BILL ANALYSIS Ó
AB 1398
Page 1
Date of Hearing: May 18, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1398 (Chesbro) - As Amended: March 31, 2011
Policy Committee: Labor Vote:6-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill extends, from January 1, 2012 to January 2017, the
authority of the Labor Commissioner (LC) to allow minors 16 or
17 years of age who reside in Lake County to work in
agricultural packing plants up to 60 hours per week during peak
harvest season.
FISCAL EFFECT
Minor cost to the LC to continue producing an annual report on
working conditions in the Lake County agricultural packing
industry.
COMMENTS
1)Background . Existing law limits 16 and 17-year old minors to
no more than an eight-hour work day and a 48-hour work week
when school is not in session (lower limits apply during the
school year). However, the LC is permitted to issue exemptions
allowing 16 and 17-year-olds to work in packing plants for up
to 10 hours per day and 48 hours per week during peak harvest
season when school is not in session. In the case of Lake
County, legislation passed in 1996 allows the LC to authorize
packing plants to employ 16 and 17 year-olds for up to 10
hours per day and 60 hours per week, if (a) the minors reside
in Lake County, and (b) the LC has obtained written approval
of the Lake County Office of Education. Authority for this
enhanced exemption expires on January 1, 2012. The exemption
has been extended three times, in 2001, 2004, and 2007.
AB 1398
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2)Rationale . Lake County has experienced significant labor
shortages during the peak harvest season, partly because the
harvest season coincides with the peak tourist season in the
county. According to the Scully Packing Company located in
Lake County, "Last year 29 students worked in our county pear
sheds. Many of them earn enough that they do not need to work
during the school year. They use their earnings toward
college, school clothes, senior year expenses, car insurance,
and other items which their family budgets might not
ordinarily support."
This bill extends, from January 1, 2012 to January 2017, the
authority of the LC to allow minors 16 or 17 years of age who
reside in Lake County to work in agricultural packing plants
up to 60 hours per week during peak harvest season.
3)Existing law requires an employer who employs minors under
this statute, on or before March 1 of each year, to file a
written report to the LC that contains specified information,
including the number of minors employed, the general working
conditions of the minors, number of workplace injuries that
occurred to minors, and a summary of inspections.
According to the 2010 Report on Employment of Minors in
Agricultural Packing Plants, one employer in Lake County
submitted exemption requests to employ minors at two
locations. The LC granted the exemption for both locations.
This same employer received an exemption in 2009. According
to the report, "At the conclusion of the 2009 season, one
employer who historically held an approved exemption was
found, upon inspection, to be in violation of multiple wage
and hour laws, and was cited. This employer was told at the
end of the 2009 season that it would not be eligible for an
exemption for the 2010 season and did not apply."
The report revealed the employer who received the exemption in
employed a total of 24 minors aged 16 and 17 years old during
the 2010 peak packing season. Of those 24, one individual
turned 18 early in the season. Two 15-year-olds were employed
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on a schedule of no more than eight hours per day and/or 40
hours a week.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081