2000 Legislation
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HOUSE BILL NO. 500 – Farm workers, minimum wage

HOUSE BILL NO. 500

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H0500.........................................by ROBISON, BIETER, AND TRAIL
FARM WORKERS - MINIMUM WAGE - Amends and adds to existing law to provide,
effective January 1, 2002, a minimum wage law for farm workers and for
agricultural piece rate workers; to provide that overtime provisions shall
not apply to an individual employed in agriculture; and to provide
recordkeeping requirements.
                                                                        
02/03    House intro - 1st rdg - to printing
02/04    Rpt prt - to Agric Aff

Bill Text


 H0500
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 500
                                                                        
                               BY ROBISON, BIETER, AND TRAIL
                                                                        
  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        LABOR, TO PROVIDE THAT OVERTIME PROVISIONS SHALL NOT APPLY TO AN  INDIVID-
  5        UAL  EMPLOYED  IN AGRICULTURE AND TO MAKE A TECHNICAL CORRECTION; AMENDING
  6        TITLE 44, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 16, TITLE 44, IDAHO
  7        CODE, TO PROVIDE A MINIMUM WAGE FOR AGRICULTURAL PIECE RATE WORKERS AND TO
  8        PROVIDE RECORDKEEPING REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 44-1504, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        44-1504.  EMPLOYEES  EXCEPTED  FROM  PROVISIONS  OF ACT. The provisions of
 13    this act shall not apply to any employee employed in a  bona  fide  executive,
 14    administrative,  or  professional capacity, to agricultural labor as that term
 15    is defined in section 72-1304, Idaho Code, to anyone engaged in domestic  ser-
 16    vice, to any individual employed as an outside salesman, to seasonal employees
 17    of  a nonprofit camping program, or to any child under the age of sixteen (16)
 18    years working part-time or at odd jobs not exceeding a total of four (4) hours
 19    per day with any one (1) employer. The provisions of  chapter  16,  title  44,
 20    Idaho  Code, shall apply to agricultural labor as that term is defined in sec-
 21    tion 72-1304, Idaho Code. The overtime provisions of this act shall not  apply
 22    to an individual employed in agriculture.
                                                                        
 23        SECTION  2.  That Title 44, Idaho Code, be, and the same is hereby amended
 24    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 25    ter 16, Title 44, Idaho Code, and to read as follows:
                                                                        
 26                                      CHAPTER 16
 27                   MINIMUM WAGE -- AGRICULTURAL PIECE RATE WORKERS
                                                                        
 28        44-1601.  MINIMUM  WAGE FOR AGRICULTURAL PIECE RATE WORKERS. When an agri-
 29    cultural worker is paid by a piece rate, the wages received by the worker must
 30    equal at least the minimum hourly wage as provided  for  in  section  44-1502,
 31    Idaho  Code.  In order to ensure that the worker receives at least the minimum
 32    hourly wage, the employer shall maintain records of the piece rate, the number
 33    of pieces or units achieved, and the hours worked by the worker.
                                                                        
 34        SECTION 3.  This act shall be in full force and effect on and after  Janu-
 35    ary  1, 2002.

Statement of Purpose / Fiscal Impact


                                
                     STATEMENT OF PURPOSE 
                            RS09861 
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 use of the piece rate but would require that a person employed on a piece
rate 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 larger 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 substantial numbers 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                                   H 500