1/8/25 Agricultural Overtime Threshold Decreasing in the New Year

January 8, 2025

By Hannah LaChance & Lex Shvartsmann

Among the flurry of legal changes that took effect January 1, 2025, employers should be aware of an updated overtime threshold for agriculture workers that was included in these changes.

Currently, most workers in agriculture receive overtime pay when they work more than 55 hours per week. Beginning January 1, 2025, HB 4002 (2022) became effective, reducing the number of hours an agricultural worker must work in order to be eligible for overtime pay to 48 hours in a workweek. Accordingly, agricultural workers must be paid one and one-half times their regular rate of pay for all time worked in excess of 48 hours a week beginning on January 1, 2025. Although there are a few exemptions to this rule, they are very limited and likely to be closely scrutinized by BOLI. Accordingly, employers should take care in their application and may wish to consult with counsel prior to engaging exemptions to the rule.

Beginning in 2027, agricultural workers will be subject to the same overtime threshold as non-agricultural employees.

As a reminder, the Fair Labor Standards Act requires that employers pay their employees at least minimum wage for all hours worked and one and one-half times an employee’s regular rate for time worked in excess of 40 hours in a workweek.

For questions on overtime pay other employment matters contact Hannah LaChance at 503-276-2112 or hlachance@barran.com.