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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
|||| 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
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