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 law requires 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, 2022. It would additionally require the Labor Commissioner to report to the Legislature on or before November 1, 2020, on the working conditions for the period from October 1, 2016, to October 1, 2020, 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
2Lake County Teen Employment and Training Act.
Section 1393.5 of the Labor Code is amended to
5read:
(a) Notwithstanding any other provision of this article
7or Article 2 (commencing with Section 49110) of Chapter 7 of
8Part 27 of Division 4 of Title 2 of the Education Code, an
9exemption issued pursuant to Section 1393 may authorize the
10employment during the peak harvest season of a minor, 16 or 17
11years of age who resides in the County of Lake during any day in
12which school is not in session for up to 10 hours per day and more
13than 48 hours but not more than 60 hours in any one week, only
14upon the prior written approval of the Lake County Office of
15Education.
16(b) Each year, the Labor Commissioner, prior to issuing or
17renewing an exemption under this section, shall inspect the affected
18agricultural
packing plant.
19(c) As a condition of receiving an exemption or a renewal of an
20exemption under this section, an affected employer shall, on or
21before October 1 of each year, file a written report to the Labor
22Commissioner that contains the following employment information
P3 1regarding the employer’s payroll for the same year up to September
215:
3(1) The number of minors employed by that employer.
4(2) A list of the age and hours worked on a weekly basis of each
5minor employed.
6(d) Notwithstanding Chapter 24 (commencing with Section
77550) of Division 7 of Title 1 of the Government Code, the Labor
8Commissioner shall submit a written report to the Legislature, on
9or
before November 1, 2016, that describes the general working
10conditions of minors employed in the agricultural packing industry
11during the period from March 1, 2011, to October 1, 2016,
12inclusive, and that includes all of the following information:
13(1) The number of minors employed in the agricultural packing
14industry.
15(2) The number of exemptions issued, renewed, or denied
16pursuant to this section.
17(3) A summary of the inspections conducted by the Labor
18Commissioner pursuant to this section.
19(4) The number of workplace injuries that occurred to minors
20at agricultural packing plants.
21(5) The number
of violations of labor laws and regulations that
22occurred at agricultural packing plants.
23(e) (1) Notwithstanding Chapter 24 (commencing with Section
247550) of Division 7 of Title 1 of the Government Code, the Labor
25Commissioner shall submit a written report to the Legislature, on
26or before November 1, 2020, that describes the general working
27conditions of minors employed in the agricultural packing industry
28during the period from October 1, 2016, to October 1, 2020,
29inclusive, and that includes for this period all the information
30described in paragraphs (1) to (5), inclusive, of subdivision (d).
31(2) A report submitted pursuant to paragraph (1) shall be
32provided in compliance with Section 9795 of the Government
33Code.
34(f) This section shall remain in effect only until January 1,
2022,
35and as of that date is repealed.
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