1. Labor Commissioner's Office

What amount are Sheepherders owed as a result of AB 1066’s Overtime Phase-In?

REQUIRED MINIMUM MONTHLY COMPENSATION, INCLUDING REQUIRED OVERTIME PAY, FOR SHEEPHERDERS AND GOAT HERDERS WORKING REGULARLY SCHEDULED 24 HOUR SHIFTS, SEVEN DAYS A WEEK

Sheepherders working 24/7 on-call shifts have been eligible for a special monthly minimum wage as an alternative to the generally applicable state hourly minimum wage since 2001. (Lab. Code §§ 2695.1, 2695.2.) However, goat herders first became eligible for this alternative monthly minimum wage on September 27, 2022, so this chart and the following calculations should not be used for determining amounts earned by goat herders prior to that date. (Lab. Code § 2695.3, 2695.4.) Required overtime compensation for all agricultural employees, including herders working 24/7 shifts, is mandated by the Phase-In Overtime for Agricultural Workers Act of 2016. (Lab. Code §§ 857-864.)

SIZE OF EMPLOYER

NOTE:  (1)  The laws and regulations which allow for payments in the above-specified amounts, which are below otherwise generally applicable state minimum wage and overtime requirements, only apply to sheepherders as defined at Labor Code Section 2695.1, and/or goat herders (starting on September 27, 2022) as defined at Labor Code Section  2695.3.

If any work other than that described in these code sections is performed during a workweek, the employee shall instead be entitled to payment of the generally applicable state minimum wage and overtime requirements for that workweek. (Lab. Code §§ 2695.2, 2695.4.)

(2)  The determination of whether an employer falls into the large or small employer category is based on the number of employees employed (regardless of specific job duties), not the number of sheepherders and/or goat herders employed.

(3)  Calculations upon which the above-listed amounts are based are set out in the following pages.  Beyond 2024, future increases in the sheepherder and goat herder monthly minimum wage, excluding overtime, are tied to and will reflect the percentage of any increases in the generally applicable state minimum wage.  (Lab. Code §§ 2695.2, 2695.4.) Also, on 1/1/2025, the maximum number of non-overtime hours for herders working for employers with 25 or fewer employees will decrease to 8 hours per day or 40 hours per week, and such herders will then become entitled to overtime compensation at double the regular rate of pay for all hours worked in excess of 12 in any workday, along with already applicable overtime requirements. (Lab. Code §§ 860-862.) Consequently, starting on 1/1/25, there will no longer be any differences in calculations for large and small employers.

(4)  Herders’ wages shall not be offset by employer-provided meals or lodging. (Lab. Code §§ 2695.2, 2695.4.)

(5)  Employers of sheepherders and/or goat herders must comply with all record keeping obligations set out in Section 7(A) and (B) of IWC Order 14-2001, and shall provide the herders  with annual notice of their rights under state and federal law, as required under Section 7(D) of the Order.

(6)  The applicable Labor Code and IWC Wage Order provisions contain additional requirements regarding employee housing, meals, meal periods, rest periods, tools and equipment, communications devices, visitor access, and seating.      

(1) YEAR – 2019      (STARTING 1/1/2019)

(A)   EMPLOYER SIZE --- EMPLOYS OVER 25 EMPLOYEES

Minimum monthly wage, excluding OT = $2,133.52
Regular Rate Calculation:  $2,133.52 X 12 = $25,602.24 ÷ 52 = $492.35/week ÷ 168 hours   = $2.93/hour regular rate  (1/2 R.R. = $1.47/hour)
Required OT Calculation:

• Hours worked in excess of 9.5 per day or 55 per week must be paid at 1.5 X R.R.
  
• First 8 hours worked on seventh workday in week must be paid at 1.5 X R.R.
• All hours worked in excess of 8 on seventh workday in week payable at 2 X R.R.`     

168 total hours worked – 55 non-overtime hours worked = 113 OT hours worked, of which 16 OT hours worked on the 7th day of the week in excess of 8th hour that day.

113 OT hours – 16 hours payable at 2X regular rate = 97 hours payable at 1.5X R.R.

(OT premium for 97 hours @ 1.5 X R.R. = .5 X R.R.)     97 hours X $1.47 = $142.59

(OT premium for 16 hours @ 2X R.R. =  1 X R.R.)         16 hours X $2.93 = $  46.88

Total OT owed = $189.47 per week X 52 ÷ 12 = $821.03 OT per month

Minimum Monthly Wage PLUS Required OT Pay = $2,954.55 per month

(B)   EMPLOYER SIZE --- EMPLOYS 25 OR FEWER EMPLOYEES

Minimum monthly wage, excluding OT = $1,955.74

Regular Rate Calculation:  $1,955.74 X 12 = $23,468.88 ÷ 52 = $451.32/week ÷ 168 hours

= $2.69/hour regular rate  (1/2 R.R. = $1.35/hour)  

Required OT Calculation:

• Only OT required is for seventh day worked in workweek, with first 8 hours worked that day payable at 1.5 X R.R., and additional hours worked that day at 2 X R.R.

(OT premium for 8 hours @ 1.5 X R.R. = .5 X R.R.)         8 hours X $1.35 = $10.80

(OT premium for 16 hours @ 2 X R.R.  = 1 X R.R.)        16 hours X $2.69 = $43.04

Total OT owed = $53.84 per week X 52 ÷ 12 = $233.31 per month

Minimum Monthly Wage PLUS Required OT Pay = $2,189.05 per month

(2) YEAR – 2020     (STARTING 1/1/2020)   

(A)   EMPLOYER SIZE --- EMPLOYS OVER 25 EMPLOYEES

Minimum monthly wage, excluding OT = $2,311.24
Regular Rate Calculation:  $2,311.24 X 12 = $27,734.88 ÷ 52 = $533.36/week ÷ 168 hours   = $3.17/hour regular rate  (1/2 R.R. = $1.59/hour)

Required OT Calculation:

• Hours worked in excess of 9 per day or 50 per week must be paid at 1.5 X R.R.
  
• First 8 hours worked on seventh workday in week must be paid at 1.5 X R.R.
  
• All hours worked in excess of 8 on seventh workday in week payable at 2 X R.R.`     

168 total hours worked – 50 non-overtime hours worked = 118 OT hours worked, of which 16 OT hours worked on the 7th day of the week in excess of 8th hour that day.

118 OT hours – 16 hours payable at 2X regular rate = 102 hours payable at 1.5X R.R.

(OT premium for 102 hours @ 1.5 X R.R. = .5 X R.R.)   102 hours X $1.59 = $162.18

(OT premium for 16 hours @ 2X R.R. = 1 X R.R.)            16 hours X $3.17 = $ 50.72

Total OT owed = $212.90 per week X 52 ÷ 12 = $922.57 per month

Minimum Monthly Wage PLUS Required OT Pay = $3,233.81 per month

            (B)   EMPLOYER SIZE --- EMPLOYS 25 OR FEWER EMPLOYEES

Minimum monthly wage, excluding OT = $2,133.52

Regular Rate Calculation:  $2,133.52 X 12 = $25,602.24 ÷ 52 = $492.35/week ÷ 168 hours   = $2.93/hour regular rate  (1/2 R.R. = $1.47/hour)

Required OT Calculation:

• Only OT required is for seventh day worked in workweek, with first 8 hours worked that day payable at 1.5 X R.R., and additional hours worked that day at 2 X R.R.

(OT premium for 8 hours @ 1.5 X R.R. = .5 X R.R.) 8 hours X $1.47 = $11.76

(OT premium for 16 hours @ 2 X R.R.  = 1 X R.R.)            16 hours X $2.93 = $46.88

Total OT owed = $58.64 per week X 52 ÷ 12 = $254.11 per month

Minimum Monthly Wage PLUS Required OT Pay =  $2,387.63 per month

(3) YEAR – 2021      (STARTING 1/1/2021)    

(A)   EMPLOYER SIZE --- EMPLOYS OVER 25 EMPLOYEES

Minimum monthly wage, excluding OT = $2,488.97

Regular Rate Calculation:  $2,488.97 X 12 = $29,867.64 ÷ 52 = $574.38/week ÷ 168 hours   = $3.42/hour regular rate  (1/2 R.R. = $1.71/hour)

Required OT Calculation:

• Hours worked in excess of 8.5 per day or 45 per week must be paid at 1.5 X R.R.
  
• First 8 hours worked on seventh workday in week must be paid at 1.5 X R.R.
  
• All hours worked in excess of 8 on seventh workday in week payable at 2 X R.R.`     

168 total hours worked – 45 non-overtime hours worked = 123 OT hours worked, of which 16 OT hours worked on the 7th day of the week in excess of 8th hour that day.

123 OT hours – 16 hours payable at 2X regular rate = 107 hours payable at 1.5X R.R.

(OT premium for 107 hours @ 1.5 X R.R. = .5 X R.R.) 107 hours X $1.71 = $182.97

(OT premium for 16 hours @ 2X R.R. = 1 X R.R.) 16 hours X $3.42 = $ 54.72

Total OT owed = $237.69 per week X 52 ÷ 12 = $1,029.99 per month

Minimum Monthly Wage PLUS Required OT Pay = $3,518.96 per month

(B) EMPLOYER SIZE --- EMPLOYS 25 OR FEWER EMPLOYEES

Minimum monthly wage, excluding OT = $2,311.24
Regular Rate Calculation:  $2,311.24 X 12 = $27,734.88 ÷ 52 = $533.36/week ÷ 168 hours   = $3.17/hour regular rate  (1/2 R.R. = $1.59/hour)

Required OT Calculation:

• Only OT required is for seventh day worked in workweek, with first 8 hours worked that day payable at 1.5 X R.R., and additional hours worked that day at 2 X R.R.

(OT premium for 8 hours @ 1.5 X R.R. = .5 X R.R.) 8 hours X $1.59 = $12.72

(OT premium for 16 hours @ 2 X R.R. = 1 X R.R.)              16 hours X $3.17 = $50.72

Total OT owed = $63.44 per week X 52 ÷ 12 = $274.91 per month

Minimum Monthly Wage PLUS Required OT Pay = $2,586.15 per month

(4) YEAR – 2022      (STARTING 1/1/2022)    

(A) EMPLOYER SIZE --- EMPLOYS OVER 25 EMPLOYEES

Minimum monthly wage, excluding OT = $2,666.68

Regular Rate Calculation:  $2,666.68 X 12 = $32,000.16 ÷ 52 = $615.39/week ÷ 168 hours   = $3.66/hour regular rate  (1/2 R.R. = $1.83/hour)

Required OT Calculation:

• Hours worked in excess of 8 per day or 40 per week must be paid at 1.5 X R.R.
  
• Hours worked in excess of 12 in any day must be paid at 2 X R.R.
  
• First 8 hours worked on seventh workday in week must be paid at 1.5 X R.R.
  
• All hours worked in excess of 8 on seventh workday in week payable at 2 X R.R`     

168 total hours worked – 40 non-overtime hours worked = 128 OT hours worked, of which:   88 hours are payable at 2 X R.R (12 hours per day X 6 days PLUS 16 hours on seventh day of the workweek), leaving 40 OT hours payable at 1.5 X R.R.

(OT premium for 40 hours @ 1.5 X R.R. = .5 X R.R.) 40 hours X $1.83 = $ 73.20

(OT premium for 16 hours @ 2X R.R. = 1 X R.R.) 88 hours X $3.66 = $322.08

Total OT owed = $395.28 per week x 52 ÷ 12 = $1,712.88 per month

Minimum Monthly Wage PLUS Required OT Pay = $4,379.56 per month

(B)   EMPLOYER SIZE --- EMPLOYS 25 OR FEWER EMPLOYEES

Minimum monthly wage, excluding OT = $2,488.97
Regular Rate Calculation:  $2,488.97 X 12 = $29,867.64 ÷ 52 = $574.38/week ÷ 168 hours   = $3.42/hour regular rate  (1/2 R.R. = $1.71/hour)
Required OT Calculation:

• Hours worked in excess of 9.5 per day or 55 per week must be paid at 1.5 X R.R.
  
• First 8 hours worked on seventh workday in week must be paid at 1.5 X R.R.
  
• All hours worked in excess of 8 on seventh workday in week payable at 2 X R.R.`     

168 total hours worked – 55 non-overtime hours worked = 113 OT hours worked, of which 16 OT hours worked on the 7th day of the week in excess of 8th hour that day.

113 OT hours – 16 hours payable at 2X regular rate = 97 hours payable at 1.5X R.R.

(OT premium for 97 hours @ 1.5 X R.R. = .5 X R.R.) 97 hours X $1.71 = $165.87

(OT premium for 16 hours @ 2X R.R. =  1 X R.R.) 16 hours X $3.42 = $ 54.72

Total OT owed = $220.59 per week X 52 ÷ 12 = $955.89 per month

Minimum Monthly Wage PLUS Required OT Pay = $3,444.86 per month

(5) YEAR – 2023      (STARTING 1/1/2023)    

(A)   EMPLOYER SIZE --- EMPLOYS OVER 25 EMPLOYEES

Minimum monthly wage, excluding OT = $2,755.48

Regular Rate Calculation:  $2,755.48 X 12 = $33,065.76 ÷ 52 = $635.88/week ÷ 168 hours     = $3.79/hour regular rate        (1/2 R.R. = $1.89/hour)

Required OT Calculation:

• Hours worked in excess of 8 per day or 40 per week must be paid at 1.5 X R.R.
• Hours worked in excess of 12 in any day must be paid at 2 X R.R.
• First 8 hours worked on seventh workday in week must be paid at 1.5 X R.R.
• All hours worked in excess of 8 on seventh workday in week payable at 2 X R.R.
`     

(B)   EMPLOYER SIZE --- EMPLOYS 25 OR FEWER EMPLOYEES

Minimum monthly wage, excluding OT = $2,755.48

Regular Rate Calculation:  $2,755.48 X 12 = $33,065.76 ÷ 52 = $635.88/week ÷ 168 hours     = $3.79/hour regular rate        (1/2 R.R. = $1.89/hour)

Required OT Calculation:

• Hours worked in excess of 9 per day or 50 per week must be paid at 1.5 X R.R.
• First 8 hours worked on seventh workday in week must be paid at 1.5 X R.R.
• All hours worked in excess of 8 on seventh workday in week payable at 2 X R.R. 
       168 total hours worked – 50 non-overtime hours worked = 118 OT hours worked, of   which 16 OT hours worked on the 7th day of the week in excess of 8th hour that day.

118 OT hours – 16 hours payable at 2X regular rate = 102 hours payable at 1.5X R.R.

(OT premium for 102 hours @ 1.5 X R.R. = .5 X R.R.)    102 hours X $1.89 = $192.78

(OT premium for 16 hours @ 2X R.R. =  1 X R.R.)           16 hours X $3.79 = $60.64

Total OT owed = $253.42 per week X 52 ÷ 12 = $1,098.15 per month

Minimum Monthly Wage PLUS Required OT Pay = $3,853.63 per month

(6)  YEAR – 2024      (STARTING 1/1/2024)    

            (A)   EMPLOYER SIZE --- EMPLOYS OVER 25 EMPLOYEES

Minimum monthly wage, excluding OT = $2,844.48

Regular Rate Calculation:  $2,844.48 X 12 = $34,133.76 ÷ 52 = $656.42/week ÷ 168 hours   = $3.91/hour regular rate        (1/2 R.R. = $1.96/hour)

Required OT Calculation:

• Hours worked in excess of 8 per day or 40 per week must be paid at 1.5 X R.R.
• Hours worked in excess of 12 in any day must be paid at 2 X R.R.
• First 8 hours worked on seventh workday in week must be paid at 1.5 X R.R.
• All hours worked in excess of 8 on seventh workday in week payable at 2 X R.R.

            (B)   EMPLOYER SIZE --- EMPLOYS 25 OR FEWER EMPLOYEES

Minimum monthly wage, excluding OT = $2,844.48

Regular Rate Calculation:  $2,844.48 X 12 = $34,133.76 ÷ 52 = $656.42/week ÷ 168 hours   = $3.91/hour regular rate        (1/2 R.R. = $1.96/hour)

Required OT Calculation:

• Hours worked in excess of 8.5 per day or 45 per week must be paid at 1.5 X R.R.
• First 8 hours worked on seventh workday in week must be paid at 1.5 X R.R.
• All hours worked in excess of 8 on seventh workday in week payable at 2 X R.R. 
      

September 2023