Cal. Codes » Labor Code / DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION / PART 3.5. AGRICULTURAL LABOR RELATIONS / CHAPTER 5. Labor Representatives and Elections
California Codes

Cal. Labor Code § 1156.4 (2026)

Labor Representatives and Elections

✓ current as of May 2026
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Recognizing that agriculture is a seasonal occupation for a majority of agricultural employees, and wishing to provide the fullest scope for employees’ enjoyment of the rights included in this part, the board shall not consider a representation petition or a petition to decertify as timely filed unless the employer’s payroll reflects 50 percent of the peak agricultural employment for such employer for the current calendar year for the payroll period immediately preceding the filing of the petition.

In this connection, the peak agricultural employment for the prior season shall alone not be a basis for such determination, but rather the board shall estimate peak employment on the basis of acreage and crop statistics which shall be applied uniformly throughout the State of California and upon all other relevant data.

Notes of Decisions
Cited in 1 case, 1994–1994 · leading case: Scheid Vineyards & Mgmt. Co. v. Agric. Labor Relations Bd., 22 Cal. App. 4th 139 (Cal. Ct. App. 1994).
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Scheid Vineyards & Mgmt. Co. v. Agric. Labor Relations Bd., 22 Cal. App. 4th 139 (Cal. Ct. App. 1994). · cites it 2× “Did any of Scheid’s arguments present “novel legal issues” which would make application of the makewhole remedy inappropriate? Analysis Labor Code section 1156.4 provides: “Recognizing that agriculture is a seasonal occupation for a majority of agricultural employees, and…”
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