HEMP AGRICULTURAL LABOR& WORKFORCE COMPLIANCE
Hemp cultivation employers in California operate under a distinct agricultural labor regulatory framework — one governed by the California Agricultural Labor Relations Act, enforced by county agricultural commissioners and the ALRB, and layered with DPR pesticide safety training requirements that have no equivalent in the cannabis industry. The Law Office of Shay Aaron Gilmore advises hemp cultivators, processors, and manufacturers on building compliant agricultural workforce structures, navigating ALRA organizing campaigns, and managing the transition from hemp-only employment to combined cannabis-hemp operations that trigger DCC employment obligations.
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The Agricultural Labor Relations Framework for Hemp Cultivators
Whether hemp cultivation employees are covered by the NLRA (federal) or the ALRA (California) depends on the nature of the work performed — and the answer determines which agency has jurisdiction over organizing campaigns, unfair labor practice charges, and collective bargaining rights.
NLRA vs. ALRA — The Agricultural Exemption
The NLRA explicitly exempts “agricultural laborers” from its coverage (29 U.S.C. §152(3)), meaning employees who perform agricultural labor — as defined under the Internal Revenue Code (26 U.S.C. §3121(g)) — are not covered by federal labor law and may not file NLRB election petitions or NLRB unfair labor practice charges. California’s Agricultural Labor Relations Act (Labor Code §1140 et seq.) fills this gap for California agricultural workers, giving hemp cultivation employees the right to organize, bargain collectively, and engage in concerted activity under state law — with the ALRB administering elections and investigating unfair agricultural labor practices.
The critical distinction for hemp operators:
- Hemp cultivation workers (planting, maintaining, harvesting) are generally agricultural laborers covered by the ALRA, not the NLRA
- Hemp processing and manufacturing workers (extraction, infusion, packaging, distribution) are generally covered by the NLRA, not the ALRA
- Mixed operations (same workforce performs both cultivation and processing) present a classification question that requires analysis of the primary duty of the workforce and the nature of the operation
DPR Pesticide Safety Training Requirements
Hemp cultivation employers are required by the California Department of Pesticide Regulation to comply with Worker Safety Regulations (3 CCR §6700 et seq.), which require:
- Annual pesticide safety training for all agricultural workers and handlers before they perform work in treated fields or handle pesticide products (3 CCR §6724)
- Field posting and oral warnings before workers enter a field treated with a pesticide with a restricted-entry interval (3 CCR §6761–6770)
- Decontamination facilities — soap, water, and clean change areas — within one-quarter mile of all work sites and accessible to workers during work hours (3 CCR §6734)
- Emergency medical care — operators must ensure that appropriate emergency medical treatment is available and that workers can be transported to medical facilities in the event of pesticide exposure
- Pesticide safety information display — the DPR Pesticide Safety Information Series leaflets must be posted in a central location accessible to workers (3 CCR §6723)
County agricultural commissioners enforce DPR worker safety regulations for hemp cultivation sites — the same commissioners who enforce CDFA hemp registration compliance.
IWC Wage Order 14 — Agricultural Occupations
Hemp cultivation workers are covered by IWC Wage Order 14 (Agricultural Occupations), which differs from the wage orders that apply to cannabis operations in several important respects:
| Wage and Hour Element | Wage Order 14 (Hemp Cultivation) | General Industry Wage Orders (Cannabis Operations) |
|---|---|---|
| Overtime threshold | 10 hours/day; 60 hours/week (not 8/40) | 8 hours/day; 40 hours/week |
| Double time threshold | Over 10 hours after working 6 consecutive days | Over 12 hours/day; over 8 hours on 7th consecutive day |
| Piece-rate obligation (Labor Code §226.2) | Applies | Applies |
| Meal period (30 min.) | After 5 hours worked | After 5 hours worked |
| Rest period (10 min.) | Per 4 hours worked | Per 4 hours worked |
| Housing and transportation deductions | Permitted with written agreement | Not applicable |
| Minimum wage | California statewide minimum | California statewide minimum |
Hemp processing and manufacturing workers (as opposed to cultivation workers) are covered by IWC Wage Order 1 (Manufacturing) or Wage Order 7 (Mercantile), not Wage Order 14. Operators with mixed cultivation-and-processing workforces must track which Wage Order applies to each employee’s duties.
ALRA Organizing Rights and Hemp Employer Obligations
Hemp cultivation employers in California are subject to the Agricultural Labor Relations Act, which grants agricultural workers the right to organize and bargain collectively under state law. ALRA proceedings are administered by the Agricultural Labor Relations Board.
ALRA Election Procedures
Under the ALRA, agricultural workers may petition the ALRB for a representation election when at least 50% of the peak seasonal workforce is employed. The ALRB has authority to conduct a rapid election (within 48 hours of the petition in some circumstances) during the peak harvest season. Hemp harvest employers must be prepared to respond to ALRA election petitions quickly — the compressed timeline for agricultural elections means there is little time to consult counsel after a petition is filed. Pre-season labor relations planning is essential.
ALRA Unfair Agricultural Labor Practices
Conduct that constitutes an unfair agricultural labor practice (UALP) under the ALRA (Labor Code §1153) includes:
- Interfering with, restraining, or coercing agricultural workers in the exercise of their ALRA organizing rights
- Dominating or interfering with the formation or administration of a labor organization
- Discriminating against employees in terms of employment to discourage ALRA membership
- Refusing to bargain in good faith with a certified agricultural labor organization
- Retaliating against employees for filing ALRB charges or giving testimony in ALRB proceedings
The ALRB has the authority to order reinstatement with back pay, cease-and-desist orders, and affirmative remedies for UALP violations.
Cannabis vs. Hemp: Agricultural Labor and Workforce Compliance
| Dimension | Cannabis Operator | Hemp Cultivator |
|---|---|---|
| Primary labor law | NLRA (non-agricultural); ALRA may apply to cultivation | ALRA (cultivation); NLRA (processing/manufacturing) |
| Labor relations board | NLRB | ALRB (cultivation); NLRB (processing) |
| Wage order | Varies (Wage Orders 1, 4, 7 depending on operation type) | Wage Order 14 (Agricultural) for cultivation workers |
| Overtime threshold | 8 hours/day; 40 hours/week | 10 hours/day; 60 hours/week (Wage Order 14) |
| Pesticide safety training | Not required (DCC regulates, not DPR) | Required annually — 3 CCR §6724 |
| DPR enforcement | Not applicable | County agricultural commissioner |
| LPA requirement | Yes — 10+ employees under DCC licensing | No — MAUCRSA does not apply |
| CDFA registration | Not applicable | CDFA Industrial Hemp Program registration required |
| H-2A visa workers | Uncommon | Applicable for seasonal agricultural workers |
| Social equity conditions | May apply — local equity programs | Not applicable |
Representative Matters
Representative employment and labor law matters in hemp agricultural labor include:
- Counseled a hemp processor in the North Coast region on the transition from agricultural to general-industry labor law coverage for its processing workforce, clarifying which Wage Order (14 vs. 1) applied to each employee group and restructuring time-and-attendance practices to eliminate mixed-classification wage and hour exposure.
- Assisted a hemp cultivator with DPR worker safety compliance following a county agricultural commissioner inspection that identified gaps in pesticide safety training documentation and decontamination facility availability under 3 CCR §6734.
Frequently Asked Questions
Hemp cultivation workers in California — those who perform planting, tending, and harvesting of hemp crops — are generally classified as agricultural laborers and are therefore exempt from NLRA coverage (29 U.S.C. §152(3)). They are instead covered by California’s Agricultural Labor Relations Act (Labor Code §1140 et seq.), which gives them the right to organize and collectively bargain under state law, with the ALRB administering elections and investigating unfair labor practices. Hemp processing workers (extraction, infusion, packaging) are generally covered by the NLRA rather than the ALRA.
IWC Wage Order 14 governs wages, hours, and working conditions for agricultural occupations, including hemp cultivation workers. The most significant difference from general-industry wage orders is the overtime threshold: under Wage Order 14, overtime begins after 10 hours per day and 60 hours per week (not the standard 8/40 threshold). This means hemp cultivation employers can schedule workers for longer daily shifts during peak season without incurring overtime at the same rate as a cannabis manufacturer would. However, all other California wage and hour protections — meal periods, rest periods, minimum wage, piece-rate rules, and PAGA — apply to agricultural workers in the same way they apply to all other California employees.
Under 3 CCR §6724, hemp cultivation employers must provide annual pesticide safety training to all agricultural workers and handlers before they perform work in treated fields. The training must cover: safe use of pesticides; first aid and emergency medical procedures; the right to access pesticide safety information; and the meaning of pesticide labels and safety data sheets. Training must be documented in writing, and records must be retained for two years and be available for inspection by county agricultural commissioners. Failure to provide required pesticide training is a DPR worker safety violation that can result in county commissioner citations and, in cases of pesticide exposure incidents, significant civil liability.
No. The labor peace agreement requirement under Business and Professions Code §26051.5 applies specifically to DCC-licensed cannabis businesses. Hemp cultivation operations registered under the CDFA’s Industrial Hemp Program are not subject to MAUCRSA and are not required to enter into a labor peace agreement as a condition of CDFA registration. However, if a hemp operator also holds or applies for a DCC cannabis license, the LPA requirement applies to the cannabis-licensed operations once the 10-employee threshold is reached — regardless of the size of the hemp workforce.
ALRA election petitions may be filed when at least 50% of the peak seasonal workforce is employed, and the ALRB has authority to conduct elections on an expedited timeline — in some circumstances within 48 hours of a petition during peak harvest season. This compressed timeline means hemp cultivation employers must address labor relations planning before the harvest season begins, not after a petition is filed. Pre-season planning should include: reviewing and updating employment policies for ALRA compliance; training supervisors on lawful and unlawful responses to organizing activity; ensuring that all employee communications about working conditions are consistent with ALRA neutrality obligations; and retaining labor counsel who can respond quickly to a filed petition.
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