BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1398|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
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|327-4478 | |
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THIRD READING
Bill No: AB 1398
Author: Chesbro (D)
Amended: 7/7/11 in Senate
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMM. : 6-0, 6/8/11
AYES: Lieu, Wyland, DeSaulnier, Leno, Runner, Yee
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/26/11 - See last page for vote
SUBJECT : Employment of minors: agricultural packing
plants
SOURCE : California Grape and Tree Fruit League
DIGEST : This bill (1) extends, from January 1, 2012 to
January 2017, the authority of the Labor Commissioner to
allow minors 16 or 17 years of age who reside in Lake
County to work in agricultural packing plants up to 60
hours per week during peak harvest season, (2) changes the
written reporting requirement s of affected employers to
require a written report regarding payroll to be filed
annually without a specific reporting date, (3) changes the
requirements for the Labor Commission to issue instead of
annual report, a single written report on the working
conditions of minors employed in the agricultural packing
industry, which is to be filed by November 1, 2016, and
CONTINUED
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cover the previous five-and one-half year period from March
1, 2011 to October 1, 2016.
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:
1. Extends, from January 1, 2012 to January 2017, the
authority of the Labor Commissioner to allow minors 16
or 17 years of age who reside in Lake County to work in
agricultural packing plants up to 60 hours per week
during peak harvest season.
2. Changes the written reporting requirement s of affected
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employers to require a written report regarding payroll
to be filed annually without a specific reporting date.
3. Changes the requirements for the Labor Commission to
issue instead of annual report, a single written report
on the working conditions of minors employed in the
agricultural packing industry, which is to be filed by
November 1, 2016, and cover the previous five-and
one-half year period from March 1, 2011 to October 1,
2016.
Background
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.
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
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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.
Prior Legislation :
SB 1988 (Thompson), Chapter 1117, Statutes of 1996, creates
the exemption for Lake County agricultural plants, and was
originally to sunset January 1, 1999.
SB 912 (Chesbro), Chapter 345, Statutes of 2001, adds 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), Chapter 296, Statutes of 2007, extends
the sunset to January 1, 2012.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/8/11)
California Grape and Tree Fruit League (source)
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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 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.
ASSEMBLY FLOOR :
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Carter,
Chesbro, Conway, Cook, Dickinson, Donnelly, Eng, Feuer,
Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso,
Huffman, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal,
Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel
P�rez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Campos, Cedillo, Davis, Gorell, Jones
PQ:do 7/8/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
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