2002 Legislation
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SENATE BILL NO. 1291 – Minimum wage, agric labor, exmptn

SENATE BILL NO. 1291

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Daily Data Tracking History



S1291.......................................by COMMERCE AND HUMAN RESOURCES
AGRICULTURAL LABOR - MINIMUM WAGE - Amends existing law to provide that an
agricultural employee is exempt from the minimum wage law if such employee
is paid on a piece-rate basis, commutes daily from his permanent residence
to the farm where he is employed and was employed in agriculture less than
thirteen weeks during the preceding calendar year.
                                                                        
01/16    Senate intro - 1st rdg - to printing
01/17    Rpt prt - to Com/HuRes

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1291
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MINIMUM WAGE LAW; AMENDING SECTION 44-1504, IDAHO CODE, TO  DELETE
  3        THE AGE REQUIREMENT FOR AN EXEMPTED AGRICULTURAL EMPLOYEE IF SUCH EMPLOYEE
  4        IS PAID ON A PIECE-RATE BASIS, COMMUTES DAILY FROM HIS PERMANENT RESIDENCE
  5        TO THE FARM WHERE HE IS EMPLOYED AND HAS BEEN EMPLOYED IN AGRICULTURE LESS
  6        THAN THIRTEEN WEEKS DURING THE PRECEDING CALENDAR YEAR; DECLARING AN EMER-
  7        GENCY AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section 44-1504, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        44-1504.  EMPLOYEES EXCEPTED FROM PROVISIONS OF  ACT.  The  provisions  of
 12    this act shall not apply to:
 13        (1)  Any  employee  employed  in  a bona fide executive, administrative or
 14    professional capacity; or
 15        (2)  Anyone engaged in domestic service; or
 16        (3)  Any individual employed as an outside salesman; or
 17        (4)  Seasonal employees of a nonprofit camping program; or
 18        (5)  Any child under the age of sixteen (16) years working part time or at
 19    odd jobs not exceeding a total of four (4) hours per  day  with  any  one  (1)
 20    employer; or
 21        (6)  Any individual employed in agriculture if:
 22        (a)  Such  employee  is  the  parent, spouse, child or other member of his
 23        employer's immediate family; or
 24        (b)  Such employee: is older than sixteen (16) years of age and:
 25             (i)   Is employed as a harvest laborer and is paid  on  a  piece-rate
 26             basis  in  an operation which has been, and is customarily and gener-
 27             ally recognized as having been, paid on a  piece-rate  basis  in  the
 28             region of employment, and
 29             (ii)  Commutes  daily  from  his  permanent  residence to the farm on
 30             which he is so employed, and
 31             (iii) Has been Was employed in agriculture less  than  thirteen  (13)
 32             weeks during the preceding calendar year; or
 33        (c)  Such employee is sixteen (16) years of age or under and:
 34             (i)   Is employed as a harvest laborer, is paid on a piece-rate basis
 35             in an operation which has been, and is customarily and generally rec-
 36             ognized  as  having been, paid on a piece-rate basis in the region of
 37             employment, and
 38             (ii)  Is employed on the same farm as his parent or  person  standing
 39             in the place of his parent, and
 40             (iii) Is  paid at the same piece-rate basis as employees over the age
 41             of sixteen (16) years are paid on the same farm; or
 42        (d)  Such employee is principally engaged in the range production of live-
 43        stock.
                                                                        
                                           2
                                                                        
  1        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
  2    declared to exist, this act shall be in full force and effect on and after its
  3    passage and approval, and retroactively to January 1, 2002.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                          RS 11413

This bill makes a technical correction to Idaho's  Minimum Wage Law.  
The current language of Idaho Code  44-1504(6)(b) exempts only 
seasonal agricultural workers over sixteen (16) y ears of age from 
the minimum wage law.  This bill will eliminate the age limitation of 
this exemption and exempt all seasonal agricultural workers from the 
minimum wage law who are paid on a piece rate basis, commute daily 
from their permanent residence to the farm where they are employed,
and work in agriculture less than thirteen (13) weeks a year. This 
change will bring this exemption into conformity with the
corresponding minimum wage exemption in federal law.
                         
                         FISCAL IMPACT

This technical amendment will be revenue neutral and will have no 
fiscal impact on the State General fund, any other state fund, or on 
local governments.

CONTACT

Name:  Dwight Johnson
Agency:     Labor, Dept. of
Phone: 332-3570 ext. 3209

Statement of Purpose/Fiscal Impact        S 1291