A state bill that expands overtime pay for farmworkers passed the legislature last week, with new rules to be implemented over the next decade if Gov. Jerry Brown signs it.
Marin’s state politicians both abstained from the vote, citing concerns about the impact to North Bay dairies and ranches. More locally, Supervisor Steve Kinsey, supports it, as does one of two candidates for the District 4 supervisor race, Dennis Rodoni. His opponent, Novato dairyman Dominic Grossi, said he has not taken a position on it, and cited concerns about its impacts.
Current state law dating from 1976 stipulates that agricultural workers can receive overtime pay after working 10 hours in a single day or more than 60 hours a week. But A.B. 1066, which was introduced by Assemblywoman Lorena Gonzalez of San Diego, phases in rules between 2019 and 2022 that are more in line with other workers.
Starting in 2019, for instance, agricultural workers would receive overtime if they work more than 55 hours in a week or 9.5 hours in a day; by 2022, those numbers will come down to 40 hours in a week or eight hours in a day. Operations employing 25 or fewer people have an extra three years to comply with the phased-in law.
Supporters of the bill say farmworkers, who typically earn low wages, undertake some of the most physically strenuous work to provide food for the state and country, yet aren’t entitled to the same overtime compensation that most other workers receive.
“At its core, the bill fixes a historic inequity for those whose jobs are physically demanding and seasonally variable…Food and fairness belong together, and this bill points California’s agricultural industry in that direction,” Mr. Kinsey said in an email.
Olema resident Mr. Rodoni, owner of Rodoni Construction, also supports the legislation. “From an economic justice point of view, it’s the right thing to do,” he said.
But his opponent, Mr. Grossi, a fourth-generation dairyman with a dairy across from Stafford Lake, said he hasn’t taken a position. “I support overtime pay for our agricultural workers. They are extremely hard-working individuals and deserve to be compensated accordingly,” he said in a statement.
But he added that he has concerns about A.B. 1066—for instance, that farmworkers could see an overall reduction in pay because farms may hire more employees rather than pay overtime. He also said the bill doesn’t consider that many agricultural workers receive housing.
“Most dairy ranchers in Marin supply housing, including electric, water, propane, and garbage for their employees. My concern is that a portion of those benefits could be withheld in order to offset the additional costs of the overtime pay…Other industries do not supply housing,” he said.
Marin’s state politicians shared those concerns. Marc Levine, the state assemblyman who represents Marin, said he was concerned about the impact on local dairies that don’t set their own prices for milk, and are therefore unable to pass on the cost of overtime. He also emphasized that many ranches and dairies provide worker housing. “I think that needs to be considered, given a shortage of affordable housing,” he said.
State Senator Mike McGuire said he abstained because though he did not want to vote against farmworkers, he had concerns about “small family farmers and West Marin dairy owners [that] were never addressed. Given the tight time frame of this bill, we were unable to find middle ground,” he said in the statement.
Local dairyman Jarrod Mendoza, who runs B Ranch in the Point Reyes National Seashore, said he wasn’t sure what the impact would be, but that agriculturalists would have to make it work, one way or the other.
“I’m not surprised it went through…Change is inevitable. Everyone will have to make adjustments,” Mr. Mendoza said. “As far as an economic impact goes, it’s a little too early to tell how this will affect everybody…If Gov. Brown decides to sign, then we’ll have to figure out how to make it work.”
That could mean hiring more workers or just trying to be more efficient, he said. “It depends on how efficiently things can be done in eight hours versus 10.”