BILL ANALYSIS Ó
SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Tony Mendoza, Chair
2015 - 2016 Regular
Bill No: SB 702 Hearing Date: January 13,
2016
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|Author: |McGuire |
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|Version: |January 4, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Gideon L. Baum |
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Subject: Employment of minors: agricultural packing plants
KEY ISSUE
Should the Legislature extend a Lake County-specific exemption
of child labor law that allows minors to work during the peak
agricultural season when school is not in session?
ANALYSIS
Existing law:
1) Prohibits any employer employing a minor 16 or 17 years
of age for more than 8 hours in one day or more than 48
hours in one week. (Labor Code §1391)
2) Allows the Labor Commissioner to issue exemptions for
agricultural packing plants to employ minors that are 16 or
17 years of age to work for up to 10 hours per day during
peak harvest season when school is not in session. The
Labor Commissioner may require inspections of agricultural
packing plants prior to issuing the exemption.
(Labor Code §1393)
Existing law also:
SB 702 (McGuire) Page 2
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1) Allows the Labor Commissioner, upon receiving written
approval from the Lake County Board of Education, to issue
exemptions to agricultural packing plants to employ minors
enrolled in schools located in Lake County to work for up
to 10 hours per day and more than 48 hours, but not more
than 60 hours, per week during peak harvest season, when
school is not in session. This exemption will sunset on
January 1, 2017.
2) Requires the Labor Commissioner to inspect the affected
Lake County agricultural packing plants before issuing
exemptions, and also requires the affected agricultural
packing plants files a written report detailing the
previous year's payroll, including the age and number of
minors employed, as well as the hours they worked.
3) Requires the that Labor Commissioner, on or before
November 1, 2016, issues a written report to the
Legislature on the general working conditions of minors
employed in Lake County agricultural packing plants from
March 1, 2011 to October 1, 2016.
4) Requires that the Lake County-specific exemption
described above sunsets on January 1, 2017. (Labor Code
§1393.5)
This bill would:
1) Extend the operation of the exemption for agricultural
packing plants to employ the specified minors in Lake
County until January 1, 2027.
2) Require that Labor Commissioner, on or before November
1, 2025, issue a written report to the Legislature on the
general working conditions of minors employed in Lake
County agricultural packing plants from October 1, 2016 to
October 1, 2026.
3) Make minor and technical changes.
COMMENTS
SB 702 (McGuire) Page 3
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1. Need for this bill?
The exemption for minors working in agricultural packing
plants in Lake County was originally enacted in 1996.
Proponents of the exemption have traditionally stated that it
reflects the unique industry and labor market requirements of
Lake County.
This exemption has been characterized as necessary to help
deal with the labor shortage in Lake County's agricultural
industry during harvest time each year in August. The
pear-packing season lasts only four to six weeks and coincides
with an increase in tourism, which is considered the other
large industry in Lake County. With both tourism and
agriculture at peak activity, the available labor pool is
severely limited.
Therefore, it is argued that the employment of minors during
this time is necessary and mutually beneficial for both the
minors employed and growers. Proponents contend that this
exemption has proved successful and the participation of youth
workers has now become an economic imperative for Lake County
agricultural employers.
2. 2011 Labor Commissioner Report on Minors in Agricultural
Packing Plants in Lake County:
The most recent annual report on employment of minors in
agricultural packing plants was submitted on March 24, 2011.
With respect to the number of minors employed in the industry,
the report stated the following:
"According to records of the Lake County agricultural packing
plant employer operating with an approved exemption in 2010, a
total of 24 minors aged 16 and 17 years old were employed
during the 2010 peak packing season. Of those 24, one
individual turned 18 early in the season. Two minors aged 15
years old were employed on a schedule of no more than 8 hours
per day and/or 40 hours a week.
The seven additional packing operations with approved
exemptions statewide in 2010 were granted approval to employ
an additional 99 minors under the provisions of these
permits."
SB 702 (McGuire) Page 4
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With respect to the number of exemptions denied due to
violations, the report stated following:
"At the conclusion of the 2009 season, one employer who
historically held an approved exemption was found, upon
inspection, to be in violation of multiple wage and hour laws,
and was cited. This employer was told at the end of the 2009
season that it would not be eligible for an exemption for the
2010 season and did not apply."
3. Proponent Arguments :
According to the author's office, the deadline should be
extended to help deal with the labor shortages in Lake
County's agricultural industry during harvest time in August.
The pear-packing season lasts only four to six weeks and
coincides with the pick-up in tourism, the other large labor
industry in Lake County. With both tourism and agriculture at
peak activity, the available labor pool is limited.
In 2007, the Lake County Employment Development Department
(EDD) branch office reports that the labor shortage last
season was "extreme", resulting in the loss of $2.5 million in
lost pears, and would have been exacerbated by an absence of
minors working in the agricultural packing plants. The EDD
also reported that total summer wages were in excess of
$60,000 for the participating minors, allowing students to
focus on academic, rather than economic, issues during the
school year.
4. Prior Legislation :
SB 1988 (Thompson), Chapter 1117, Statutes of 1996, created
the exemption for Lake County agricultural plants, and was
originally required to sunset on January 1, 1999.
SB 912 (Chesbro), Chapter 345, Statutes of 2001, added the
inspection and reporting requirements to the Legislature for
the Labor Commissioner, the reporting requirement to the Labor
Commissioner by the agricultural packing plants, and extended
the sunset to January 1, 2005.
SB 319 (Wiggins), Chapter 296, Statutes of 2007 extended the
sunset to January 1, 2012.
SB 702 (McGuire) Page 5
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AB 1398 (Chesbro), Chapter 489, Statutes of 2011, extended the
sunset to January 1, 2017.
SUPPORT
California Farm Bureau Federation
California Fresh Fruit Association
California Pear Growers
California Women for Agriculture, Lake County Chapter
County of Lake Board of Supervisors-Anthony W. Farrington
Kelseyville High School
Lake County Farm Bureau
Lake County Office of Education
OPPOSITION
None on file.
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