November 28, 2000
MINUTES of PUBLIC MEETING
INDUSTRIAL WELFARE COMMISSION
October 23, 2000
In accordance, with Labor Code Sections 1173, 1178.5 and 1182, the Industrial Welfare Commission ("IWC") held a public meeting on October 23, 2000, in Sacramento, at the State Capitol, Room 4202, to consider promulgating regulations for new wage orders.
Chairman Bill Dombrowski opened the hearing at 10:08 a.m. Commissioners Barry Broad, Leslee Coleman, and Harold Rose were present. Commissioner Doug Bosco arrived 10:09 a.m. after role was called. The IWC's staff, including, Executive Officer Andrew Baron, Principal Analyst Michael Moreno, Analyst Nikki Verrett, Management Service Technician Traci Pilgrim, as well as the IWC's legal counsel, Deputy Attorney General Marguerite Stricklin, were also present.
Commissioner Broad moved that the proposed document entitled "Motion Concerning On-Site Occupations Wage Order," which contained language negotiated between employers and employees in the on-site industries, be adopted with the additional requirement that any action taken by the IWC on the minimum wage be included in the new wage order. Commissioner Rose seconded the motion. The motion passed unanimously.
Commissioner Dombrowski proposed an amendment to the On-Site Industries Wage Order with regard to onshore processing facilities associated with offshore production of oil and gas. The amendment provides that employees that work at onshore facilities that do separation work for offshore drilling sites could vote for a 12-hour day. Commissioner Coleman seconded the motion. The motion passed unanimously.
Commissioner Broad offered a motion with regard to the exemptions from the minimum wage and to agricultural professionals. As to the General Minimum Wage Order itself, he proposed deleting the reference to public employees, minors, student nurses, professional actors, and full-time carnival ride operators, per the noticed proposal, and amending Section 5 of the Order, which cross-references the minimum wage provisions in the other industry and occupation wage orders. Also, with regard to personal attendants, he proposed applying the minimum wage and other related provisions to personal attendants, except those who are under the age of 18 and are employed as babysitters for a minor child of the employer in the employer's home. With regard to learners, he proposed making the rule allowing a learner's wage to be 85 percent of the minimum wage for the first 160 hours of employment applicable to minors as well as those above the age of 18. In addition, he proposed that the exemption for sheepherders be eliminated and, as an alternative to the minimum wage, create a monthly minimum wage of $1,600 for sheepherders employed on a 24-hour, seven-day-a-week schedule, with a credit for meals and lodging of no more than $400, if certain protective conditions are met. His motion regarding agricultural professionals increased the remuneration required to be eligible for exemption from $900 per month to two times the state monthly minimum wage. Commissioner Rose seconded the motion. This motion passed with the sheepherder section removed. The IWC decided that it should conduct an investigation of the hours and working conditions of sheepherders before taking any further action on their behalf.
Commissioner Bosco proposed a motion to increase the minimum wage by fifty cents a year over a two-year period, increasing the meals and lodging credits proportionally, and amending the relevant sections of all of the wage orders. Commissioner Coleman seconded the motion, which passed unanimously.
The following individuals presented testimony:
On-Site Construction, Drilling, Logging, and Mining
SCOTT WETCH, State Building and Construction Trades Council
PAUL COHEN, Northern California Carpenters
PATRICIA GATES, Van Bourg, Weinberg, Roger, and Rosenfeld
JAMIE KAHN, Associated General Contractors
LARRY ROHLFES, California Landscape Contractors Association
JOHN BARANEK, family farmer
ART PULASKI, California Labor Federation, AFL-CIO
JOAN LEE, Grey Panthers, Older Women's League
CHRIS SCHNEIDER, Central California Legal Services
VICTOR FLORES, Sheepherders Union 23
TOM RANKIN, California Labor Federation, AFL-CIO
After the IWC determined that no one present wished to give further testimony, it was agreed by common consent to adjourn the public meeting at 10:47 a.m. Commissioner Broad moved to adjourn. Commissioner Rose seconded. The motion was unanimously passed.
Andrew R. Baron
Bill Dombrowski, Chairperson