KEY AG OVERTIME ISSUES TO REMEMBER

While dairy workers are entitled to receive overtime pay for all hours worked over 40 in a workweek, the law establishes a gradual phase-in period for full overtime eligibility for all other agricultural workers.

• Dairy farm employees are entitled to overtime pay as of July 2021 when they work more than 40 hours. 
• All other agricultural employees overtime threshold will phase in starting January 1, 2022. 
  • January 1, 2022 - Overtime after 55 hours
  • January 1, 2023 - Overtime after 48 hours
  • January 1, 2024 - Overtime after 40 hours
• No damages or penalties can be granted against an agricultural employer for any claims of unpaid overtime worked prior to November 5, 2020. 
• If an employer is looking to classify an employee as salaried and exempt from overtime under the allowances of the Executive, Administrative, and Professionals (EAP) allowances the exempt employee must pass a job duties test, and minimum salary test. Guidance on EAP requirements can be found HERE.