BILL ANALYSIS Ó
SB 702
Page 1
SENATE THIRD READING
SB
702 (McGuire)
As Amended August 3, 2016
Majority vote
SENATE VOTE: 38-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Labor |7-0 |Roger Hernández, | |
| | |Patterson, Chu, | |
| | |Linder, McCarty, | |
| | |O'Donnell, Thurmond | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |18-1 |Bigelow, Bloom, |Gonzalez |
| | |Bonilla, Bonta, | |
| | |Calderon, Daly, | |
| | |Eggman, Gallagher, | |
| | |Eduardo Garcia, | |
| | |Holden, Jones, | |
| | |Obernolte, Quirk, | |
| | |Santiago, Wagner, | |
| | |Weber, Wood, Chu | |
| | | | |
| | | | |
SB 702
Page 2
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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.
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 eight hours in one day or more than 48 hours in
one week. (Labor Code Section1391).
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.
SB 702
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(Labor Code Section1393).
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
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 Assembly Appropriations
Committee, this bill will result in minor and absorbable costs
to the Department of Industrial Relations to implement the
reporting requirements of the bill.
COMMENTS: California's child labor laws generally prohibit any
employer employing a minor 16 or 17 years of age for more than
eight 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
SB 702
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County. Several bills over the years have extended the sunset
date on this exemption (generally by about five 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.
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
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.
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.
SB 702
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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.
There is no known opposition on file.
Analysis Prepared by:
Ben Ebbink / L. & E. / (916) 319-2091 FN:
0003873