BILL NUMBER: AB 1398 CHAPTERED
BILL TEXT
CHAPTER 489
FILED WITH SECRETARY OF STATE OCTOBER 6, 2011
APPROVED BY GOVERNOR OCTOBER 5, 2011
PASSED THE SENATE SEPTEMBER 8, 2011
PASSED THE ASSEMBLY SEPTEMBER 8, 2011
AMENDED IN SENATE SEPTEMBER 2, 2011
AMENDED IN SENATE JULY 7, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 28, 2011
An act to amend Section 1393.5 of the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1398, Chesbro. 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 relating to
Lake County 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 Lake County, 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 Lake County exemption or renewing an exemption, to
inspect an affected agricultural packing plant, and to file a written
report with the Legislature on or before March 1 of each year
describing the general working conditions of minors employed in the
agricultural packing industry during the past year, 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, 2012.
This bill would extend the operation of the exceptions pertaining
to the employment of minors in Lake County until January 1, 2017.
This bill would also change the written reporting requirements of
affected employers to require a written report regarding payroll to
be filed annually on or before October 1. This bill would also change
the requirements for the Labor Commission to issue instead of an
annual report, a single written report on the working conditions of
minors employed in the agricultural packing industry, which would be
filed by November 1, 2016, and cover the previous 51/2 year period
from March 1, 2011, to October 1, 2016.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 Lake
County, 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 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) This section shall remain in effect only until January 1,
2017, and as of that date is repealed.