BILL NUMBER: SB 857	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator Lieu

                        FEBRUARY 18, 2011

    An act to amend Section 1393.5 of the Labor Code,
relating to employment.   An act to add Section 3333.6
to the Civil Code, relating to civil damages. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 857, as amended, Lieu.  Employment of minors:
agricultural packing plants.   Civil damages.  

   Existing law provides that for the breach of an obligation arising
from contract, the measure of damages is the amount which will
compensate the party aggrieved for all the detriment proximately
caused thereby, or which, in the ordinary course of things, would be
likely to result therefrom, except as specified. Existing law
provides that the measure of damages for a breach of an obligation
not arising from contract is the amount that will compensate for all
the detriment proximately caused.  
   This bill would prohibit a person, in any action to recover
damages due to an unlawful strike, from recovering damages resulting
from expenses incurred by the employer in anticipation of, or in
preparation for, the strike. The bill would define "unlawful strike"
as any strike that has been determined unlawful by the Public
Employment Relations Board.  
   Existing law prescribes limits on the hours of employment of
minors, but authorizes the Labor Commissioner to grant an exemption
to employers operating agricultural packing plants for employment of
minors 16 and 17 years of age for up to 10 hours on days when school
is not in session, during the peak harvest season. Under existing
law, which will be repealed January 1, 2012, that exemption may
additionally authorize employment of a minor who is enrolled in a
school in Lake County to be employed for more than 48, but not more
than 60, hours a week upon prior written approval by the Lake County
Board of Education. Existing law requires the Labor Commissioner to
report annually to the Legislature regarding the working conditions
of minors employed in the agricultural packing industry. 

   This bill would extend the operation of the Lake County exemption
and the requirement that the Labor Commissioner report annually until
January 1, 2014. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 3333.6 is added to the 
 Civil Code   , to read:  
   3333.6.  (a) In any action to recover damages due to an unlawful
strike, a person shall not recover damages resulting from expenses
incurred by the employer in anticipation of, or in preparation for,
the strike.
   (b) For the purposes of this section, "unlawful strike" means any
strike that has been determined unlawful by the Public Employment
Relations Board.  
  SECTION 1.    Section 1393.5 of the Labor Code is
amended to read:
   1393.5.  (a) Notwithstanding any other provision of this article
or Article 2 (commencing with Section 49110) of Chapter 7 of Part 27
of Division 4 of Title 2 of the Education Code, an exemption issued
pursuant to Section 1393 may authorize the employment during the peak
harvest season of a minor, 16 or 17 years of age who resides in Lake
County, during any day in which school is not in session for up to
10 hours per day and more than 48 hours but not more than 60 hours in
any one week, only upon the prior written approval of the Lake
County Office of Education.
   (b) Each year, the Labor Commissioner, prior to issuing or
renewing an exemption under this section, shall inspect the affected
agricultural packing plant.
   (c) As a condition of receiving an exemption or a renewal of an
exemption under this section, an affected employer shall, on or
before March 1 of each year, file a written report to the Labor
Commissioner that contains the following employment information
regarding the employer's prior year's payroll:
   (1) The number of minors employed by that employer.
   (2) A list of the age and hours worked on a weekly basis of each
minor employed.
   (d) Notwithstanding Chapter 24 (commencing with Section 7550) of
Division 7 of Title 1 of the Government Code, the Labor Commissioner
shall submit a written report to the Legislature, on or before March
1 of each year, that describes the general working conditions of
minors employed in the agricultural packing industry during the past
year, and that includes all of the following information:
   (1) The number of minors employed in the agricultural packing
industry.
   (2) The number of exemptions issued, renewed, or denied pursuant
to this section.
   (3) A summary of the inspections conducted by the Labor
Commissioner pursuant to this section.
   (4) The number of workplace injuries that occurred to minors at
agricultural packing plants.
   (5) The number of violations of labor laws and regulations that
occurred at agricultural packing plants.
   (e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed.