# California Overtime: Farm Workers & Unpaid Wages Legal Help > The Employment Lawyers Group helps California farm workers and employees claim unpaid overtime wages. Piece rates, labor contractors. Source: https://fresnoemployeelawyer.com/farm-labor-lawyer/ Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving Fresno County, California. Phone: (818) 783-7300 (calling is the fastest way to reach the legal team) Office: 13418 Ventura Blvd, Sherman Oaks, CA 91423 Contact form: https://fresnoemployeelawyer.com/contact/ Consultations are free and confidential; cases are taken on contingency. --- For every hour past their eighth of work in a day, **California farm workers are now entitled to overtime pay** at one and a half times their normal rate of pay. What does this mean? ## **Key Changes in California Agricultural Overtime Law** - A farm worker who worked an **8.75 day** is owed **.75 hours of overtime** pay at one and a half their normal hourly rate. - Farm laborers who worked only **38 hours in a week** are still owed overtime if they worked one **9-hour shift** (1 hour of overtime). - Farm workers who were told to work **off-the-clock** and ended up working more than 40 hours in a week or 8 hours in a day are owed overtime. - Farm workers who worked more than **forty hours in a week** are owed overtime. - Farm and field workers who worked more than **12 hours in a day** are owed **double time**. - Farm and field hands who worked more than **60 hours in a week** are owed overtime. - Farm workers without proper papers to work may **still collect overtime**. - The previous law that required farm workers to work 60 hours a week to get overtime was **repealed in September of 2016**. - Farm workers who are paid **piece rates** are also entitled to overtime based upon their piece rates, which must be minimum wage or higher. ## **Piece Rate Workers and Paystub Violations** If you are a **piece rate worker**—paid by the barrel, pound, or per unit of produce—we advise you consult with an experienced overtime attorney. We can determine if you are properly paid piece rates and properly paid overtime for your piece work. **Paystub Violations:** Piece rates not properly reflected on your pay stubs lead to California Labor Code Section 226 violations, entitling employees to a **$100.00 penalty** for each errant paystub. ## **Who is Entitled to Overtime in Agriculture? (Exempt vs. Nonexempt)** Farm workers, like other California employees, are considered **nonexempt** and are entitled to overtime if they do not regularly manage 2 or more full-time employees more than 50% of the time and earn at least twice the minimum wage. - Farm workers such as **pickers, egg handlers, tractor drivers, loaders, packers, seed sorters, feeders, and animal groomers** are usually entitled to overtime. - **Foremen** who supervise 2 or more full-time farm workers, spend more than half their time supervising, and earn at least twice minimum wage may be exempt. - We have represented many supervisors and managers who were wrongly classified because they did not meet the pay or duty requirements. If you fall into those categories, you may be entitled to overtime pay. **Contact a Winning California Overtime Lawyer at [(818) 783-7300](tel:8187837300) if you think you are owed overtime** ## **GENERAL CALIFORNIA OVERTIME PAY RULES** Generally, several principles govern California overtime for all employees: - Overtime is due to persons primarily performing **manual labor**. - Overtime is not due to supervisors and managers regularly supervising or managing two or more full-time persons if they are paid **twice minimum wage**. - Overtime is not likely due to an employee in a primarily **intellectual profession** who makes independent decisions. - California overtime is based upon the **daily work day** (over 8 hours) and for work over **40 hours in a week**. - Employers must pay **double time** if the employee works more than 12 hours in a day. - Do not rely on job titles like "blue collar" or "white collar." Eligibility depends on duties and pay. **THE FOLLOWING POSITIONS ARE GENERALLY ENTITLED TO OVERTIME PAY:** Employees performing assembly work, automotive repair technicians, bank tellers, bookkeepers, clerical workers, construction workers, cooks, data entry, drivers, dry cleaning pressers, **farm workers**, film crews, grocery workers, hair stylists, janitors, laborers, maintenance workers, manufacturing workers, messengers, nurses, packers, porters, retail workers, security officers, ticket agents, wait staff, and warehouse workers. **THE FOLLOWING JOBS MAY OR MAY NOT BE ENTITLED TO OVERTIME PAY (Consult an attorney):** Broadcasters, computer programmers, dancers who create their own routines, lab technicians, outside sales people, persons with advanced degrees, property managers, theater performers, writers. - Union Contracts may specify groups of workers are entitled to overtime if they are not entitled to overtime by law. **THE FOLLOWING ARE USUALLY NOT OVERTIME POSITIONS:** Artists, certified accounting professionals, certain engineers, doctors, executives, lawyers, managers, theatrical personnel such as A-list actors. ## **CALIFORNIA OVERTIME LAW & Retaliation Protections** California labor laws are found in the California Labor Code and Code of Regulations. Given the complexity, we highly recommend calling **[(818) 783-7300](tel:8187837300)** to find out if you have an overtime case. Besides overtime laws, there are legal rights protecting the jobs of employees who demand overtime wages. Employers who **retaliate** against employees who ask to be paid overtime may be required to pay punitive damages and/or a California Labor Code Section 1102.5 penalty. Firing employees for making legitimate complaints about their entitlement to overtime is **wrongful termination**. ## **Our Overtime Case Experience and Dedication** Our California overtime lawyers handle individual, multi-employee, Private Attorney General (PAGA), and class actions for employee overtime. Firm founder, Karl Gerber, started handling overtime cases for employees in 1993. Our labor attorneys do not charge employees any money up front; we advance all court costs. We have handled more than 2,000 individual employee lawsuits. **Selected Case Results (Although not a guarantee or prediction):** - **$800,000** for emergency and disaster workers - **$800,000** for prevailing wage in the Central Valley - **$775,000** for caregivers not properly paid - **$750,000** to hotel maids not paid overtime - **$515,000** for FEMA workers - **$400,000** for phlebotomists not paid overtime because they had to work off the clock - **$400,000** for off-the-clock work at a national big box store in Bakersfield - **$400,000** for oil rig workers denied meal breaks, off the clock work - **$300,000** in penalties alone for security officers who were underpaid - **$175,000** for two limousine drivers - **$175,000** for several exotic dancers not paid overtime - **$125,000** for a nonexempt social worker who was fired for complaining about her entitlement to overtime **OVERTIME LAWSUITS CAN BE LARGE: CALL [(818) 783-7300](tel:8187837300) FOR A CALIFORNIA OVERTIME ATTORNEY** ## Our Firm: No Upfront Fees or Costs ### Contingency Fee Representation All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee. ### Serving Fresno County We have proudly served all of Fresno County since 1993. Ready to discuss your case? (818) 783-7300 Submit A Contact Form The Employment Lawyers Group has successfully handled 2,000+ Separate California Employment Cases ## Media Engagements ## Sample Case Results breach of commission contract $1,150,000 Unpaid commissions of two plaintiffs unpaid wages $875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000 Controlled stand by class action settlement Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case. ## Practice Areas [Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://fresnoemployeelawyer.com/discrimination/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://fresnoemployeelawyer.com/unpaid-wages/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://fresnoemployeelawyer.com/sexual-harassment/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://fresnoemployeelawyer.com/wrongful-termination/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://fresnoemployeelawyer.com/leaves-of-absence/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://fresnoemployeelawyer.com/whistle-blower/) ## Our California Locations ### Bakersfield [BakersfieldLaborAttorney.com](https://bakersfieldlaborattorney.com) 5401 Business Park S, #214, Bakersfield CA 93309 [(661) 412-9600](tel:6614129600) ### Los Angeles [EmployeeLawCA.com](https://employeelawca.com/) 611 Wilshire Blvd, #1023, Los Angeles CA 90017 [(323) 525-1600](tel:3235251600) ### Orange County [WorkLawyerOC.com](https://worklawyeroc.com) 2522 Chambers Rd, #100, Tustin CA 92780 [(714) 210-8000](tel:7142108000) ### Riverside [RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com) 9496 Magnolia Ave, #208, Riverside CA 92503 [(951) 367-1000](tel:9513671000) ### Sacramento [SacramentoLaborAttorney.com](https://sacramentolaborattorney.com) 777 Campus Commons Rd, #200, Sacramento CA 95825 [(916) 340-0000](tel:9163400000) ### San Bernardino [EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com) 337 N. Vineyard Ave, #400, Ontario CA 91764 [(909) 663-2100](tel:9096632100) ### San Diego [SanDiegoEmployeeLawyer.com](https://sandiegoemployeelawyer.com) 330 "A" St, #60, San Diego CA 92101 [(619) 320-3000](tel:6193203000) ### San Francisco / Bay Area [BayAreaEmploymentAttorney.net](https://bayareaemploymentattorney.net) 524 Union St, #400, San Francisco CA 94133 [(877) 525-0700](tel:8775250700) ### San Jose / Silicon Valley [SiValleyLaborLawyer.com](https://sivalleylaborlawyer.com) 111 N. Market St, #300, San Jose CA 95113 [(877) 525-0700](tel:8775250700) ### Sherman Oaks [WorkLawyerCA.com](https://worklawyerca.com) 13418 Ventura Blvd, Sherman Oaks CA 91423 [(818) 783-7300](tel:8187837300) ### Torrance / South Bay [JobTerminationLaw.com](https://jobterminationlaw.com/) 3655 Torrance Blvd, 3rd Floor, Torrance CA 90503 [(310) 842-8600](tel:3108428600) ### Ventura / Oxnard [VenturaEmploymentLawyer.com](https://venturaemploymentlawyer.com) 4030 West Hemlock St, Oxnard CA 93035 [(805) 200-0100](tel:8052000100) ### Additional Sites [BostonLaborLaw.com](https://bostonlaborlaw.com) [DcLaborAttorney.com](https://dclaborattorney.com) [FresnoEmployeeLawyer.com](https://fresnoemployeelawyer.com) [JobLawyer.net](https://joblawyer.net) [MarylandLaborAttorney.com](https://marylandlaborattorney.com/) [ModemStud.com](https://modemstud.com) [VintageLosAngeles.org](https://vintagelosangeles.org) [WorkplaceLawyer.org](https://workplacelawyer.org) ## About Firm Founder, Karl Gerber Firm Founder, **Karl Gerber**, has been an employment and wrongful termination attorney since **1993**. He has represented a wide range of employees throughout California. Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation. The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**. [Meet Karl Gerber](https://fresnoemployeelawyer.com/karl-gerber/) ## Ready to Discuss Your Case? Your rights as an employee matter. Submit a contact form and we'll get back to you. Submit A Contact Form [Call (818) 783-7300 Now](tel:8187837300)