Bill Text: CA AB2846 | 2021-2022 | Regular Session | Amended
Bill Title: Beekeeping: overtime wages: exemption.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-03-28 - Re-referred to Com. on L. & E. [AB2846 Detail]
Download: California-2021-AB2846-Amended.html
|
Amended
IN
Assembly
March 24, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2846
| Introduced by Assembly Member Mathis |
February 18, 2022 |
An act to amend Section 4603 of the Food and Agricultural Code, relating to fairs. 860 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2846, as amended, Mathis.
Fairs: citrus fruit fairs. Beekeeping: overtime wages: exemption.
Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. The Phase-In Overtime for Agricultural Workers Act of 2016 establishes a schedule that phases in overtime wage requirements from 2019 to 2025, inclusive, for persons employed in an agricultural occupation, as defined.
This bill would amend the act to exempt certain employees of a registered commercial beekeeper, as defined, from these overtime wage requirements for agricultural workers.
Existing law governs fairs and expositions in this state, including the California Exposition and State Fair, county and district fairs, and citrus fruit fairs. Existing law defines the term “citrus fruit fair” to mean any citrus fruit fair or citrus fruit fair and exposition which satisfies specified requirements.
This bill would make nonsubstantive changes to this definition.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature hereby finds and declares the following:(a) A healthy and vibrant apiary industry is important to the economy and welfare of the people of the State of California. Protection and promotion of this important industry is in the interest of the people of the State of California.
(b) Beekeepers provide a critical service to United States agriculture, and significantly, to California’s agriculture. California’s crops such as avocados, almonds, apples, and cherries benefit from the increased yields because of the pollination services beekeepers provide.
(c) The California almond crop is worth $2,200,000,000 and is estimated to add an additional $21,000,000,000 to the economy via 104,000 jobs in production, processing, manufacturing, and marketing. This multibillion-dollar industry is completely reliant on managed honey bees since pollination is required to produce almonds, resulting in 85 percent of the nation’s commercial supply of colonies visiting California’s almonds during the bloom to meet the market demand.
(d) California houses the largest population of queen bees in North America. Queen bee
breeders in California produce over 750,000 queen bees a year. These queens are sent throughout the United States and to Canada.
(e) The protection of honeybees in California helps to protect and sustain honeybee populations throughout the world, which are critically important to securing the nation’s food supply.
(f) Research conducted by Agricultural Research Service scientists has focused on the impact of the changing climate on bee health, forage, and survival, confirming that changes in the weather, particularly temperature and precipitation patterns, have created unprecedented disturbances in bee forage and contributed to a widespread decline of honeybees throughout the United States.
(g) According to the Bee Informed National Loss and Management Survey, beekeepers in the United States experienced their second
highest annual loss on record from April 1, 2020, to April 1, 2021, when they lost an estimated 45.5 percent of their managed honeybees.
(h) California beekeepers face unprecedented financial constraints due to climate change and an increase demand for healthy honeybees to support the California almond industry.
SEC. 2.
Section 860 of the Labor Code is amended to read:860.
Notwithstanding any other provision of law, including Chapter 1 (commencing with Section 500):(a) (1) Commencing January 1, 2019, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine and one-half hours in any one workday or work in excess of 55 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek.
(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2022.
(b) (1) Commencing January 1, 2020, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine hours in any one workday or work in excess of 50 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek.
(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2023.
(c) (1) Commencing January 1, 2021, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight and one-half hours in any one workday or work in excess of 45 hours in any one workweek, unless the employee receives one and one-half times that
employee’s regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek.
(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2024.
(d) (1) Commencing January 1, 2022, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight hours in any one workday or work in excess of 40 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek.
(2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025.
(e) (1) This chapter shall not apply to an employee of a registered commercial beekeeper who does both of the following:
(A) Is directly engaged in the profession of bee management and honey production.
(B) Customarily and regularly exercises discretion and independent judgment in the performance of duties.
(2) As used in this subdivision, “registered commercial beekeeper” means a beekeeper registered pursuant to Article 4 (commencing with Section 29040) of Chapter 1 of Division 13 of the Food and Agricultural Code.
“Citrus fruit fair” means a citrus fruit fair or citrus fruit fair and exposition that satisfies all of the following requirements:
(a)Has been conducted and carried on by an association for not less than four or more than 15 consecutive days during each calendar year for a period of not less than 20 consecutive years.
(b)Citrus fruits are exhibited for prizes and premiums at the fair.
The purpose of the fair is the promotion and encouragement of the citrus fruit industry of this state.
