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California winery put out of business for using volunteers
American Thinker ^ | 09/18/2014 | Thomas Lifson

Posted on 09/18/2014 6:57:16 AM PDT by SeekAndFind

The State of California continues its war on productive activity, fining a small family-owned winery that earns $11,000 a year a whopping $115,000 for the crime of inviting volunteers to learn about wine while helping out with the harvest and the crush. That is enough to drive it out of business, and the winery is starting to lauch a going out of business sale in response.

Rebecca Parr reports in the San Jose Mercury-News:

A small-time vintner's use of volunteer workers has put him out of business after the state squeezed him like a late-summer grape for $115,000 in fines -- and sent a chill through the wine industry.

The volunteers, some of them learning to make wine while helping out, were illegally unpaid laborers, and Westover Winery should have been paying them and paying worker taxes, the state Department of Industrial Relations said.

"I didn't know it was illegal to use volunteers at a winery; it's a common practice," said winery owner Bill Smyth.

State law prohibits for-profit businesses from using volunteers.

At small wineries, the practice of inviting friends and family to help out is virtually universal, as it is a lot of fun, and at harvest time, there is about ten times as much work as usual.

The state’s excuse for ending this party and closing a productive business is pathetic:

Westover was cited for not paying minimum wage, not providing wage statements and not paying workers' compensation insurance, said Peter Melton, a spokesman for California.

"These are not idle things. People should be paid for their labor. The workers' compensation violations are very serious. What happens if someone has a catastrophic injury at the winery?" he asked.

And, he added, "It isn't fair to wineries that are paying their employees


(Excerpt) Read more at americanthinker.com ...


TOPICS: Business/Economy; Extended News; Government; News/Current Events; US: California
KEYWORDS: business; california; volunteer; winery
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1 posted on 09/18/2014 6:57:16 AM PDT by SeekAndFind
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To: SeekAndFind
The real crime was The State didn't get to collect taxes.
2 posted on 09/18/2014 6:59:20 AM PDT by null and void (Only God Himself watches you more closely than the US government.)
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To: SeekAndFind

It’s a good thing that California didn’t split into six states. Can you imagine six Californian states?


3 posted on 09/18/2014 6:59:56 AM PDT by SkyDancer (I Was Told Nobody Is Perfect But Yet, Here I Am)
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To: SeekAndFind

Guess they should call them interns in the future...just like the government does...


4 posted on 09/18/2014 7:02:10 AM PDT by BookmanTheJanitor
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To: SeekAndFind

Should’ve claimed it was a wine making school and charged $1 tuition.


5 posted on 09/18/2014 7:03:04 AM PDT by Politically Correct (A member of the rabble in good standing)
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To: SeekAndFind

Example of communists California at work. This State is trashed by the communists democrats.


6 posted on 09/18/2014 7:03:09 AM PDT by Logical me
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To: SeekAndFind

Crazy.

So two people can’t form their own private contract between themselves anymore without the state becoming involved. It’s their choice if the “worker” wants to exchange his labor not for money but for a good or service. Or at least it should be. Of course if such a barter takes place the state loses out on its cut (like a mobster cheated out of protection money).

That’s what this is. It’s racketeering on the part of the state. They even say so themselves when they justify their oppression by crying “What if someone gets hurt while on the job?”

Absolutely un-American. Sad what’s happened to this family and their country.


7 posted on 09/18/2014 7:04:01 AM PDT by FourtySeven (47)
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To: SeekAndFind

From the article:

“As regionally syndicated talk show host Joe Getty puts it, the State of California is like the Mafia: they want a cut of everything that goes on in its turf. And like the Mafia, it will destsroy those who refuse to give them a cut.”

Nailed it right there.


8 posted on 09/18/2014 7:05:10 AM PDT by V_TWIN
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To: Politically Correct

But the wine making curriculum of that school would have to include gender diversity training, have bilingual instructors that belong to a union, and require regular inspections by the State in order to keep its educational license.


9 posted on 09/18/2014 7:05:37 AM PDT by Textide (Lord, grant that I may always be right, for thou knowest I am hard to turn. ~ Scotch-Irish prayer)
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To: SkyDancer

Hey Sky, the reason folks want to split is that there are millions of us conservatives who are disenfranchised by the lunacy from Sacramento, demoncRAT super majority.

So before you get all high and mighty and start slamming CA, you would do well to understand the politics behind such a movement...the CONSERVATIVES want to be a separate state...to leave the liberal morons (redundant) and go on about our lives in peace.

I can imagine at least 2 CA states under such circumstances...


10 posted on 09/18/2014 7:06:20 AM PDT by SZonian (Throwing our allegiances to political parties in the long run gave away our liberty.)
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To: FourtySeven

Not using illegal invaders is the real crime.


11 posted on 09/18/2014 7:07:01 AM PDT by magna carta
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To: SeekAndFind

“You didn’t make that”!


12 posted on 09/18/2014 7:07:07 AM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: Politically Correct

Should’ve claimed it was a wine making school and charged $1 tuition.


Then give everyone a full scholarship.


13 posted on 09/18/2014 7:07:08 AM PDT by fungoking (Tis a pleasure to live in the Ozarks)
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To: SeekAndFind

Make every volunteer purchase a .001% share in the company first. Then they aren’t employees, they are self employed small business owners working for their stake in their business.


14 posted on 09/18/2014 7:07:32 AM PDT by circlecity
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To: SeekAndFind

It’s sad that people cannot make their own decisions about volunteer labor but at least we can all take comfort in the fact the in California everybody is working legally, getting paid above the table, and paying their taxes.


15 posted on 09/18/2014 7:08:08 AM PDT by posterchild (It takes a politician to declare a settled science.)
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To: SeekAndFind

California seems bent on state suicide.


16 posted on 09/18/2014 7:09:50 AM PDT by clintonh8r (It's possible to love your country and hate your government. I'm proof of it.)
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To: SeekAndFind

The State of California doesn’t have anything better to do than that? Geez


17 posted on 09/18/2014 7:11:23 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: SeekAndFind

It seems to me that giving a free education course and a bottle of the finished product is just compensation.


18 posted on 09/18/2014 7:13:37 AM PDT by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: SeekAndFind
"State of California is like the Mafia: they want a cut of everything that goes on in its turf. And like the Mafia, it will destsroy those who refuse to give them a cut.

I would like to post this 1,000 times for emphasis, but since Freepers know it, once will do, so here goes:

State of California is like the Mafia: they want a cut of everything that goes on in its turf. And like the Mafia, it will destsroy those who refuse to give them a cut.

19 posted on 09/18/2014 7:13:52 AM PDT by I am Richard Brandon
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To: SeekAndFind

Can they put Michael Moore out of business?


20 posted on 09/18/2014 7:13:53 AM PDT by Zuse (I am disrupted! I am offended! I am insulted! I am outraged!)
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