BILL ANALYSIS �
AB 1398
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Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Sandre Swanson, Chair
AB 1398 (Chesbro) - As Amended: March 31, 2011
SUBJECT : Employment of minors: agricultural packing plants.
SUMMARY : Extends the sunset date on an exemption for the
employment of minors in Lake County agricultural packing plants
until January 1, 2017.
EXISTING LAW :
1)Generally limits the hours of employment of minors in the
state.
2)Allows the Labor Commissioner (LC) to grant an exemption to
agricultural packing plants employing minors 16 or 17 years of
age, allowing them to work up to 10 hours per day when school
is not in session during peak harvest season.
3)In addition, allows the LC to grant an exemption during the
peak harvest season in Lake County, authorizing the employment
of minors 16 or 17 years of age to work up to 10 hours per day
and 60 hours per week, during days when school is not in
session.
4)Specifies that the exemption requires prior written approval
of the Lake County Office of Education.
5)Requires the LC to inspect the affected agricultural packing
plant prior to issuing or renewing an exemption.
6)Requires the employer to file an annual report with the LC
containing specified employment information.
7)Requires the LC to submit an annual report to the Legislature
that describes the general working conditions of minors
employed in the agricultural packing industry during the
previous year.
8)Contains a January 1, 2012 sunset date.
FISCAL EFFECT : Unknown
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COMMENTS : This bill is sponsored by the California Grape and
Tree Fruit League.
General Background on the Exemption for Lake County Packing
Plants
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in Lake County was originally enacted in 1996.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 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.
The Labor Commissioner's Annual Report for 2010
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,
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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 issued, renewed or
denied, the report stated the following:
"In 2010, pursuant to Labor Code �1393.5, an application
was submitted by one Lake County employer operating in two
locations for exemption to authorize employment of minors
for more than 48 hours but not to exceed 60 hours in any
one week. The Labor Commissioner issued the exemption to
the employer for both locations. The employer held a valid
exemption in 2009. 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.
In addition to the Lake County employer, seven packing
operations outside of Lake County applied for exemption.
All seven were approved and permits issued."
PRIOR LEGISLATION :
AB 1900 (Freidman), also known as the Omnibus Child Labor Reform
Act of 1993, became effective on January 1, 1995. Among other
provisions, the bill authorized the LC to grant exemptions to
the limitation of the number of hours that 16- and 17-year-old
minors may work in a day at an agricultural packing plant during
peak harvest season when school is not in session. The law
authorized the Labor Commissioner to grant an exemption to allow
minors to work up to ten hours per day, rather than eight hours,
if the additional work hours did not materially affect the
safety and welfare of the minor.
SB 1988 (Thompson) of 1996 authorized the Lake County Board of
Education to permit the employment of 16- and 17-year-old minors
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for up to sixty hours per week when school was not in session
during the peak harvest season. This law contained a sunset date
of January 1, 1999.
SB 2054 (Thompson) of 1998 extended the sunset date to January
1, 2002.
SB 912 (Chesbro) of 2001 amended the law to require the LC to
annually inspect Lake County agricultural packing plants that
apply for an exemption or renewal of an exemption authorized by
the section. The bill also required agricultural packing plants
that receive such an exemption to submit to the LC an annual
report on the number, ages, and working hours of minors that
were employed during the preceding year. In addition, the LC was
required to report to the Legislature on the working conditions
of minors employed in the plants during the preceding year. SB
912 extended the sunset date to January 1, 2005.
SB 1134 (Chesbro) of 2004 extended the sunset date to January 1,
2008.
SB 319 (Wiggins) of 2007 extended the sunset date to January 1,
2012. The bill further revised the provisions relating to Lake
County by limiting the hours of work exemption to the employment
of minors, 16 or 17 years of age, who reside in Lake County upon
prior written approval of the Lake County Office of Education.
SB 319 also deleted the requirement that a minor be enrolled in
school in Lake County for the exemption to apply.
REGISTERED SUPPORT / OPPOSITION :
Support
California Grape and Tree Fruit League
Opposition
None on file.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
AB 1398
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