for field sanitation in agricultural operations. Farm workers have the right to be informed by their employers about Cal/OSHA regulations concerning access to drinking water, preventing heat exhaustion, and limiting the spread of disease.
