Volunteers: small wineries.
The bill is designed to support small wineries and microbreweries, which typically produce under 1000 gallons annually, by facilitating training opportunities without the constraints typically imposed on employment relationships. Proponents argue that it promotes skill development within the craft beverage industry while also fostering a culture of volunteering and mentorship. The exemption allows these establishments to engage community members who wish to learn about winemaking or brewing without formal employment complications.
Senate Bill No. 448, introduced by Senator Borgeas, aims to amend the California Labor Code by adding Section 2752, which provides specific exemptions for small wineries and microbreweries. This legislation addresses the classification of individuals who engage in part-time voluntary labor at these facilities in exchange for hands-on training. Under SB448, such volunteers would not be considered employees or apprentices, allowing these businesses to operate without the obligations tied to formal employment status, such as minimum wage and overtime compensation requirements.
Despite its advantages, SB448 raises concerns regarding the potential for worker exploitation. Critics warn that allowing businesses to utilize unpaid labor under the guise of 'training' may lead to abuses, especially if the volunteers perform tasks akin to those of standard employees without receiving the legal protections afforded to workers. Detractors emphasize that the legislation could undermine the intent of labor laws designed to protect workers from exploitation, insisting that all individuals contributing labor should receive formal recognition and compensation.