HB 2052
In CommitteeHouse
Agricultural overtime waiver
Allowing agricultural employees to voluntarily waive overtime requirements for up to 15 workweeks in a calendar year.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill lets agricultural workers choose to work more than 40 hours per week without triggering overtime pay, up to 15 weeks per year, to help them earn more during peak harvest seasons. It amends existing overtime rules to add a voluntary waiver option while maintaining the 40-hour threshold for non-waived weeks.
- Allows agricultural employees to voluntarily waive their right to overtime pay for up to 15 workweeks per calendar year.
- During weeks with a valid waiver, employers must pay at least the employee’s regular (non-overtime) rate for all hours worked, regardless of hours, and are not required to pay time-and-a-half.
- Waivers must be written and kept on file by employers, and can cover one or more consecutive or intermittent weeks chosen by the employee.
- Amends existing overtime rules for agricultural workers to maintain the current 40-hour workweek limit (after a phased reduction from 55 to 48 to 40 hours over 2022–2024), but adds this new waiver exception.
- Clarifies that this waiver does not apply to dairy employees, who remain subject to standard overtime rules.
Who is affected
- Agricultural employees — Agricultural workers who want to work more hours during peak harvest seasons to earn more pay, but are currently limited by overtime rules that discourage employers from scheduling them for long hours.
- Agricultural employers — Farm and orchard owners and managers who may benefit from increased labor flexibility during busy harvest periods, potentially helping them meet labor needs and avoid lost crop yields.
- Dairy employees — Workers in dairy operations are explicitly excluded from this waiver provision and remain subject to existing overtime rules.
Pro/Con Analysis
Stronger case for concerns
Potential Benefits (5)
Workers who voluntarily waive overtime and work more hours during peak season can increase their annual earnings—potentially improving short-term cash flow and helping cover seasonal income gaps, especially for those in piece-rate or low-hour positions.
FinancialPeopleRef: Sec. 2(6)(a)(i)The waiver may help farms retain labor during critical harvest windows by enabling flexible scheduling—potentially reducing crop losses and supporting rural employment stability, especially in labor-constrained sectors like tree fruit and berries.
Business & EmploymentPeopleRef: Sec. 2(6)(a)(i)The requirement that employers maintain written waiver records may improve compliance tracking and reduce wage theft disputes, though enforcement capacity remains limited and no new funding is allocated for labor inspections.
Local GovernmentRef: Sec. 2(6)(a)(ii)If workers choose to work more hours voluntarily and are not over-scheduled, the policy may support better crop quality and timely harvests—reducing food waste and supporting supply chain reliability, though this is indirect and not guaranteed.
Public SafetyLean peopleRef: Sec. 2(6)(a)(i)Higher seasonal earnings could reduce financial stress on farmworker families, potentially improving children’s school attendance and stability—though this effect is speculative and not directly funded or monitored.
EducationPeopleRef: Sec. 2(6)(a)(i)
Potential Concerns (5)
Workers who waive overtime may end up working longer hours without additional compensation, reducing their effective hourly wage during peak weeks—especially if they are pressured to waive or lack bargaining power—potentially increasing income volatility and undermining wage stability.
FinancialLean industryRef: Sec. 2(6)(a)(i)The waiver provision creates a structural vulnerability where employers may subtly coerce or condition work schedules on waiver acceptance, especially for low-wage, non-union agricultural workers with limited alternatives—effectively eroding collective bargaining leverage over hours and pay.
Rights & LibertiesIndustryRef: Sec. 2(6)(a)(i)Extended work hours without overtime compensation may increase fatigue-related workplace injuries and health risks for agricultural workers, especially during physically demanding harvest seasons—yet the bill includes no safety monitoring or enforcement provisions to mitigate this risk.
Public SafetyIndustryRef: Sec. 2(6)(a)(ii)The waiver provision primarily benefits large agricultural employers by reducing labor costs during peak seasons, as they can schedule more hours without paying time-and-a-half—while smaller farms with tighter margins may not benefit as much, and the policy does not include wage subsidies or cost-sharing to offset employer compliance burdens.
Business & EmploymentIndustryRef: Sec. 2(6)(a)(i)Workers who waive overtime may experience short-term income gains, but without guaranteed overtime, long-term financial stability and ability to save for housing (e.g., security deposits, down payments) remain uncertain—especially given seasonal employment instability and lack of portability of waiver benefits across years.
HousingIndustryRef: Sec. 2(6)(a)(i)
Who Is Most Affected
Seasonal agricultural workers who rely on peak-season hours to make ends meet may benefit if they voluntarily opt into longer hours—but those without bargaining power may feel coerced, and those in debt or with health issues may be unable to take advantage.
Large tree-fruit, berry, and vegetable growers may benefit most, as they face acute labor shortages and high crop loss risk during harvest; small farms may see less benefit due to lower seasonal labor needs and less capacity to absorb scheduling changes.
Dairy workers are explicitly excluded and retain full overtime protections, but may face indirect effects if dairy farms shift labor practices to avoid overtime—e.g., hiring more part-time workers—potentially reducing hours for some.
Labor unions and worker centers may oppose the bill due to concerns about coercion and erosion of collective bargaining rights, especially where union contracts already include overtime protections.
Local governments may see modest benefits from increased wage tax revenue and reduced wage theft complaints—but also added enforcement burdens if waiver disputes arise, especially without new funding.