BILL NUMBER: SB 978 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 14, 2016
INTRODUCED BY Senator Vidak
( Principal coauthor: Senator
Fuller )
FEBRUARY 10, 2016
An act to amend Section 1170 of the Labor Code, relating
to public works. An act to add and repeal Section
1393.6 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 978, as amended, Vidak. Public works: prevailing wage.
Employment of minors: agricultural packing plants.
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.
Under 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.
This 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repealed on January 1, 2027.
Existing 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.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1393.6 is added to the
Labor Code , to read:
1393.6. (a) Notwithstanding any other provision of this article
or Article 2 (commencing with Section 49110) of Chapter 7 of Part 27
of Division 4 of Title 2 of the Education Code, an exemption issued
pursuant to Section 1393 may authorize the employment during the peak
harvest season of a minor 16 or 17 years of age, during any day in
which school is not in session for up to 10 hours per day and more
than 48 hours but not more than 60 hours in any one week, only upon
the prior written approval of the local county office of education.
(b) Each year, the Labor Commissioner, prior to issuing or
renewing an exemption under this section, shall inspect the affected
agricultural packing plant.
(c) As a condition of receiving an exemption or a renewal of an
exemption under this section, an affected employer shall, on or
before October 1 of each year, file a written report to the Labor
Commissioner that contains the following employment information
regarding the employer's payroll for the same year up to September
15:
(1) The number of minors employed by that employer.
(2) A list of the age and hours worked on a weekly basis of each
minor employed.
(d) Notwithstanding Chapter 24 (commencing with Section 7550) of
Division 7 of Title 1 of the Government Code, the Labor Commissioner
shall submit a written report to the Legislature pursuant to Section
9795 of the Government Code, on or before November 1, 2025, that
describes the general working conditions of minors employed in the
agricultural packing industry during the period from January 1, 2017,
to October 1, 2025, inclusive, and that includes all of the
following information:
(1) The number of minors employed in the agricultural packing
industry.
(2) The number of exemptions issued, renewed, or denied pursuant
to this section.
(3) A summary of the inspections conducted by the Labor
Commissioner pursuant to this section.
(4) The number of workplace injuries that occurred to minors at
agricultural packing plants.
(5) The number of violations of labor laws and regulations that
occurred at agricultural packing plants.
(e) This section shall remain in effect only until January 1,
2027, and as of that date is repealed.
SECTION 1. Section 1770 of the Labor Code is
amended to read:
1770. The Director of Industrial Relations shall determine the
general prevailing rate of per diem wages in accordance with the
standards set forth in Section 1773. The director's determination in
the matter shall be final except as provided in Section 1773.4 .
However, this article shall not prohibit the payment of more than the
general prevailing rate of wages to any worker employed on public
work. This act shall not permit any overtime work in violation of
Article 3 (commencing with Section 1810).