California: Fine for Volunteer Labor Makes Wineries Wary

Oct 14, 2014

(Wines&Vines) - California seems to be paying more attention to laws that restrict volunteer grape pickers and other labor.

Owner Bill Smyth of Westover Winery in Castro Valley is closing his winery after the California Division of Labor Standards Enforcement assessed him $115,550 in fines, back wages and penalties for using unpaid volunteers to pick grapes. 

The state apparently acted after a volunteer suffered an arm injury after the work was completed and asked Smyth to pay the medical expenses. He refused to pay unless she agreed not to press further claims, as he was afraid her insurance company might pursue him for damages.

The injured party, Kim Cantacessi, now works as a field representative for the Service Employees International Union, a labor union with 2 million members.

Smyth is hardly the only winery owner to use volunteers. Many people consider picking grapes and working at wineries to be a form of entertainment, if not a privilege that often comes with bottles of wine or parties as perks. Some travel services even offer to arrange for volunteers to pick grapes in Italy and France.

David Harmon invites people who’ve bought his Carneros della Notte wine to pick for an hour and then enjoy a party, but he says they don’t really pick that many grapes. “I have to hire a crew,” Harmon said. He came up with an “Own a Vineyard” scheme, through which people could “buy” a vine or two for a year and pick the grapes if they choose.


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