BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 702|
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UNFINISHED BUSINESS
Bill No: SB 702
Author: McGuire (D), et al.
Amended: 8/3/16
Vote: 21
SENATE LABOR & IND. REL. COMMITTEE: 5-0, 1/13/16
AYES: Mendoza, Stone, Jackson, Leno, Mitchell
SENATE APPROPRIATIONS COMMITTEE: 7-0, 1/21/16
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SENATE FLOOR: 38-0, 1/26/16
AYES: Allen, Anderson, Beall, Berryhill, Block, Cannella, De
León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock,
Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno,
Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach,
Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone,
Vidak, Wieckowski
NO VOTE RECORDED: Bates, Wolk
ASSEMBLY FLOOR: 77-1, 8/18/16 - See last page for vote
SUBJECT: Employment of minors: agricultural packing plants
SOURCE: Author
DIGEST: This bill extends 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.
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Assembly Amendments were minor and technical.
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)
3)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.
4)Requires the Labor Commissioner 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.
5)Requires the that Labor Commissioner, on or before November 1,
2016, issue a written report to the Legislature on the
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general working conditions of minors employed in Lake County
agricultural packing plants from March 1, 2011 to October 1,
2016.
6)Requires that the Lake County-specific exemption described
above sunsets on January 1, 2017. (Labor Code §1393.5)
This bill:
1)Extends the operation of the exemption for agricultural
packing plants to employ the specified minors in Lake County
until January 1, 2022.
2)Requires that Labor Commissioner, on or before November 1,
2020, 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,
2020.
3)Makes minor and technical changes.
Comments
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
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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."
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."
FISCAL EFFECT: Appropriation: No Fiscal
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Com.:YesLocal: No
According to the Senate Appropriations Committee, the Department
of Industrial Relations reports minor and absorbable costs to
implement the reporting requirements of this bill.
SUPPORT: (Verified8/18/16)
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: (Verified 8/18/16)
None received
ARGUMENTS IN SUPPORT: 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 reported 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
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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.
ASSEMBLY FLOOR: 77-1, 8/18/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gordon, Gray, Grove, Hadley, Harper, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Wilk,
Williams, Wood, Rendon
NOES: Gonzalez
NO VOTE RECORDED: Roger Hernández, Weber
Prepared by:Gideon L. Baum / L. & I.R. / (916) 651-1556
8/19/16 19:21:42
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