PRINTER'S NO. 83
No. 89 Session of 2005
INTRODUCED BY STEIL, BUNT, CALTAGIRONE, DALEY, FABRIZIO, FLICK,
FRANKEL, HARHAI, HERMAN, KILLION, LEACH, MELIO, O'NEILL,
RUBLEY, SAYLOR, E. Z. TAYLOR, THOMAS, WATSON, WRIGHT,
YOUNGBLOOD AND HENNESSEY, JANUARY 25, 2005
REFERRED TO COMMITTEE ON LABOR RELATIONS, JANUARY 25, 2005
AN ACT
1 Regulating child labor; conferring powers and duties on the
2 Department of Labor and Industry and the Department of
3 Education; imposing penalties; and making a repeal.
4 TABLE OF CONTENTS
5 Section 1. Short title.
6 Section 2. Legislative intent.
7 Section 3. Definitions.
8 Section 4. General limitations on employment of minors.
9 Section 5. Employment of minors under 14 years of age.
10 Section 6. Employment of minors under 16 years of age.
11 Section 7. Employment of minors 16 years of age or older.
12 Section 8. Employment of minors as performers in theater or
13 film productions.
14 Section 9. Minors serving in volunteer emergency service
15 organizations.
16 Section 10. Duties of employer.
17 Section 11. Work permit.
1 Section 12. Administration.
2 Section 13. Penalties.
3 Section 14. Employment of minors in student-learner and
4 apprenticeship programs.
5 Section 15. Applicability.
6 Section 29. Repeal.
7 Section 30. Effective date.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the Child Labor
12 Act.
13 Section 2. Legislative intent.
14 In the interest of ensuring that there is a clear set of
15 standards for employers to follow in the employment of children
16 under 18 years of age, the General Assembly recognizes that the
17 current law in this area must be updated and, in order to avoid
18 confusion, must be as consistent as possible with Federal
19 standards. This act is intended to update the Commonwealth's
20 laws regulating the employment of children under 18 years of
21 age, and it is intended to promulgate standards which are as
22 consistent as possible with regulations promulgated pursuant to
23 the Fair Labor Standards Act which regulate the employment of
24 children under 18 years of age.
25 Section 3. Definitions.
26 The following words and phrases when used in this act shall
27 have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 "Department." The Department of Labor and Industry of the
30 Commonwealth.
20050H0089B0083 - 2 -
1 "Employer." A person that employs a minor.
2 "Enforcement officer." Any of the following:
3 (1) The Secretary of Labor and Industry, a designee who
4 is an employee of the Department of Labor and Industry or an
5 attorney of the Office of General Counsel who is assigned to
6 the department.
7 (2) A chief school administrator.
8 (3) A home and school visitor.
9 (4) An attendance officer appointed under section 1342
10 of the act of March 10, 1949 (P.L.30, No.14), known as the
11 Public School Code of 1949.
12 (5) An issuing officer.
13 (6) A law enforcement officer.
14 "Establishment." A place within this Commonwealth where work
15 is done for compensation of any kind.
16 "Fair Labor Standards Act." The Fair Labor Standards Act of
17 1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.).
18 "Hours of employment." Hours outside school hours
19 established by the appropriate school district.
20 "Issuing officer." One of the following:
21 (1) A district superintendent or supervising principal
22 of a public school district or, if a public school district
23 does not have a district superintendent or supervising
24 principal, the secretary of the board of school directors of
25 the district.
26 (2) An individual authorized in writing by the
27 appropriate individual under paragraph (1) to issue a
28 certificate or permit.
29 "Minor." An individual under 18 years of age.
30 "Person." The Commonwealth, any political subdivision or
20050H0089B0083 - 3 -
1 instrumentality or authority of a political subdivision, an
2 individual, a partnership, a corporation, a nonprofit
3 corporation or an unincorporated association.
4 "Regular school week." The five days beginning with Monday
5 through Friday in which school is in session.
6 "Secretary." The Secretary of Labor and Industry of the
7 Commonwealth.
8 "Volunteer emergency service organization." A volunteer fire
9 company, volunteer ambulance organization, volunteer rescue
10 organization or a volunteer forest firefighting organization.
11 "Work permit." A transferable work permit entitling a minor
12 to employment.
13 "Youth peddling." The selling of goods or services by minors
14 to customers at residences, places of business or public places,
15 including street corners, roadway medians, sports and performing
16 arts facilities and public transportation stations. The term
17 includes sales from vehicles or the placement of advertisements
18 or literature outside of fixed retail locations. The term does
19 not include any of the following:
20 (1) Minors who sell products, goods or services as
21 volunteers without compensation on behalf of nonprofit
22 organizations, including organizations that:
23 (i) qualify as nonprofit under section 501(c)(3) of
24 the Internal Revenue Code of 1986 (Public Law 99-514, 26
25 U.S.C. § 501(c)(3)); and
26 (ii) meet the registration requirements established
27 by regulations of the Commonwealth.
28 (2) Minors engaged in the delivery of newspapers to
29 consumers at residences or places of business.
30 (3) Minors employed at fixed retail locations in
20050H0089B0083 - 4 -
1 compliance with the provisions of the Fair Labor Standards
2 Act.
3 (4) Minors who:
4 (i) sell products, goods or services under the
5 immediate supervision of a parent or legal guardian; and
6 (ii) do not reside away from their home while
7 engaged in the sales activity.
8 (5) Minors engaged in fundraising activities on behalf
9 of their school or school-related activities.
10 Section 4. General limitations on employment of minors.
11 (a) Rest break.--No minor may be employed for more than five
12 hours continuously without an interval of at least 30 minutes
13 for a rest break. No period of less than 30 minutes shall be
14 deemed to interrupt a continuous period of work.
15 (b) Consecutive days.--
16 (1) Except as otherwise provided for in paragraph (2), a
17 minor may not be employed for more than six consecutive days
18 in a single week.
19 (2) A minor who is engaged in newspaper delivery may be
20 employed for seven consecutive days in a single week.
21 (c) Establishments.--Minors may not be employed in the
22 following establishments:
23 (1) Billiard rooms.
24 (2) Except as set forth in section 6(a)(2) (relating to
25 employment of minors under 16 years of age) or 7(c) (relating
26 to employment of minors 16 years of age or older),
27 establishments where alcoholic beverages are produced, sold
28 or dispensed.
29 (3) Establishments determined by the department, through
30 regulation, to be hazardous to minors or injurious to health
20050H0089B0083 - 5 -
1 or morals of minors.
2 (d) Prohibited employment.--Unless otherwise permitted by
3 this act, a minor shall not be employed:
4 (1) In any occupation designated as hazardous and
5 otherwise prohibited under the Fair Labor Standards Act and
6 regulations under that act.
7 (2) In any occupation designated as hazardous and
8 otherwise prohibited by the secretary in regulations
9 promulgated under this act.
10 Section 5. Employment of minors under 14 years of age.
11 (a) General limitations.--Except as set forth in subsection
12 (b) or in section 8 (relating to employment of minors as
13 performers in theater or film productions), no minor under 14
14 years of age may be employed.
15 (b) Exceptions.--Irrespective of the limitations set forth
16 in subsection (a), a minor under 14 years of age may be employed
17 as follows:
18 (1) A minor who is at least 12 years of age may be
19 employed as a caddy subject to the following limitations:
20 (i) The minor may not carry more than one golf bag
21 at a time.
22 (ii) Employment may not be for more than 18 holes of
23 golf in a single day.
24 (2) A minor who is at least 11 years of age may engage
25 in the delivery of newspapers as set forth under section
26 6(c)(2) (relating to employment of minors under 16 years of
27 age).
28 Section 6. Employment of minors under 16 years of age.
29 (a) Permitted employment.--
30 (1) Minors who are under 16 years of age may be employed
20050H0089B0083 - 6 -
1 in occupations not prohibited under section 4(d) (relating to
2 general limitations on employment of minors).
3 (2) Irrespective of the limitation in section 4(c)(2), a
4 minor under 16 years of age may be employed at a ski resort,
5 bowling alley, golf course or amusement park where alcoholic
6 beverages are served as long as the minor is not permitted to
7 handle or serve the beverages and is not employed in a room
8 where the beverages are stored or served.
9 (3) A minor under 16 years of age may not be employed in
10 or permitted to conduct youth peddling.
11 (b) Hours of employment.--Except as set forth in subsection
12 (c), hours of employment for minors under 16 years of age shall
13 be limited as follows:
14 (1) Subject to regulations under section 12(a)(2)
15 (relating to administration), the minor may not be employed
16 before 7 a.m. or after 7 p.m., except that, during the school
17 vacation period from June to Labor Day, a minor shall be
18 permitted to be employed until 9 p.m.
19 (2) The minor may not be employed for more than three
20 hours on a school day nor more than eight hours on a day when
21 there is no school.
22 (3) The minor may not be employed for more than 18 hours
23 during a week school is in session.
24 (4) The minor may not be employed for more than 40 hours
25 a week when school is not in session.
26 (c) Exceptions.--The following exceptions apply to the
27 prohibitions of subsection (b):
28 (1) Poultry farms.--Minors who are at least 14 years of
29 age or older may be employed until 10 p.m. on a farm by a
30 person other than the farmer in the hatching, raising or
20050H0089B0083 - 7 -
1 harvesting of poultry as long as the minor is not working in
2 an agricultural occupation declared hazardous by the United
3 States Secretary of Labor.
4 (2) Newspaper/periodical delivery.--
5 (i) Minors who are at least 11 years of age may be
6 employed in the delivery and street sale of newspapers
7 after 5 a.m. and before 8 p.m., or until 9 p.m. as set
8 forth in subsection (b)(1).
9 (ii) This paragraph does not apply to the hauling of
10 newspapers to drop centers or distribution centers or
11 other related activities.
12 Section 7. Employment of minors 16 years of age or older.
13 (a) Permitted employment.--Minors who are at least 16 years
14 of age may be employed in occupations not prohibited under
15 section 4(d) (relating to general limitations on employment of
16 minors).
17 (b) Hours of employment.--
18 (1) Except as set forth in paragraph (2), hours of
19 employment for minors at least 16 years of age shall be
20 limited as follows:
21 (i) The minor may not be employed for more than 48
22 hours in a single week.
23 (ii) The minor may not be employed for more than
24 eight hours in a single day.
25 (iii) The minor may not be employed for more than 28
26 hours during a regular school week.
27 (iv) The minor may not be employed between the hours
28 of 12 midnight and 6 a.m. on a school day, except that
29 the minor may be employed until 1 a.m. on an evening
30 before a nonschool day and after 5 a.m. if engaged in the
20050H0089B0083 - 8 -
1 delivery or street sale of newspapers.
2 (2) This subsection does not apply to a minor who:
3 (i) is a high school graduate; or
4 (ii) is exempt from compulsory school attendance
5 requirements under section 1330(1) of the act of March
6 10, 1949 (P.L.30, No.14), known as the Public School Code
7 of 1949.
8 (c) Employment in motels, clubs and restaurants in which
9 liquor is present.--Irrespective of the general limitation
10 delineated in section 4(c)(2), a minor who is at least 16 years
11 of age may be employed as follows in a motel, club and
12 restaurant in which liquor is present:
13 (1) The minor may be employed in that part of the
14 establishment in which alcoholic beverages are not served.
15 (2) The minor may be employed to serve food, clear
16 tables and perform other duties in a licensed establishment
17 whose sales of food and nonalcoholic beverages are equal to
18 at least 40% of the combined gross sales of both food and
19 alcoholic beverages, if duties do not include the dispensing
20 or serving of alcoholic beverages. Before employing a minor
21 under this paragraph, an establishment licensed by the
22 Pennsylvania Liquor Control Board must furnish to the issuing
23 officer a certification that, for a period of not less than
24 90 days during the 12 months immediately preceding the date
25 of application, the establishment met the 40% threshold of
26 this paragraph in conformity with the regulations of the
27 board governing the sale of alcoholic beverages on Sunday.
28 (d) Employment of minors in religious or scout organization
29 summer camps or retreats.--A minor at least 16 years of age who
30 is employed during the months of June, July, August or September
20050H0089B0083 - 9 -
1 by a summer resident camp or a conference or retreat operated by
2 a religious or scout organization shall receive 24 consecutive
3 hours of rest, during every seven-day period. This subsection
4 does not apply to a minor employed primarily for general
5 maintenance work or food service activities.
6 Section 8. Employment of minors as performers in theater or
7 film productions.
8 (a) Authorization.--A minor may be employed in a theatrical
9 production, a musical recital or concert, an entertainment act,
10 modeling, radio, television, motion picture making or a similar
11 form or medium of entertainment if all of the following apply:
12 (1) Except as set forth in subsection (b)(4), the minor
13 has an entertainment permit from the department.
14 (2) The performance is not hazardous to the minor's
15 safety or well-being.
16 (3) The minor does not perform after midnight.
17 (4) No alcoholic beverages are sold or dispensed during
18 the performance.
19 (5) The minor does not appear in more than:
20 (i) three performances in a single day; or
21 (ii) ten performances in a single week.
22 (6) For rehearsals for performances, length of time and
23 hours of starting and finishing rehearsals added to
24 performance duties are not such as to be injurious or harmful
25 to the minor.
26 (b) Entertainment permits.--
27 (1) The department may issue an entertainment permit to
28 a minor to be employed in a theatrical production, a musical
29 recital or concert, an entertainment act, modeling, radio,
30 television, motion picture making or a similar form or medium
20050H0089B0083 - 10 -
1 of entertainment. The entertainment permit shall insure
2 compliance with subsection (a)(2) through (6).
3 (2) The department may issue an entertainment permit to
4 a minor for temporary employment as part of the performing
5 cast in the production of motion pictures or television
6 programming as follows:
7 (i) The department must determine that adequate
8 provision has been made for the minor's educational
9 instruction, supervision, health and welfare.
10 (ii) Unless the department determines that more
11 restrictive conditions are necessary, an entertainment
12 permit under this paragraph shall authorize a minor to
13 work as part of the performing cast for no more than 44
14 hours in a single week nor eight hours in a single day.
15 Time spent on the set or on location while on call shall
16 be excluded from any calculation of the maximum number of
17 hours under this subparagraph if the department
18 determines that adequate provision has been made for the
19 minor's education, supervision and welfare during such
20 intervals. The department may restrict the number of
21 hours which may be spent on call by the minor.
22 (iii) The department may waive restrictions
23 contained in this act and in any other act on the time of
24 day or night allowed for engaging in the employment
25 authorized by this paragraph if the department determines
26 that the waiver:
27 (A) is necessary to preserve the artistic
28 integrity of the motion picture or television
29 programming; and
30 (B) will not impair the educational instruction,
20050H0089B0083 - 11 -
1 supervision, health or welfare of the minor.
2 (iv) An entertainment permit under this paragraph
3 shall be valid for up to six months.
4 (v) An entertainment permit under this paragraph
5 shall state that the minor for whom the entertainment
6 permit is issued may not be allowed on a set during nor
7 otherwise watch the filming or rehearsal for filming of a
8 sexual act.
9 (3) Expected rehearsal time and the hours of starting
10 and finishing the rehearsal must be set forth in the
11 application for an entertainment permit. The entertainment
12 permit issued shall state what rehearsal time is permissible.
13 (4) The application must comply with all of the
14 following:
15 (i) Be made on a form signed by the employer of the
16 minor and the parent or guardian of the minor.
17 (ii) Contain the seal of a notary public and a
18 statement that the facts as set forth in the application
19 are correct.
20 (iii) State what provisions are in effect to provide
21 for:
22 (A) the minor's educational instruction,
23 supervision, health and welfare; and
24 (B) safeguarding and conservation for the minor
25 of the money derived from performance.
26 (5) No entertainment permit shall be issued for a
27 performance if there is no adequate provision for the matters
28 set forth in paragraph (4)(iii).
29 (6) An appeal of a decision by the department under this
30 subsection must be made to the secretary. The secretary shall
20050H0089B0083 - 12 -
1 hold a hearing on the appeal.
2 (7) An entertainment permit is not to be required for a
3 minor who participates in a nonprofit, educational,
4 theatrical production if all of the following apply:
5 (i) There is informed, written consent of the
6 minor's parent or guardian.
7 (ii) Participation is:
8 (A) for a period of no more than 14 consecutive
9 days; and
10 (B) not during school hours.
11 (iii) The minor receives no direct or indirect
12 remuneration.
13 (c) Conflicts.--Nothing in this section shall be construed
14 to supersede or repeal:
15 (1) any provision of this act unless an entertainment
16 permit is issued; or
17 (2) 18 Pa.C.S. § 5903 (relating to obscene and other
18 sexual materials and performances) or 6312 (relating to
19 sexual abuse of children).
20 Section 9. Minors serving in volunteer emergency service
21 organizations.
22 (a) General rule.--A minor at least 14 years of age who is a
23 member of a volunteer emergency service organization may
24 participate in training and emergency service activities except
25 as follows:
26 (1) A minor may not operate a truck, ambulance or other
27 official fire vehicle.
28 (2) A minor may not operate an aerial ladder, aerial
29 platform or hydraulic jack.
30 (3) A minor may not use rubber electrical gloves,
20050H0089B0083 - 13 -
1 insulated wire gloves, insulated wire cutters, life nets or
2 acetylene cutting units.
3 (4) A minor may not operate the pump of a fire vehicle
4 while at the scene of a fire.
5 (5) A minor may not enter a burning structure.
6 (6) A minor may not engage in firefighting activities
7 unless all of the following apply:
8 (i) The minor is at least 16 years of age.
9 (ii) The minor has successfully completed a course
10 of training equal to the standards for basic firefighting
11 established by the Department of Education and the
12 Department of Conservation and Natural Resources.
13 (iii) The minor is under the direct supervision and
14 control of the fire chief, an experienced line officer or
15 a designated forest fire warden.
16 (b) Additional limitations for minors under 16 years of
17 age.--In addition to the limitations delineated in subsection
18 (a), the activities of minors over 13 years of age and under 16
19 years of age shall be further limited as follows:
20 (1) A minor over 13 years of age and under 16 years of
21 age shall only be permitted to perform the following
22 activities:
23 (i) Training.
24 (ii) First aid.
25 (iii) Cleanup service at the scene of a fire,
26 outside the structure and after the fire has been
27 declared by the fire official in charge to be under
28 control.
29 (iv) Assist a coffee wagon and food services.
30 (2) A minor over 13 years of age and under 16 years of
20050H0089B0083 - 14 -
1 age may not do any of the following:
2 (i) Operate high pressure hose lines except during
3 training activities.
4 (ii) Ascend ladders except during training
5 activities.
6 (c) Other prohibited activities.--The department may
7 prohibit through regulation other activities that it deems
8 hazardous to the health of minors.
9 (d) Other provisions.--
10 (1) Except as set forth in this subsection, this section
11 does not supersede any other provision of this act or any
12 regulation promulgated under this act.
13 (2) A minor may continue serving in answer to a fire
14 call until excused by the individual acting as chief of the
15 fire company if the minor:
16 (i) is at least 16 years of age;
17 (ii) is a member of a volunteer fire company; and
18 (iii) answers a fire call while lawfully employed.
19 (3) A minor 14 or 15 years of age may perform the
20 training or firefighting activities permitted under this
21 section until 10 p.m. before a school day if the minor:
22 (i) is a member of a volunteer fire company; and
23 (ii) has the written consent of a parent or
24 guardian.
25 Section 10. Duties of employer.
26 (a) Work permits and parental authorization.--
27 (1) Unless a minor has the items listed in paragraph
28 (2), a minor may not be employed or permitted to work:
29 (i) in, about or in connection with an
30 establishment; or
20050H0089B0083 - 15 -
1 (ii) in an occupation.
2 (2) To be permitted to work under paragraph (1), a minor
3 must have all of the following:
4 (i) A work permit.
5 (ii) A written, notarized statement by the minor's
6 parent or guardian acknowledging understanding of the
7 duties and hours of employment and granting permission to
8 work.
9 (3) Before employing a minor, an employer shall do all
10 of the following:
11 (i) Verify work permit under paragraph (2)(i).
12 (ii) Receive the statement under paragraph (2)(ii).
13 (b) Notification.--The employer shall acknowledge to the
14 issuing official in writing the employment of a minor and shall
15 detail the normal duties and hours of employment within five
16 days after the beginning of employment and shall include the age
17 and permit number of the minor. On termination of employment of
18 a minor, the employer shall notify the issuing official within
19 five days of the final day of employment that the minor no
20 longer is employed by the employer.
21 (c) Posting requirement.--An employer shall post in a
22 conspicuous place in the establishment all of the following:
23 (1) A printed abstract of the sections of this act
24 relating to the hours of labor.
25 (2) A list of the minors employed in the establishment.
26 (3) A schedule of the hours of labor of the minors
27 listed in subparagraph (ii). The schedule of hours of labor
28 shall contain:
29 (i) the maximum number of hours each minor is
30 required or permitted to work on each day of the week;
20050H0089B0083 - 16 -
1 (ii) the weekly total for each minor; and
2 (iii) the daily hours for commencing and stopping
3 work and for time allowed for meals.
4 (d) Records.--
5 (1) An employer shall maintain a record of minors at the
6 work site which contains, for each holder, a copy of the work
7 permit, the original notarized permission statement required
8 in subsection (a) and a copy of the letter sent to the
9 issuing official announcing the employment of the minor.
10 (2) An employer shall maintain records for employed
11 minors in compliance with the recordkeeping requirements of
12 the act of January 17, 1968 (P.L.11, No.5), known as The
13 Minimum Wage Act of 1968, and shall maintain accurate records
14 of the actual days, hours and times of day the minors worked,
15 including breaks.
16 (3) An employer shall provide an enforcement officer
17 with access to records kept under this subsection.
18 Section 11. Work permit.
19 (a) Form and content.--
20 (1) A work permit shall be issued on a wallet-sized form
21 prescribed by the department. The certificate shall contain
22 the following information related to the holder:
23 (i) Name.
24 (ii) Sex.
25 (iii) Date and place of birth.
26 (iv) Place of residence.
27 (v) Color of hair and eyes.
28 (vi) Any distinguishing physical characteristics or
29 physical limitation.
30 (2) The work permit shall certify that:
20050H0089B0083 - 17 -
1 (i) the holder has personally appeared before the
2 issuing officer and has been examined;
3 (ii) all papers required by law have been examined,
4 approved and filed; and
5 (iii) all conditions and requirements for issuing a
6 permit have been fulfilled.
7 (3) The work permit shall be signed, in the presence of
8 the issuing officer, by the holder.
9 (4) The work permit shall bear a number, the date of
10 issuance and the signature of the issuing officer.
11 (b) Application.--
12 (1) Documentation.--
13 (i) Except as set forth in subparagraph (ii),
14 application for a work permit must be verified as
15 follows:
16 (A) The applicant's parent or guardian must sign
17 the application.
18 (B) In lieu of a signature under clause (A), the
19 applicant may execute a statement before a notary
20 public or other person authorized to administer oaths
21 attesting to the accuracy of the facts set forth in
22 the application on a form prescribed by the
23 department. The statement shall be attached to the
24 application.
25 (ii) Subparagraph (i) does not apply if the
26 applicant can demonstrate official proof of high school
27 graduation.
28 (2) Examination.--
29 (i) Except as set forth in paragraph (ii), a work
30 permit shall not be issued until the applicant has
20050H0089B0083 - 18 -
1 personally appeared before and been examined by the
2 issuing officer.
3 (ii) Subparagraph (i) does not apply if the
4 applicant can demonstrate official proof of high school
5 graduation.
6 (3) Documentation.--The issuing officer shall not issue
7 a work permit until the issuing officer has received,
8 examined, approved and filed the following papers which
9 verify the minor's age:
10 (i) If proof of age is an official document or
11 record of the Commonwealth or government of another state
12 or governmental subdivision of another state, it need not
13 be filed if the issuing officer records the information
14 necessary to enable the document or record to be located
15 at the place where it is filed. If proof of age is other
16 than an official document or record of the Commonwealth
17 or government of another state or governmental
18 subdivision of another state, the following is the order
19 of preference for acceptable proof under this
20 subparagraph:
21 (A) An attested transcript of the birth
22 certificate, filed according to law with a register
23 of vital statistics or other officer charged with the
24 duty of recording birth.
25 (B) A certified baptismal certificate or
26 transcript of the record of baptism showing the date
27 of birth.
28 (C) A passport showing the age of immigrant.
29 (D) Any certified documentary record of age
30 other than a school record or an affidavit of age,
20050H0089B0083 - 19 -
1 which appears to the satisfaction of the issuing
2 officer to be sufficient evidence of age.
3 (E) The signed statement of a physician,
4 approved by the board of school directors, stating
5 that, after examination, it is the opinion of the
6 physician that the applicant has attained the age
7 required by the law for the occupation in which the
8 minor expects to engage. The statement must be
9 accompanied by an affidavit signed by the applicant's
10 parent or guardian or, if there is no parent or
11 guardian, by the applicant's next friend and
12 certifying to the name, date and place of birth of
13 the applicant and that the individual signing the
14 statement is unable to produce any of the proofs of
15 age specified in clauses (A) through (D).
16 (ii) (Reserved).
17 (d) Issuance.--If all application requirements are met, a
18 work permit shall be issued by an issuing officer unless it is
19 the issuing officer's judgment that the minor cannot maintain
20 adequate academic achievement if permitted to work during the
21 school year.
22 (e) Revocation.--An issuing officer may revoke a work permit
23 if it is the issuing officer's judgment that the minor cannot
24 maintain adequate academic achievement if permitted to work
25 during the school year.
26 Section 12. Administration.
27 (a) Duties of department.--The department has the following
28 powers and duties:
29 (1) Prescribe the forms necessary to implement this act.
30 (2) Promulgate regulations to administer this act which
20050H0089B0083 - 20 -
1 are as consistent as possible with the regulations
2 promulgated under the Fair Labor Standards Act. Regulations
3 under this paragraph may establish a procedure for an
4 employer that is not subject to the Fair Labor Standards Act
5 to receive an extension until 10 p.m. of the 9 p.m. time
6 limitation under section 6(b)(1) (relating to employment of
7 minors under 16 years of age). An extension granted under
8 this procedure shall specify that the extension does not
9 apply to Federal enforcement or administration of the Fair
10 Labor Standards Act.
11 (3) Provide copies of this act and blank forms for
12 compliance with its provisions to employers and prospective
13 employers.
14 (b) Secretary.--For the enforcement of this act, the
15 secretary or a designee has investigatory subpoena power and the
16 duty to issue a subpoena upon application of an attorney of the
17 Office of General Counsel assigned to the department.
18 Application may be made to Commonwealth Court to enforce a
19 subpoena. Nothing in this section shall be construed to excuse a
20 person from producing documents and records as requested by the
21 department under any other provision of law.
22 (c) Duties of Department of Education.--The Department of
23 Education shall distribute to school districts all forms
24 necessary for the enforcement of this act.
25 (d) Duties of school districts.--School districts shall
26 administer applications and issuance of work permits pursuant to
27 section 11 (relating to work permit) and may initiate
28 enforcement actions under subsection (e).
29 (e) Enforcement.--Enforcement officers may initiate
30 prosecution for violations of this act.
20050H0089B0083 - 21 -
1 (f) Suspected violations of age requirements.--
2 (1) If an enforcement officer has reason to believe that
3 an individual working without a work permit is a minor or
4 that a minor with a work permit is working in violation of
5 the age restrictions set forth in this act, the officer may
6 demand that the person employing the individual within ten
7 days:
8 (i) furnish to the officer proof of age; or
9 (ii) cease to employ or permit the individual to
10 work.
11 (2) Proof of a demand under paragraph (1) and of failure
12 to comply with paragraph (1)(i) constitutes prima facie
13 evidence of the illegal employment of a minor.
14 (3) Compliance with paragraph (1)(ii) does not relieve a
15 person from liability under section 13 (relating to
16 penalties).
17 Section 13. Penalties.
18 (a) Criminal.--
19 (1) A person may not do any of the following:
20 (i) Intentionally violate this act.
21 (ii) Interfere with the functions of an enforcement
22 officer.
23 (iii) Compel or permit a minor to violate this act.
24 (iv) Fail, after notice, to provide records under
25 section 10(d)(3) (relating to duties of employer) or
26 12(b) (relating to administration).
27 (v) Falsify records under this act.
28 (2) Except as set forth in paragraph (3), a person that
29 violates paragraph (1) commits a summary offense and shall,
30 upon conviction, be sentenced to pay a fine of not less than
20050H0089B0083 - 22 -
1 $250 nor more than $500 for each violation.
2 (3) A person that, after being sentenced under paragraph
3 (2), violates paragraph (1) commits a summary offense and
4 shall, upon conviction, be sentenced to pay a fine of not
5 less than $750 nor more than $1,500 for each violation or to
6 imprisonment for not more than ten days, or both.
7 (b) Administrative penalties.--
8 (1) Except as set forth in paragraph (2) or subsection
9 (c), the department may impose an administrative penalty of
10 not less than $100 nor more than $1,000 for each violation of
11 this act.
12 (2) The department may not impose a penalty under this
13 subsection on a person if the person has been sentenced under
14 subsection (a) for an offense arising out of the same conduct
15 which would give rise to a penalty under this subsection.
16 (3) This subsection is subject to 2 Pa.C.S. Chs. 5
17 Subch. A (relating to practice and procedure of Commonwealth
18 agencies) and 7 Subch. A (relating to judicial review of
19 Commonwealth agency action).
20 (c) Multiple prosecution.--Imposition of a criminal, civil
21 or administrative penalty under the Fair Labor Standards Act
22 shall bar prosecution under subsection (a) and imposition of an
23 administrative penalty under subsection (b) if the same conduct
24 constitutes the basis of the Federal action and the basis of the
25 prosecution under subsection (a) or the administrative penalty
26 under subsection (b).
27 Section 14. Employment of minors in student-learner and
28 apprenticeship programs.
29 A minor may be employed in a work experience and career
30 exploration program, an apprenticeship program and a school-to-
20050H0089B0083 - 23 -
1 work program, to the extent permitted by regulations promulgated
2 under this act and not prohibited by the Fair Labor Standards
3 Act.
4 Section 15. Applicability.
5 (a) Domestic service.--This act shall not apply to the
6 employment of a minor in domestic service in or around private
7 homes.
8 (b) Agricultural employment.--Agricultural employment which
9 is exempt from coverage of the child labor provisions of the
10 Fair Labor Standards Act shall be exempt from coverage of this
11 act.
12 Section 29. Repeal.
13 The act of May 13, 1915 (P.L.286, No.177), known as the Child
14 Labor Law, is repealed.
15 Section 30. Effective date.
16 This act shall take effect January 1, 2006.
A7L43JS/20050H0089B0083 - 24 -