The definition of what constitutes "agriculture occupation" is defined under The Industrial Welfare Commission Order No. 14-2001, which states, in part:
(D) Employed in an agricultural occupation, means any of the following described occupations: (1) The preparation, care, and treatment of farm land, pipeline, or ditches, including leveling for agricultural purposes, plowing, discing, and fertilizing the soil; (2) The sowing and planting of any agricultural or horticultural commodity; (3) The care of any agricultural or horticultural commodity,; as used in this subdivision, care includes, but is not limited to, cultivation, irrigation, weed control, thinning, heating, pruning, or tying, fumigating, spraying, and dusting; (4) The harvesting of any agricultural or horticultural commodity, including but not limited to, picking, cutting, threshing, mowing, knocking off, field chopping, bunching, baling, balling, field packing, and placing in field containers or in the vehicle in which the commodity will be hauled, and transportation on the farm or to a place of first processing or distribution; (5) The assembly and storage of any agricultural or horticultural commodity, including but not limited to, loading, road siding, banking, stacking, binding, and piling; (6) The raising, feeding and management of livestock, fur bearing animals, poultry, fish, mollusks, and insects, including but not limited to herding, housing, hatching, milking, shearing, handling eggs, and extracting honey; (7) The harvesting of fish, as defined by Section 45 of the Fish and Game Code, for commercial sale; (8) The conservation, improvement or maintenance of such farm and its tools and equipment.
Pursuant to the Department of Industrial Relations Assembly Bill 1066, commencing January 1, 2022, employers with 26 or more employees must pay agriculture workers overtime after 8 hours in a day or 40 hours in a week. Employers with 25 or fewer employees must pay agriculture workers overtime after 9.5 hours per day or 55 hours per week.
The Fair Labor Standards Act (FLSA) does not address part-time employment. Whether an employee is considered full-time or part-time does not change the application of the FLSA.