Issue link: http://read.dmtmag.com/i/467731
9 6 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 respectively, to receive workers' compensation benefits despite being classified as volunteers. It appears, however, these specific exemptions apply only to those services that benefit society as a whole, rather than merely promote the interests of businesses or indi- viduals, as in the case of winery volunteers. INTERNSHIPS OR EXPERIENCES? In an effort to circumvent the e m p l o y e e / v o l u n t e e r c l a s s i f i c a - tion, some small businesses may be tempted to provide "internship programs" where individuals could apprentice in order to learn about various aspects of a business or industry. Westover's Smyth, for example, claimed he was "educat- ing people about wine." California wineries should be aware that edu- cational internships will most often be classified as employment by the parties regarding payment." (Hen- derson-Jones v. Indus. Commn. of Arizona, 310 P.3d 976, 981(Ariz. App. 1st Div. 2013)). A r i z o n a , u n l i k e C a l i f o r n i a , accounts for the subjective intent of both the employer and the employee. This subjective intent is an important distinction because individuals – including retirees and persons purely interested in learn- ing about wine – usually have no desire or expectation for monetary compensation. Other jurisdictions have held that a right to payment is a key factor distinguishing an employee from a volunteer. Califor- nia's regulators should look to fol- low this sensible distinction. Still, other jurisdictions carve out specific exemptions permitting volunteers to obtain workers' com- pensation benefits. For instance, in both New York and Utah, there are exceptions that permit volun- tary ambulance and safety officers, DIR, and will still require payment for hours worked. A winery should not assume that merely classifying a person as an intern will provide legal protection. What are small businesses' and wineries' options in light of these arguably draconian regulations? One possible solution may be to o f f e r c u s t o m e r s " w i n e m a k i n g experiences" in exchange for small payments to the winery. An edu- cational experience that includes learning how to properly harvest grapes or how to pour wine like a sommelier is a valued opportunity that could be offered to loyal cus- tomers for small fees. Of course, wineries must be careful, and always seek professional legal advice before engaging in any activ- ity which may constitute a violation of California's labor laws. More than just harming small regional wineries, the DIR's actions deprive all Californians of the #wright_global_graphics #retailive With fresh, creative design concepts, state of the art production, and a worldwide distribution network, Wright Labels has the passion and experience to help you meet your marketing and branding needs. THE Y'LL K NOW YOU BY YOUR LABEL WRIGHT® Global Graphics NORTH ROLINA • GEORGIA • HONG KONG • CHINA 800-678-9019 • www.wrightglobalgraphics.com Large selection of In-Stock Materials • Flexo Roll Printing • Digital Roll Printing • Foil Stamping and Embossing Die Cut • Domed Labels • Hang Tags, Shelf Talkers, Banners, Digital Signage, Mobile Apps Château Élan's Latest Collection