Posted by Walt on June 21, 2005 at 14:05:09:
In Reply to: If there are 20 divers on the boat posted by North Coast Diver on June 21, 2005 at 13:10:21:
As it pertains to crew (fishing boat provisions...diving may be covered by similar orders governing Recreation or Misc. Industries):
(E) If the employee is a crew member employed on a commercial passenger fishing boat licensed pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code, the minimum wage obligation of this section may, at the employer’s option, be satisfied by paying employees according to the following formula:
(1) A "one-half day trip" shall be comprised of a maximum of six (6) hours of work compensated at a rate of no less than six (6) times the hourly minimum wage.
(2) A "three-quarter day trip" shall be comprised of a maximum of ten (10) hours of work compensated at a rate of no less than ten (10) times the hourly minimum wage.
(3) A "full-day trip" shall be comprised of a maximum of 12 hours of work compensated at a rate of no less than 12 times the hourly minimum wage.
(4) An "overnight trip" shall be comprised of a maximum of 12 hours worked within a period of no less than 24 hours compensated at a rate of no less than 12 times the hourly minimum wage.
Nothing in this subsection relieves the employer of the obligation to pay employees no less than the minimum wage for all hours worked.
California minimum wage is $6.75 an hour (unchanged since 2002)..just do teh math to find the MINIMUM compensation.
Section 1199. Every employer or other person acting either individually or as an officer, agent, or employee of another person is guilty of a misdemeanor and is punishable by a fine of not less than one hundred dollars ($100) or by imprisonment for not less than 30 days, or by both, who does any of the following:
(a) Requires or causes any employee to work for longer hours than those fixed, or under conditions of labor prohibited by an order of the commission.
(b) Pays or causes to be paid to any employee a wage less than the minimum fixed by an order of the commission.
(c) Violates or refuses or neglects to comply with any provision of this chapter or any order or ruling of the commission
If these laws were uniformly followed, the dive trip price would likely go up (which would be fair as no one should expect the owners to eat this) and your tip would truely be a measure of the service you received - like a restaurant or hotel...still in the $10 to $15 range. I don't know of anyone who can live on the California Minimum wage, so tip well.
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