BILL ANALYSIS �
Senate Committee on Labor and Industrial Relations
Ted W. Lieu, Chair
Date of Hearing: June 8, 2011 2011-2012 Regular
Session
Consultant: Gideon L. Baum Fiscal:Yes
Urgency: No
Bill No: AB 1398
Author: Chesbro
Version: As Amended March 31, 2011
SUBJECT
Employment of minors: agricultural packing plants.
KEY ISSUE
Should the Legislature extend the sunset on a Lake
County-specific exemption on minors working in agricultural
packing plants?
PURPOSE
To extend 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.
ANALYSIS
Existing law 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.
Existing law 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.
Existing law , which sunsets January 1, 2012, 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.
Existing law requires the Labor Commissioner to inspect the
affected agricultural packing plants before issuing exemptions,
and the affected agricultural packing plants must 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.
Existing law requires the Labor Commissioner to issue an annual
written report to the Legislature on the general working
conditions of minors employed in agricultural packing plants.
This bill would extend the operation of the exemption for
agricultural packing plants to employ the specified minors in
Lake County until January 1, 2017.
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plants in Lake County was originally enacted in 1996.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
agriculture at peak activity, the available labor pool is
severely limited.
Hearing Date: June 8, 2011 AB 1398
Consultant: Gideon L. Baum Page 2
Senate Committee on Labor and Industrial Relations
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."
3. Proponent Arguments :
Hearing Date: June 8, 2011 AB 1398
Consultant: Gideon L. Baum Page 3
Senate Committee on Labor and Industrial Relations
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 reports 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 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.
4. Prior Legislation :
SB 1988 (Thompson), Statutes of 1996, Chapter 1117, created
the exemption for Lake County agricultural plants, and was
originally to sunset January 1, 1999.
SB 912 (Chesbro), Statutes of 2001, Chapter 345, added the
inspection and reporting requirements to the Legislature for
the Labor Commissioner, the reporting requirement to the Labor
Commissioner by the agricultural packing plants, and extended
the sunset to January 1, 2005.
SB 319 (Wiggins), Statutes of 2007, Chapter 296, extended the
sunset to January 1, 2012.
SUPPORT
California Grape and Tree Fruit League (Sponsor)
OPPOSITION
Hearing Date: June 8, 2011 AB 1398
Consultant: Gideon L. Baum Page 4
Senate Committee on Labor and Industrial Relations
None on file.
Hearing Date: June 8, 2011 AB 1398
Consultant: Gideon L. Baum Page 5
Senate Committee on Labor and Industrial Relations