SB 978,
as amended, Vidak. begin deletePublic works: prevailing wage. end deletebegin insertEmployment of minors: agricultural packing plants.end insert
Existing law prescribes limits on the hours of employment of minors but authorizes the Labor Commissioner to issue 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.
end insertbegin insertUnder existing law, the Labor Commissioner may, under the above-described exemption, authorize 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, before issuing or renewing a Lake County exemption, to inspect an affected agricultural packing plant and requires the Labor Commissioner to file a written report with the Legislature on or before November 1, 2016, pertaining to the working conditions of minors employed in the agricultural packing industry, as specified. Existing law also requires an affected employer, as a condition of receiving that exemption or renewal of that exemption, to file a written report to the Labor Commissioner, as provided. Under existing law, the provisions pertaining to Lake County expire on January 1, 2017.
end insertbegin insertThis bill would apply statewide provisions like those relating to Lake County and would require the Labor Commissioner to report to the Legislature on or before November 1, 2025. These provisions would be repealed on January 1, 2027.
end insertExisting law requires the body awarding any contract for public work, or otherwise undertaking any public work, to obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. Existing law requires the director to determine the general prevailing rate of per diem wages in accordance with specified standards.
end deleteThis bill would make technical, nonsubstantive changes to that provision.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 1393.6 is added to the end insertbegin insertLabor Codeend insertbegin insert, to
2read:end insert
(a) Notwithstanding any other provision of this article
4or Article 2 (commencing with Section 49110) of Chapter 7 of Part
527 of Division 4 of Title 2 of the Education Code, an exemption
6issued pursuant to Section 1393 may authorize the employment
7during the peak harvest season of a minor 16 or 17 years of age,
8during any day in which school is not in session for up to 10 hours
9per day and more than 48 hours but not more than 60 hours in
10any one week, only upon the prior written approval of the local
11county office of education.
12(b) Each year, the Labor Commissioner, prior to issuing or
13renewing an exemption under this section, shall inspect the affected
14agricultural packing plant.
15(c) As a condition of receiving an exemption or a renewal of an
16exemption under this section, an affected employer shall, on or
17before October 1 of each year, file a written report to the Labor
P3 1Commissioner that contains the following employment information
2regarding the employer’s payroll for the same year up to September
315:
4(1) The number of minors employed by that employer.
5(2) A list of the age and hours worked on a weekly basis of each
6minor employed.
7(d) Notwithstanding Chapter 24 (commencing with Section
87550) of Division 7 of Title 1 of the Government Code, the Labor
9Commissioner shall submit a written report to the Legislature
10pursuant to Section 9795 of the Government Code, on or before
11November 1, 2025, that describes the general working conditions
12of minors employed in the agricultural
packing industry during
13the period from January 1, 2017, to October 1, 2025, inclusive,
14and that includes all of the following information:
15(1) The number of minors employed in the agricultural packing
16industry.
17(2) The number of exemptions issued, renewed, or denied
18pursuant to this section.
19(3) A summary of the inspections conducted by the Labor
20Commissioner pursuant to this section.
21(4) The number of workplace injuries that occurred to minors
22at agricultural packing plants.
23(5) The number of violations of labor laws and regulations that
24occurred at agricultural packing plants.
25(e) This section shall remain in effect only
until January 1, 2027,
26and as of that date is repealed.
Section 1770 of the Labor Code is amended to
28read:
The Director of Industrial Relations shall determine the
30general prevailing rate of per diem wages in accordance with the
31standards set forth in Section 1773. The director’s determination
32in the matter shall be final except as provided in Section 1773.4
33.However, this article shall
not prohibit the payment of more than
34the general prevailing rate of wages to any worker employed on
35public work. This act shall not permit any overtime work in
36violation of Article 3 (commencing with Section 1810).
O
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