BILL NUMBER: SB 702 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 4, 2016
INTRODUCED BY Senator McGuire
( Coauthor: Assembly Member
Dodd )
FEBRUARY 27, 2015
An act to amend Section 2810.5 1393.5
of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 702, as amended, McGuire. Employment: employer
obligations. Employment of minors: agricultural
packing plants.
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.
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.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be
cited, as the County of Lake Teen Employment and Training Act.
SEC. 2. 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, the County of Lake 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
County of Lake 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.
(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).
(e)
( f) This section shall remain in effect
only until January 1, 2017, 2027, and
as of that date is repealed.
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.