How Farm Workers Must Be Paid in California: Overtime, Piece Rate, and Pay Stubs

Most wage claims in agriculture don’t come from someone setting out to cheat workers. They come from payroll that was set up the old way and never updated. California farm pay rules have changed a lot in the last decade, and a labor contractor who hasn’t kept up puts both the crew and the grower at risk.

Here’s how farm workers must be paid in California today, in plain language.

Minimum wage covers every hour

Every hour worked must be paid at no less than the California minimum wage, or a higher local minimum where one applies. The state rate usually changes each January, so payroll needs to be updated every year. California doesn’t let employers average pay across the week to cover unpaid time: productive piece-rate work has to be paid, and time that isn’t paid by the piece has to be paid separately.

Agricultural overtime

For decades, farm workers in California earned overtime only after 10 hours in a day or 60 hours in a week. A 2016 law phased that out. Larger employers finished the phase-in in 2022 and employers with 25 or fewer workers finished in 2025. Today the rule is the same for everyone:

• Time and a half after 8 hours in a workday or 40 hours in a workweek.
• Double time after 12 hours in a workday.

That changes the math on long harvest days. A contractor quoting prices based on the old 10-hour rule is either losing money or not paying correctly.

Piece rate: rest, recovery, and nonproductive time

Piece rate is common in harvest and pruning, and it’s legal. But since 2016, Labor Code §226.2 has required two things for piece-rate workers:

• Rest and recovery periods, including heat cool-down rests, must be paid separately. The rate is the higher of the worker’s average hourly earnings for the week or the minimum wage.
• Other nonproductive time, like waiting for bins, moving between blocks, or attending a safety meeting, must be paid at no less than minimum wage.

The pay stub has to show the hours, rate, and pay for both.

Rest and meal breaks

Farm workers get a paid 10-minute rest break for every four hours worked, or major fraction of four hours, and an unpaid 30-minute meal period before the end of the fifth hour of work. Heat rules add cool-down rests on top of these when it’s hot.

Paid sick leave

Workers in California accrue paid sick leave and can use at least 40 hours, or five days, per year. Workers can start using it after their 90th day of employment. Available sick leave must show on the pay stub or a separate written notice each payday.

What a farm labor contractor’s pay stub must show

Under Labor Code §226, every wage statement must include:

• Gross and net wages, and every deduction.
• Total hours worked, with each hourly rate and the hours at that rate.
• Piece units and piece rates, for piece-rate work.
• The dates of the pay period.
• The worker’s name and the last four digits of their Social Security number or an employee ID.
• The employer’s legal name and address.
• For farm labor contractors, the name and address of the grower or business the work was done for.

Paydays

Agricultural workers must be paid at least twice each calendar month on regular, designated paydays. Many labor contractors pay weekly, which crews appreciate.

Why growers should care

Under Labor Code §2810.3, a grower can share liability for a labor contractor’s unpaid wages. And under Labor Code §2810, knowingly signing a contract that doesn’t cover the true cost of legal pay is itself a violation. Asking a contractor to walk you through their payroll is one of the simplest ways to protect your operation.

How we pay our crews

Morfin Farm Labor Contracting pays every worker according to these rules, with itemized wage statements that list the grower as the law requires. We’re happy to walk any grower through our payroll before the work starts. See our compliance standards or request a crew.