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H0464..........................................by TRAIL, ROBISON AND BIETER
FARM WORKERS - MINIMUM WAGE - Amends and adds to existing law to provide,
effective January 1, 2002, a minimum wage law for agricultural piece rate
workers; to provide that overtime provisions shall not apply to an
individual employed in agriculture; and to provide recordkeeping
requirements.
01/31 House intro - 1st rdg - to printing
02/01 Rpt prt - to Agric Aff
H0464
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 464
BY TRAIL, ROBISON AND BIETER
1 AN ACT
2 RELATING TO MINIMUM WAGES FOR AGRICULTURAL WORKERS; AMENDING SECTION 44-1504,
3 IDAHO CODE, TO PROVIDE APPLICATION OF A MINIMUM WAGE LAW FOR AGRICULTURAL
4 PIECE RATE WORKERS AND TO PROVIDE THAT OVERTIME PROVISIONS SHALL NOT APPLY
5 TO AN INDIVIDUAL EMPLOYED IN AGRICULTURE AND TO MAKE A TECHNICAL CORREC-
6 TION; AMENDING TITLE 44, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 16,
7 TITLE 44, IDAHO CODE, TO PROVIDE A MINIMUM WAGE FOR AGRICULTURAL PIECE
8 RATE WORKERS AND TO PROVIDE RECORDKEEPING REQUIREMENTS; AND PROVIDING AN
9 EFFECTIVE DATE.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 44-1504, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 44-1504. EMPLOYEES EXCEPTED FROM PROVISIONS OF ACT. The provisions of
14 this act shall not apply to any employee employed in a bona fide executive,
15 administrative, or professional capacity, to agricultural labor as that term
16 is defined in section 72-1304, Idaho Code, to anyone engaged in domestic ser-
17 vice, to any individual employed as an outside salesman, to seasonal employees
18 of a nonprofit camping program, or to any child under the age of sixteen (16)
19 years working part-time or at odd jobs not exceeding a total of four (4) hours
20 per day with any one (1) employer. The provisions of chapter 16, title 44,
21 Idaho Code, shall apply to agricultural labor as that term is defined in sec-
22 tion 72-1304, Idaho Code. The overtime provisions of this act shall not apply
23 to an individual employed in agriculture.
24 SECTION 2. That Title 44, Idaho Code, be, and the same is hereby amended
25 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
26 ter 16, Title 44, Idaho Code, and to read as follows:
27 CHAPTER 16
28 MINIMUM WAGE -- AGRICULTURAL PIECE RATE WORKERS
29 44-1601. MINIMUM WAGE FOR AGRICULTURAL PIECE RATE WORKERS. When an agri-
30 cultural worker is paid by a piece rate, the wages received by the worker must
31 equal at least the minimum hourly wage as provided for in section 44-1502,
32 Idaho Code. In order to ensure that the worker receives at least the minimum
33 hourly wage, the employer shall maintain records of the piece rate, the number
34 of pieces or units achieved, and the hours worked by the worker.
35 SECTION 3. This act shall be in full force and effect on and after Janu-
36 ary 1, 2002.
STATEMENT OF PURPOSE
RS 09679
This legislation would extend the $5.15 Idaho minimum
wage to cover farm workers providing for them the same
policy that now applies to more than 500,000 non-farm
workers. Farm workers would be covered effective
January 1, 2002. The legislation:
1. Would not eliminate the use of the piece rate but
would require that a person employed on a piece rate
basis is able to earn the equivalent of the minimum
wage.
2. Would exclude farm workers from the overtime pay
provision that applies to most Idaho workers.
3. Would allow farmers to receive credit if they
provide housing or food.
4. Would allow a training wage of $4.25 an hour for
employees under age 20 for the first 90 consecutive
days of employment.
5. The Idaho law limiting child labor for children
under age 14 does not apply to farm workers and that
would continue.
While large farm operations (employing 500 man-days
of labor per quarter) are covered by the federal minimum
wage, and many Idaho farmers choose to pay the minimum
wage or more, surveys show that a substantial number of
Idaho farm workers do not receive the minimum wage.
There are 11,000 children of Idaho farm workers in Idaho
public schools. If they are to succeed, their parents need
to be able to earn at least the minimum wage.
FISCAL NOTE
In the 2002 fiscal year, a general fund appropriation of
$120,000 would be required for the wage and hour division
of the Department of Labor to administer the change in the
law.
CONTACT:
Rep. Ken Robison 332-1000
Rep. Tom Trail 332-1000
Rep. David Bieter 332-1000
Maria Gonzalez Mabbutt 467-6643
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 464