224 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com entitlements that apply to non-agricultural workers.223 This chart summarizes, for both larger and smaller employers, the phase-in process for agricultural overtime pay requirements. 26+ Employees < 26 Employees Effective date 1.5 * Reg. Rate 2 * Reg. Rate Effective date 1.5 * Reg. Rate 2 * Reg. Rate 1/1/2019 > 9.5 hrs/day, > 55 hrs/week n/a 1/1/2022 > 9.5 hrs/day, > 55 hrs/week n/a 1/1/2020 > 9 hrs/day or > 50 hrs/week n/a 1/1/2023 > 9 hrs/day or > 50 hrs/week n/a 1/1/2021 > 8.5 hrs/day, or > 45 hrs/week n/a 1/1/2024 > 8.5 hrs/day or > 45 hrs/week n/a 1/1/2022 > 8 hrs/day or > 40 hrs/week > 12 hrs/day 1/1/2025 > 8 hrs/day or > 40 hrs/week > 12 hrs/day Wage Order 14, meanwhile, continues to define agricultural employees as workers engaged in: the preparation, care, and treatment of farm land, pipeline, or ditches, the sowing and planting of any agricultural (generally, farm) or horticultural (generally, garden, orchard, or nursery) commodity, the care of any agricultural or horticultural commodity, the harvesting of any agricultural or horticultural commodity, the assembly and storage of any agricultural or horticultural commodity, the raising, feeding and management of livestock, fur bearing animals, poultry, fish, mollusks, and insects, the harvesting of fish for commercial sale as defined by Fish and Game Code section 45, or the conservation, improvement, or maintenance of a farm and its tools and equipment. 7.8 Meal Periods Section 11 of most Wage Orders states: “No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes.” An off-duty meal period may be unpaid, but unless the employee is relieved of all duty during the 30-minute meal period, the entire period counts as time worked. Labor Code sections 226.7 and 512 also address meal periods. Section 226.7 forbids an employer to require an employee to work during any meal or rest period that is mandated by an IWC order.224 Section 512 requires that employers “provid[e]” 30-minute meal periods for employees working more than five hours (one meal period) or working more than ten hours (two meal periods).225 Additional breaks may be required for employees
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