BILL ANALYSIS Ó
SB 702
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Date of Hearing: June 22, 2016
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hernández, Chair
SB
702 (McGuire) - As Proposed to be Amended June 22, 2016
SENATE VOTE: 38-0
SUBJECT: Employment of minors: agricultural packing plants
SUMMARY: Extends the sunset date by five years on an exemption
from child labor laws that allows minors to work additional
hours in agricultural packing plants during peak harvest season
in Lake County. Specifically, this bill:
1)Extends an exemption for specified agricultural packing plants
in Lake County to employ minors that are 16 or 17 years of age
to work for up to 10 hours per day and more than 48 hours (but
not more than 60 hours) per week during harvest season when
school is not in session to January 1, 2022.
2)Requires the Labor Commissioner (LC), on or before November 1,
2020, to issue a written report to the Legislature on the
general working conditions of minors employed in the
agricultural packing industry from October 1, 2016 to October
1, 2020.
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3)Makes other minor and technical changes.
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 LC 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 LC may require inspections of
agricultural packing plants prior to issuing the exemption.
(Labor Code §1393).
3)Allows the LC, 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.
4)Sunsets this exemption on January 1, 2017.
5)Requires the LC to inspect the affected Lake County
agricultural packing plants before issuing exemptions, and
also requires the affected agricultural packing plants file a
written report detailing the previous year's payroll,
including the age and number of minors employed, as well as
the hours they worked.
6)Requires the LC, on or before November 1, 2016, to issue a
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written report to the Legislature on the general working
conditions of minors employed in the agricultural packing
industry from March 1, 2011 to October 1, 2016.
FISCAL EFFECT: According to the Senate Appropriations
Committee, the Department of Industrial Relations indicates that
costs to produce the report on working conditions in the Lake
County packing industry would be minor and absorbable.
COMMENTS: California's child labor laws generally prohibit 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. However,
for the past two decades California law has contained a special
exemption for agricultural packing plants in Lake County.
Several bills over the years have extended the sunset date on
this exemption (generally by about 5 years) and required various
reporting requirements of the LC. This bill proposes to extend
the sunset date on the exemption by five years, or until January
1, 2022.
Background on the Lake County Packing Plant Exemption
The exemption for minors working in agricultural packing plants
in Lake County was originally enacted in 1996. Supporters of
the exemption have traditionally stated that it reflects the
unique industry and labor market requirements of Lake County.
This exemption has been characterized by supporters 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
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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. Supporters contend that this
exemption has proved successful and the participation of youth
workers has now become an economic imperative for Lake County
agricultural employers.
Most Recent Labor Commissioner Report
As mentioned above, prior legislation to extend the sunset date
on this exemption has generally required the LC to issue a
report on the general working conditions of minors employed in
the agricultural packing industry.
The most recent report from the LC was issued on March 24, 2011.
With respect to the number of minors employed in the
agricultural packing industry, the report stated:
"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
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an additional 99 minors under the provisions of these
permits."
With respect to the number of exemptions denied due to
violations, the report stated:
"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."
Existing law requires the LC to issue a report on or before
November 1, 2016 that describes the general working conditions
of minors employed in the agricultural packing industry during
the period on March 1, 2011 to October 1, 2016.
Arguments in Support
According to the author, the exemption for minors working in
agricultural packing plants in Lake County was originally
established to help labor shortages during August's pear picking
season. The sunset has been extended three times with no
opposition since its original creation. Existing law allows the
LC, upon approval from the Lake County Board of Education, to
permit agricultural packing plants to employ minors enrolled in
Lake County schools when they are not in session.
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The author states that this exemption does not affect any
California overtime laws. Existing state law also requires the
LC to issue a written report to the Legislature on the general
working conditions of minors employed in agricultural packing
plants by November 2016. The most recent legislative report has
shown no systematic issues.
Supporters similarly note that Lake County's late summer pear
season typically coincides with peak seasons of other labor
intensive industries like tourism, resulting in packing plant
worker shortages. They state that the packing work exemption
for minors in Lake County has relieved this shortage and
provided significant economic benefits to teens and families.
No known opposition on file.
REGISTERED SUPPORT / OPPOSITION:
Support
California Farm Bureau Federation
California Fresh Fruit Association
California Pear Growers
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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.
Analysis Prepared by:Ben Ebbink / L. & E. / (916)
319-2091