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HOUSE BILL NO. 199

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H0199...............................................by AGRICULTURAL AFFAIRS
MINIMUM WAGE - AGRICULTURAL WORKERS - Amends existing law to provide that
agricultural labor shall receive minimum wage, with certain exceptions;and
to provide that overtime shall not apply to an individual employed in
agriculture.

02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Agric Aff

Bill Text

H0199


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 199

                            BY AGRICULTURAL AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE MINIMUM WAGE LAW; AMENDING SECTION  44-1504,  IDAHO  CODE,  TO
 3        PROVIDE  THAT  AN  INDIVIDUAL EMPLOYED IN AGRICULTURE IS EXCEPTED FROM THE
 4        MINIMUM WAGE LAW IF CERTAIN CONDITIONS OCCUR AND TO PROVIDE THAT  OVERTIME
 5        PROVISIONS DO NOT APPLY TO AN INDIVIDUAL EMPLOYED IN AGRICULTURE; AND PRO-
 6        VIDING AN EFFECTIVE DATE.

 7    Be It Enacted by the Legislature of the State of Idaho:

 8        SECTION  1.  That  Section 44-1504, Idaho Code, be, and the same is hereby
 9    amended to read as follows:

10        44-1504.  EMPLOYEES EXCEPTED FROM PROVISIONS OF ACT.  (1)   The
11    provisions of this act shall not apply to any employee employed in a bona fide
12    executive,  administrative,  or  professional  capacity, to  agricultural
13    labor as that term is defined in section 72-1304, Idaho Code     an
14    individual  employed  in agriculture as defined in subsection (2) of this sec-
15    tion , to anyone engaged in domestic service, to any individual employed
16    as an outside salesman, to seasonal employees of a nonprofit camping  program,
17    or  to  any  child under the age of sixteen (16) years working part time or at
18    odd jobs not exceeding a total of four (4) hours per  day  with  any  one  (1)
19    employer.
20         (2)  An individual is employed in agriculture if:
21        (a)  Such  individual is employed as a hand harvest, hand tillage, irriga-
22        tion or pruning laborer and is paid on a piece-rate basis in an  operation
23        which  has been and is customarily and generally recognized as having been
24        paid on a piece-rate basis in the region of employment and is employed  by
25        an  employer who did not, during any calendar quarter during the preceding
26        year, use more than five hundred (500) piece-rate-workdays of agricultural
27        labor;
28        (b)  Such individual is the parent, spouse, child or other member  of  the
29        employer's immediate family;
30        (c)  Such individual:
31             (i)   Is  employed  as  a  hand  harvest, hand tillage, irrigation or
32             pruning laborer and is paid on a piece-rate  basis  in  an  operation
33             which has been, and is customarily and generally recognized as having
34             been, paid on a piece-rate basis in the region of employment;
35             (ii)  Commutes  daily from a permanent residence to the farm or ranch
36             on which the individual is so employed; and
37             (iii) Has been employed in agricultural labor less than thirteen (13)
38             weeks during the preceding calendar year;
39        (d)  Such individual, other than the individual  described  in  subsection
40        (2)(c) of this subsection:
41             (i)   Is sixteen (16) years of age or under and is employed as a hand
42             harvest,  hand  tillage,  irrigation or pruning laborer, is paid on a
43             piece-rate basis in an operation which has been, and  is  customarily


                                          2

 1             and  generally  recognized as having been, paid on a piece-rate basis
 2             in the region of employment; and
 3             (ii)  Is paid at the same piece-rate basis as employees over  sixteen
 4             (16) years of age on the same ranch or farm; or
 5        (e)  Such employee is principally engaged in the range production of live-
 6        stock,  earns a salary and is paid on a salary basis.
 7        (3)  The  overtime provisions of this act shall not apply to an individual
 8    employed in agriculture as that term is defined in this section. 

 9        SECTION 2.  This act shall be in full force and effect on and after  Janu-
10    ary 1, 2000.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS08780C2

This legislation would repeal the exemption from the Idaho minimum
wage law for agricultural workers. It also adds a more clear
definition of what types of work that are normally done on a piece
rate basis that would be excluded. It also excludes salaried
employees and immediate family members.






                           FISCAL NOTE


There should be no impact on the general fund.







CONTACT:  Douglas R. Jones
         332-1000
         
                                    STATEMENT OF PURPOSE/ FISCAL NOTE  Bill No.  H 199