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S1029....................by SCHROEDER, INGRAM, STENNETT, WHITWORTH, DUNKLIN
AGRICULTURAL LABOR - Amends existing law to provide for application of
minimum wage law to agricultural workers and to provide recordkeeping
requirements for agricultural piece rate workers.
01/19 Senate intro - 1st rdg - to printing
01/22 Rpt prt - to Com/HuRes
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1029
BY SCHROEDER, INGRAM, STENNETT, WHITWORTH, DUNKLIN
1 AN ACT
2 RELATING TO MINIMUM WAGE LAW; AMENDING SECTION 44-1502, IDAHO CODE, TO PROVIDE
3 RECORDKEEPING REQUIREMENTS FOR AGRICULTURAL PIECE RATE WORKERS; AMENDING
4 SECTION 44-1504, IDAHO CODE, TO PROVIDE APPLICATION OF MINIMUM WAGE LAW TO
5 AGRICULTURAL LABOR; AND PROVIDING AN EFFECTIVE DATE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 44-1502, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 44-1502. MINIMUM WAGES. (1) Except as hereinafter otherwise provided, no
10 employer shall pay to any of his employees any wages computed at a rate of
11 less than four dollars and seventy-five cents ($4.75) commencing April 1,
12 1997, and five dollars and fifteen cents ($5.15) commencing September 1, 1997,
13 per hour for employment.
14 (2) In determining the wage of a tipped employee, the amount paid such
15 employee by an employer shall be deemed to be increased on account of tips
16 actually received by the employee but not by an amount in excess of thir-
17 ty-three percent (33%) of the applicable minimum wage, beginning April 1,
18 1997, and until August 31, 1997, and thirty-five percent (35%) on and after
19 September 1, 1997, as set forth in subsection (1) of this section. In the
20 event a dispute arises between the employee and the employer with respect to
21 the amount of tips actually received by the employee, it shall be the
22 employer's burden to demonstrate the amount of tips actually received by the
23 employee. Any portion of tips paid to an employee, which is shared with other
24 employees under a tip pooling or similar arrangement, shall not be deemed, for
25 the purpose of this section, to be tips actually received by the employee.
26 (3) In lieu of the rate prescribed by subsection (1) of this section, an
27 employer may pay an employee who has not attained twenty (20) years of age a
28 wage which is not less than four dollars and twenty-five cents ($4.25) an hour
29 during the first ninety (90) consecutive calendar days after such employee is
30 initially employed. No employer may take any action to displace employees
31 (including partial displacements such as reduction in hours, wages or employ-
32 ment benefits) for purposes of hiring individuals at the wage authorized in
33 this subsection.
34 (4) In order to ensure that the agricultural piece rate worker receives
35 at least the minimum hourly wage, the employer shall maintain records of the
36 piece rate, the number of pieces or units achieved, and the hours worked by
37 the agricultural worker.
38 SECTION 2. That Section 44-1504, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 44-1504. EMPLOYEES EXCEPTED FROM PROVISIONS OF ACT. The provisions of
41 this act shall not apply to any employee employed in a bona fide executive,
2
1 administrative, or professional capacity, to agricultural labor as that term
2 is defined in section 72-1304, Idaho Code, to anyone engaged in domestic ser-
3 vice, to any individual employed as an outside salesman, to seasonal employees
4 of a nonprofit camping program, or to any child under the age of sixteen (16)
5 years working part time or at odd jobs not exceeding a total of four (4) hours
6 per day with any one (1) employer.
7 SECTION 3. This act shall be in full force and effect on and after Janu-
8 ary 1, 2002.
STATEMENT OF PURPOSE
RS 10656
The purpose of this legislation is to amend Section 44-1502, Idaho Code, to
provide record keeping requirements for agricultural piece rate workers and
to amend Section 44-1504, Idaho Code, to provide application of minimum
wage law to agricultural labor.
FISCAL IMPACT
This bill will not have an impact on state of local government funds.
Contact:
Senator Gary J. Schroeder 332-321
Senator Cecil Ingram 331-1376
Senator Clint Stennett 332-1380
Senator Lin Whitworth 332-1382
Senator Betsy Dunklin 332-1382
STATEMENT OF PURPOSE/FISCAL IMPACT S1029
S 1029