An act relating to greenhouse gases. to amend Section 859 of the Labor Code, relating to employment.
Summary
SB 801 is a California bill that combines two related but distinct changes. First, it amends Labor Code Section 859 so that, for purposes of the Phase-In Overtime for Agricultural Workers Act of 2016, the definition of “employed in an agricultural occupation” would exclude sheepherders and goat herders as defined in the applicable Industrial Welfare Commission order. That means those workers would be treated differently from other agricultural employees for overtime purposes under that chapter.
Second, the bill states the Legislature’s intent to enact future legislation requiring the state to consider any potential cost burden to Californians while pursuing climate goals, including greenhouse gas reduction targets under the California Global Warming Solutions Act of 2006. As drafted, this climate-related provision is an intent statement rather than an operative regulatory change, so it does not itself alter emissions targets or the Air Resources Board’s existing duties.
Impact
The bill would narrow the reach of the agricultural overtime definition in Labor Code Section 859 by carving out sheepherders and goat herders from the definition used for the Phase-In Overtime for Agricultural Workers Act of 2016. In practical terms, that could affect wage and hour coverage for those workers and the employers who hire them, while leaving the broader overtime framework for other agricultural occupations intact. The climate portion would not immediately amend the Global Warming Solutions Act or Air Resources Board requirements, but it signals possible future legislation focused on cost considerations in climate policy.
Sentiment
Based on the available record, the bill appears to have been presented in a relatively limited and technical form, with no committee transcript or recorded votes showing active debate in the materials provided. The digest indicates a majority key vote, but there is no evidence in the supplied context of formal opposition or support statements. Overall, the measure reads as a targeted labor-law clarification paired with a policy statement on climate affordability, suggesting a mixed but not highly contentious posture in the available record.
Contention
The main potential point of contention is the agricultural labor provision, because excluding sheepherders and goat herders from the agricultural occupation definition could reduce overtime protections or create a special rule for a small class of workers. Labor advocates could view that as a narrowing of worker protections, while agricultural employers may see it as a needed clarification or exemption. The climate-related language could also be debated by those who favor stronger emissions policy versus those who want explicit consideration of consumer and household cost burdens, but the bill text itself only expresses intent and does not yet impose that requirement.
An Act to amend and reenact §§ 2.2-2751, 2.2-4321.3, 11-4.6, 40.1-28.7:7, 40.1-28.12, 40.1-29, 40.1-29.2, 40.1-29.3, 53.1-40.02, and 53.1-202.3 of the Code of Virginia, relating to labor and employment; payment of wages; minimum wage and overtime wages; misclassification of workers; civil actions.