Vineyard & Winery Management

March/April 2015

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BY MICHAEL CAHILL AND RICHARD A. RODRIGUEZ-CAMPBELL + Many small wineries use volunteer workers for special events or to help with harvest. + The California Department of Industrial Relations recently slapped Westover Winery with heavy fines for volunteer violations. + In California, only nonprofit organi- zations and government agencies are allowed to use unpaid volunteers. + Regardless of workers' expecta- tions, winery "volunteers" must be paid at least minimum wage. AT A GLANCE Volunteering for Trouble Lessons from the closure of California's Westover Winery In light of unprecedented fines and penalties amounting to $115,000 levied by the DIR against Westover, California wineries should take time to review and modify their employ- e e / v o l u n t e e r c l a s s i f i c a t i o n s . Otherwise, more wineries may be squeezed out of business. Westover was a small family- run business located in Northern California, with annual net prof- its of about $11,000. After leav- ing the corporate world, owner William Smyth operated the vineyard two days a week out of a passion for winemaking. The Smyth family had been wine producers in California for gen- erations, including among them the first documented female winemaker in the state. Under California law, Westo- ver was required to pay all t is no secret that wineries large and small commonly use unpaid volunteers to help with the harvest, run tast- ing rooms and participate in many facets of the winemaking process. Ever been to a "grape stomp" or a harvest party? Such events can help small-margin businesses meet their bottom lines. And in exchange for a few hours of getting their hands dirty, volunteers receive unique "behind the scenes" winemak- ing experiences, and perhaps a few bottles of good wine. This friendly, neighbor-help- ing-neighbor custom has come to a sudden halt with the action of the California Department of Industrial Relations (DIR) against Westover Winery in Castro Val- l e y, C a l i f . , w h i c h p r o m p t e d Westover to close its doors. 9 4 V I N E YA R D & W I N E RY M A N A G E M E N T | M a r - A p r 2 015 w w w. v w m m e d i a . c o m

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