Bill Text: CA SB702 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Employment of minors: agricultural packing plants.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-09-28 - Chaptered by Secretary of State. Chapter 775, Statutes of 2016. [SB702 Detail]

Download: California-2015-SB702-Amended.html

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BILL NUMBER: SB 702	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 27, 2016
	AMENDED IN SENATE  JANUARY 4, 2016

INTRODUCED BY   Senator McGuire
   (Coauthor: Assembly Member Dodd)

                        FEBRUARY 27, 2015

   An act to amend Section 1393.5 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 702, as amended, McGuire. Employment of minors: agricultural
packing plants.
   Existing law prescribes limits on the hours of employment of
minors, but authorizes the Labor Commissioner to grant 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.
   Existing law provides an exception to those provisions for the
County of Lake by limiting the employer exemption that may be issued
by the Labor Commissioner to 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, prior to
issuing the County of Lake exemption or renewing an exemption, to
inspect an affected agricultural packing plant. Existing law 
require   requires  the Labor Commissioner to file
a written report with the Legislature on or before November 1, 2016,
describing the general working conditions of minors employed in the
agricultural packing industry during the period from March 1, 2011,
to October 1, 2016, inclusive, as specified. Existing law further
requires an affected employer, on or before March 1 of each year, as
a condition of receiving that exemption or a renewal of that
exemption, to file a written report to the Labor Commissioner, as
specified. These provisions are set to expire on January 1, 2017.
   This bill would extend the operation of the exception pertaining
to the employment of minors in the County of Lake until January 1,
 2027.   2022.  It would additionally
require the Labor Commissioner to report to the Legislature on or
before November 1,  2025,  2020,  on the
working conditions for the period from October 1, 2016, to October 1,
 2025,   2020,  inclusive.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as the
 County of Lake   Lake County  Teen
Employment and Training Act.
  SEC. 2.  Section 1393.5 of the Labor Code is amended to read:
   1393.5.  (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 who resides in the
County of Lake 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
 County of Lake   Lake 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, on or before
November 1, 2016, that describes the general working conditions of
minors employed in the agricultural packing industry during the
period from March 1, 2011, to October 1, 2016, 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)  (1)    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, on or before November 1,  2025,
  2020,  that describes the general working
conditions of minors employed in the agricultural packing industry
during the period from October 1, 2016, to October 1,  2025,
  2020   ,  inclusive, and that includes
for this period all the information described in paragraphs (1) to
(5), inclusive, of subdivision (d). 
   (2) A report submitted pursuant to paragraph (1) shall be provided
in compliance with Section 9795 of the Government Code. 
   (f) This section shall remain in effect only until January 1,
 2027,   2022,  and as of that date is
repealed.