Understanding the Legal Protections of California Farm Workers

California’s strong agricultural industry flourishes thanks to hardworking farm workers who take great pride in their work. The state has implemented laws to ensure safe working conditions, fair pay, and basic labor protections.

From the United Farm Workers Union to today, California has made it a mission to protect its vital workforce. Employers refusing to comply with these laws may owe their employees and state agencies money. Depending on the violation, these fines can go as high as $25,000.

Wage and Hour Protections

California farm workers were once paid very little, often below the minimum wage, and didn’t get overtime pay. Now, laws make sure they earn at least $15.50 an hour. The employer must pay a higher minimum wage if a city has a higher minimum wage than the state. There are also extra rules to protect workers’ pay and hours.

• A paid ten-minute break for every four hours of work
• An unpaid 30-minute meal break if the worker works over five hours
• Must give a paystub with each payment
• Cannot be paid a piece rate

Health and Safety

Unsafe working conditions cause preventable injuries and deaths. There were a reported 21,000 farm worker injuries in the US in 2021 and 2022. California enforces strict safety rules for farm workers. Under California OSHA laws, farm workers must have access to toilets, handwashing stations, and drinking water as per Section 3457. Other requirements include:

• Adequate heat illness protection
• Safe practices for machinery use
• Wildfire smoke protection
• Proper equipment usage, including long-handled tools
• Maintaining a written Injury and Illness Protection Program
• Effective hazard communication
• Protections for working around electricity

Fair Employment Practices

California’s Fair Employment and Housing Act protects farm workers from discrimination based on race, color, ethnicity, sex, gender, or sexual orientation. Employers must provide a harassment-free workplace for farm workers.

Enforcement and Compliance

Compliance remains a challenge in California. Ensuring it requires coordinated efforts from state agencies. The Department of Industrial Relations, ALRB, and Cal/OSHA play critical roles in enforcing legal protections for farm workers.

Farm workers are encouraged to report employer violations immediately. The above state agencies provide the resources and support necessary to help farm workers handle their grievances appropriately and hold employers accountable for their unlawful actions.

Farm Workers Face Ongoing Challenges

Despite the many protective laws in place, farm workers continue to struggle to make their voices heard. Undocumented farm workers are especially vulnerable because they may be afraid to make a report.

California’s legal framework is among the most aggressive in the United States. Still, many farm workers fall through the cracks in the system and never receive the advocacy they deserve. The commitment to protecting farm workers benefits them and the California agricultural industry as a whole.