No overtime for you!


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  1. TheBeardedMann

    TheBeardedMann Well-Known Member This Topic's Starter

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    Schwarzenegger vetoes overtime for farmworkers - latimes.com
    I can't believe he vetoed this! Farm workers should have an 8 hour day like most of the workforce has. It would not raise costs that much, it would, but we aren't talking about high paying jobs here. It's not like it's overtime on a $40 per hour job.
     

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  2. mpw

    mpw Well-Known Member

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    What a stupid decision. Either all people are to be treated equally, or they're not. I subscribe to equality and fair play, and just can't accept any of the arguments made in favour of this exemption.:mad:
     
  3. copestag

    copestag Well-Known Member

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    is this really a problem anyhow? since its california and 99% of the farm workers arent legally entitled to regular time pay let alone overtime
     
  4. LiamSHepard

    LiamSHepard Well-Known Member

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    I think there is more to this and this is just one small part of it. I suggest reading the ENTIRE thing he vetoed. It's like any law, or any book it is easy to take one thing out of context. Please post a link to the ENTIRE law or bill or whatever was vetoed not just an excerpt from an LAtimes headline.

    Edit: politicians are known for adding extra bullshit into laws and bills then hiding it behind "The good of the people" when the party that initiated the law or bill does not get their way.
     
  5. mpw

    mpw Well-Known Member

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    Thar she blows!
    Seems pretty straight forward to me, I don't think the context has been skewed at all.

    Doesn't seem to be the case here though.
     
  6. LiamSHepard

    LiamSHepard Well-Known Member

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    I will await a link to view the actual law/bill.
     
  7. mpw

    mpw Well-Known Member

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    :confused: That is a link to Senate Bill SB1121
     
  8. LiamSHepard

    LiamSHepard Well-Known Member

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    Well according to this the chief of the division of labor standards enforcement may when in his or her judgement hardship will result, exempt any employer or employees from the provisions of sections 551 and 552.

    Section 551 of California labor law:
    States: Every person employed in any occupation of labor is entitled to one days rest in seven.


    Sections 552 of Caifornia labor law:
    No employer of labor shall cause his employees to work more than six days in seven.

    So this bill states that the chief of the division of labor standard chooses he can make them work without rest as long as he wants them to. It doesn't seem fair to me that people have to work more than 7 days in a row without a period of rest, seems a bit like forced labor.

    Edit: If it was not abused by business or chief of the division of labor in the past it would not be part of the labor laws now. Bills are always double sided.

    Edit: Sorry didn't realize it was a link.
     
  9. LiamSHepard

    LiamSHepard Well-Known Member

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    Also here is a link to california labor laws. I do not see anywhere in it that currently states agricultural employees are not currently entitled to overtime.

    CALIFORNIA LABOR CODE
     
  10. copestag

    copestag Well-Known Member

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    did I miss something?........ the article doesnt cite a specific bill so I just have to assume that link is the matter at hand......... if that is indeed the link to the ENTIRE bill (amendment in this case) then where exactly does it say ANYTHING about overtime in the actual law literature....... it says in the preface that its to remove the exemption..... but in the text it only discusses giving the equivalent of 1 day in 7 rest (which by the way only means they have to give at most 4 days off a month, this could be construed as 24 days straight then 4 days off legally)....... so how exactly did he veto overtime when it wasnt even presented to him?
     
  11. mpw

    mpw Well-Known Member

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    (your link seems to be broken to the relevant sections)
    Section 510:
    "(a) Eight hours of labor constitutes a day's work. Any work in
    excess of eight hours in one workday and any work in excess of 40
    hours in any one workweek and the first eight hours worked on the
    seventh day of work in any one workweek shall be compensated at the
    rate of no less than one and one-half times the regular rate of pay
    for an employee. Any work in excess of 12 hours in one day shall be
    compensated at the rate of no less than twice the regular rate of pay
    for an employee. In addition, any work in excess of eight hours on
    any seventh day of a workweek shall be compensated at the rate of no
    less than twice the regular rate of pay of an employee...
    "

    Section 554 as stands:
    "(a) Sections 551 and 552 shall not apply to any cases of
    emergency nor to work performed in the protection of life or property
    from loss or destruction, nor to any common carrier engaged in or
    connected with the movement of trains. This chapter, with the
    exception of Section 558, shall not apply to any person employed in
    an agricultural occupation, as defined in Order No. 14-80 (operative
    January 1, 1998) of the Industrial Welfare Commission.
    Nothing in
    this chapter shall be construed to prevent an accumulation of days of
    rest when the nature of the employment reasonably requires that the
    employee work seven or more consecutive days, if in each calendar
    month the employee receives days of rest equivalent to one day's rest
    in seven...
    "

    The part highlighted in red is the what SB1121 wanted removed by amendment, which would exempt agri-workers from the rights given to other workers in section 510.

    The current law discriminates against agri-workers, by vetoing the amendment he vetoed them having the right to section 510 as above.

    At least that's my understanding.
     
  12. hakr100

    hakr100 Well-Known Member

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    Am I supposed to be surprised that in the United States, workers are considered no more than chattel by many employers? It's not just farm workers who are exploited, although in many ways their exploitation is the cruelest of all. There are thousands of wage-hour violations all over these United States, and millions of workers who are exposed to unsafe working conditions.
     

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