SB 702, as amended, McGuire. 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 lawbegin delete requireend deletebegin insert requiresend insert 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,begin delete 2027.end deletebegin insert 2022.end insert It would additionally require the Labor Commissioner to report to the Legislature on or before November 1,begin delete 2025,end deletebegin insert 2020,end insert on the working conditions for the period from October 1, 2016, to October 1,begin delete 2025,end deletebegin insert 2020,end insert inclusive.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
This act shall be known, and may be cited, as the
2begin delete County of Lakeend deletebegin insert Lake Countyend insert Teen Employment and Training Act.
Section 1393.5 of the Labor Code is amended to read:
(a) Notwithstanding any other provision of this article
5or Article 2 (commencing with Section 49110) of Chapter 7 of
6Part 27 of Division 4 of Title 2 of the Education Code, an
7exemption issued pursuant to Section 1393 may authorize the
8employment during the peak harvest season of a minor, 16 or 17
9years of age who resides in the County of Lake during any day in
10which school is not in session for up to 10 hours per day and more
11than 48 hours but not more than 60 hours in any one week, only
12upon the prior written approval of thebegin delete County of Lakeend deletebegin insert Lake Countyend insert
13 Office of
Education.
14(b) Each year, the Labor Commissioner, prior to issuing or
15renewing an exemption under this section, shall inspect the affected
16agricultural packing plant.
17(c) As a condition of receiving an exemption or a renewal of an
18exemption under this section, an affected employer shall, on or
19before October 1 of each year, file a written report to the Labor
20Commissioner that contains the following employment information
21regarding the employer’s payroll for the same year up to September
2215:
23(1) The number of minors employed by that employer.
P3 1(2) A list of the age and hours worked on a weekly basis of each
2minor employed.
3(d) Notwithstanding Chapter 24 (commencing with Section
47550) of Division 7 of Title 1 of the Government Code, the Labor
5Commissioner shall submit a written report to the Legislature, on
6or before November 1, 2016, that describes the general working
7conditions of minors employed in the agricultural packing industry
8during the period from March 1, 2011, to October 1, 2016,
9inclusive, and that includes all of the following information:
10(1) The number of minors employed in the agricultural packing
11industry.
12(2) The number of exemptions issued, renewed, or denied
13pursuant to this section.
14(3) A summary of the inspections conducted by the Labor
15Commissioner pursuant to this section.
16(4) The number of workplace injuries that occurred to minors
17at agricultural packing plants.
18(5) The number of violations of labor laws and regulations that
19occurred at agricultural packing plants.
20(e) begin insert(1)end insertbegin insert end insert Notwithstanding Chapter 24 (commencing with Section
217550) of Division 7 of Title 1 of the Government Code, the Labor
22Commissioner shall submit a written report to the Legislature, on
23or before November 1,begin delete 2025,end deletebegin insert
2020,end insert that describes the general
24working conditions of minors employed in the agricultural packing
25industry during the period from October 1, 2016, to October 1,
26begin delete 2025,end deletebegin insert 2020,end insert inclusive, and that includes for this period all the
27information described in paragraphs (1) to (5), inclusive, of
28subdivision (d).
29
(2) A report submitted pursuant to paragraph (1) shall be
30provided in compliance with Section 9795 of the Government Code.
31(f) This section shall remain in effect only until January 1,begin delete 2027,end delete
32begin insert
2022,end insert and as of that date is repealed.
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