Amended in Senate January 4, 2016

Senate Bill No. 702

Introduced by Senator McGuire

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(Coauthor: Assembly Member Dodd)

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February 27, 2015

An act to amend Section begin delete 2810.5 end delete begin insert 1393.5 end insert of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

SB 702, as amended, McGuire. begin delete Employment: employer obligations. end delete begin insert Employment of minors: agricultural packing plants. end insert

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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 the 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.

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Existing law provides an exception to those provisions for the County of Lake by limiting the employer exemption that may be issued by the Labor Commissioner to the employment of minors, 16 or 17 years of age, who reside in the County of Lake, and only on days when school is not in session, for up to 10 hours a day, as well as for more than 48 hours but not more than 60 hours in a week, upon prior written approval of the Lake County Office of Education.

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Existing law also requires the Labor Commissioner, prior to issuing the County of Lake exemption or renewing an exemption, to inspect an affected agricultural packing plant. Existing law require the Labor Commissioner to file a written report with the Legislature on or before November 1, 2016, describing the general working conditions of minors employed in the agricultural packing industry during the period from March 1, 2011, to October 1, 2016, inclusive, as specified. Existing law further requires an affected employer, on or before March 1 of each year, as a condition of receiving that exemption or a renewal of that exemption, to file a written report to the Labor Commissioner, as specified. These provisions are set to expire on January 1, 2017.

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This bill would extend the operation of the exception pertaining to the employment of minors in the County of Lake until January 1, 2027. It would additionally require the Labor Commissioner to report to the Legislature on or before November 1, 2025, on the working conditions for the period from October 1, 2016, to October 1, 2025, inclusive.

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Existing law requires an employer to post specified wage and hour information in a location where it can be viewed by employees. Existing law further requires an employer to provide each employee, as defined, at the time of hiring, with a notice that specifies the rate and the basis of the employee’s wages and to notify each employee in writing of any changes to the information set forth in the notice, as specified. Existing law requires, if the employer is a temporary services employer, as defined, the notice to include the name, physical address of the main office, the mailing address, if different from the physical address, and the telephone number of the legal entity for whom the employee will perform work.

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This bill would require the temporary services employer to include in the notice the email address, if one is on file with the temporary services employer, of the legal entity for whom the employee will perform work.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert This act shall be known, and may be cited, as the
County of Lake Teen Employment and Training Act. end insert

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begin insert SEC. 2. end insert   

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begin insert Section 1393.5 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

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 begin delete Lake County, end delete begin insert the County of Lake end insert 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 begin delete Lake County end delete
begin insert County of Lake end insert 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 October 1 of each year, file a written report to the Labor
Commissioner that contains the following employment information
regarding the employer’s payroll for the same year up to September
15:

(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 November 1, 2016, that describes the general working
conditions of minors employed in the agricultural packing industry
during the period from March 1, 2011, to October 1, 2016,
inclusive, 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.

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(e) 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 November 1, 2025, that describes the general working
conditions of minors employed in the agricultural packing industry
during the period from October 1, 2016, to October 1, 2025,
inclusive, and that includes for this period all the information
described in paragraphs (1) to (5), inclusive, of subdivision (d).

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(e)

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begin insert ( end insert begin insert f) end insert  This section shall remain in effect only until January 1, begin delete 2017, end delete
begin insert 2027, end insert and as of that date is repealed.

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SECTION 1.  

Section 2810.5 of the Labor Code is amended to
read:

2810.5.  

(a) (1) At the time of hiring, an employer shall provide
to each employee a written notice, in the language the employer
normally uses to communicate employment-related information
to the employee, containing the following information:

(A) The rate or rates of pay and basis thereof, whether paid by
the hour, shift, day, week, salary, piece, commission, or otherwise,
including any rates for overtime, as applicable.

(B) Allowances, if any, claimed as part of the minimum wage,
including meal or lodging allowances.

(C) The regular payday designated by the employer in
accordance with the requirements of this code.

(D) The name of the employer, including any “doing business
as” names used by the employer.

(E) The physical address of the employer’s main office or
principal place of business, and a mailing address, if different.

(F) The telephone number of the employer.

(G) The name, address, and telephone number of the employer’s
workers’ compensation insurance carrier.

(H) That an employee: may accrue and use sick leave; has a
right to request and use accrued paid sick leave; may not be
terminated or retaliated against for using or requesting the use of
accrued paid sick leave; and has the right to file a complaint against
an employer who retaliates.

(I) Any other information the Labor Commissioner deems
material and necessary.

(2) The Labor Commissioner shall prepare a template that
complies with the requirements of paragraph (1). The template
shall be made available to employers in the manner determined
by the Labor Commissioner.

(3) If the employer is a temporary services employer, as defined
in Section 201.3, the notice described in paragraph (1) must also
include the name, the physical address of the main office, the
mailing address if different from the physical address of the main
office, email address, if one is on file with the temporary services
employer, and the telephone number of the legal entity for whom
the employee will perform work, and any other information the
Labor Commissioner deems material and necessary. The
requirements of this paragraph do not apply to a security services
company that is licensed by the Department of Consumer Affairs
and that solely provides security services.

(b) An employer shall notify his or her employees in writing of
any changes to the information set forth in the notice within seven
calendar days after the time of the changes, unless one of the
following applies:

(1) All changes are reflected on a timely wage statement
furnished in accordance with Section 226.

(2) Notice of all changes is provided in another writing required
by law within seven days of the changes.

(c) For purposes of this section, “employee” does not include
any of the following:

(1) An employee directly employed by the state or any political
subdivision thereof, including any city, county, city and county,
or special district.

(2) An employee who is exempt from the payment of overtime
wages by statute or the wage orders of the Industrial Welfare
Commission.

(3) An employee who is covered by a valid collective bargaining
agreement if the agreement expressly provides for the wages, hours
of work, and working conditions of the employee, and if the
agreement provides premium wage rates for all overtime hours
worked and a regular hourly rate of pay for those employees of
not less than 30 percent more than the state minimum wage.

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