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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DELOZIER, ADOLPH, BOYD, CUTLER, FARRY, GEIST, GINGRICH, GRELL, GROVE, KORTZ, MARSHALL, MILLER, MOUL, VULAKOVICH AND WATSON, MARCH 4, 2011 |
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| REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 4, 2011 |
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| AN ACT |
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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 individuals under 14 years of age. |
10 | Section 6. Employment of individuals under 16 years of age. |
11 | Section 7. Employment of individuals 16 years of age or older. |
12 | Section 8. Employment of minors as performers in theater or |
13 | film productions. |
14 | Section 8.1. Sports-attendant services. |
15 | Section 9. Minors serving in volunteer emergency service |
16 | organizations. |
17 | Section 10. Duties of employer. |
18 | Section 11. Work permit. |
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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 laws 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 of 1938 (52 Stat. 1060, 29 U.S.C. § |
24 | 201 et seq.), which regulates the employment of children under |
25 | 18 years of age. |
26 | Section 3. Definitions. |
27 | The following words and phrases when used in this act shall |
28 | have the meanings given to them in this section unless the |
29 | context clearly indicates otherwise: |
30 | "Department." The Department of Labor and Industry of the |
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1 | Commonwealth. |
2 | "Employer." A person that employs a minor. |
3 | "Enforcement officer." Any of the following: |
4 | (1) The Secretary of Labor and Industry, a designee who |
5 | is an employee of the Department of Labor and Industry or an |
6 | attorney of the Office of General Counsel who is assigned to |
7 | the department. |
8 | (2) A chief school administrator. |
9 | (3) A home and school visitor. |
10 | (4) An attendance officer appointed under section 1342 |
11 | of the act of March 10, 1949 (P.L.30, No.14), known as the |
12 | Public School Code of 1949. |
13 | (5) An issuing officer. |
14 | (6) A law enforcement officer. |
15 | "Establishment." A place within this Commonwealth where work |
16 | is done for compensation of any kind. |
17 | "Fair Labor Standards Act." The Fair Labor Standards Act of |
18 | 1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.). |
19 | "Hours of employment." Hours outside school hours |
20 | established by the appropriate school district. |
21 | "Issuing officer." One of the following: |
22 | (1) A district superintendent or supervising principal |
23 | of a public school district or, if a public school district |
24 | does not have a district superintendent or supervising |
25 | principal, the secretary of the board of school directors of |
26 | the district. |
27 | (2) An individual authorized in writing by the |
28 | appropriate individual under paragraph (1) to issue a |
29 | certificate or permit. |
30 | "Minor." An individual under 18 years of age. |
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1 | "Person." The Commonwealth, any political subdivision, |
2 | instrumentality or authority of a political subdivision, an |
3 | individual, a partnership, a corporation, a nonprofit |
4 | corporation or an unincorporated association. |
5 | "Regular school week." The five days beginning with Monday |
6 | through Friday during which school is in session. |
7 | "Secretary." The Secretary of Labor and Industry of the |
8 | Commonwealth. |
9 | "Volunteer emergency service organization." A volunteer fire |
10 | company, volunteer ambulance organization, volunteer rescue |
11 | organization or a volunteer forest firefighting organization. |
12 | "Work permit." A transferable work permit entitling a minor |
13 | to employment. |
14 | "Youth peddling." The selling of goods or services by minors |
15 | to customers at residences, places of business or public places, |
16 | including street corners, roadway medians, sports and performing |
17 | arts facilities and public transportation stations. The term |
18 | includes sales from vehicles or the placement of advertisements |
19 | or literature outside of fixed retail locations. The term does |
20 | not include any of the following: |
21 | (1) Minors who sell products, goods or services as |
22 | volunteers without compensation on behalf of nonprofit |
23 | organizations, including organizations that: |
24 | (i) qualify as nonprofit under section 501(c)(3) of |
25 | the Internal Revenue Code of 1986 (Public Law 99-514, 26 |
26 | U.S.C. § 501(c)(3)); and |
27 | (ii) meet the registration requirements established |
28 | by regulations of the Commonwealth. |
29 | (2) Minors engaged in the delivery of newspapers to |
30 | consumers at residences or places of business. |
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1 | (3) Minors employed at fixed retail locations in |
2 | compliance with the provisions of the Fair Labor Standards |
3 | Act of 1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.). |
4 | (4) Minors who: |
5 | (i) sell products, goods or services under the |
6 | immediate supervision of a parent or legal guardian; and |
7 | (ii) do not reside away from their home while |
8 | engaged in the sales activity. |
9 | (5) Minors engaged in fundraising activities on behalf |
10 | of their school or school-related activities. |
11 | Section 4. General limitations on employment of minors. |
12 | (a) Rest break.--No minor may be employed for more than five |
13 | hours continuously without an interval of at least 30 minutes |
14 | for a rest break. No period of less than 30 minutes shall be |
15 | deemed to interrupt a continuous period of work. |
16 | (b) Consecutive days.-- |
17 | (1) Except as otherwise provided under paragraph (2), a |
18 | minor may not be employed for more than six consecutive days |
19 | in a single week. |
20 | (2) A minor who is engaged in newspaper delivery may be |
21 | employed for seven consecutive days in a single week. |
22 | (c) Establishments.--Minors may not be employed in the |
23 | following establishments: |
24 | (1) Billiard rooms. |
25 | (2) Except as set forth under section 6(a)(2) or 7(c), |
26 | establishments where alcoholic beverages are produced, sold |
27 | or dispensed. Notwithstanding any other provisions of law, a |
28 | hotel, restaurant or club liquor licensee or any retail |
29 | dispenser may allow students receiving instruction in a |
30 | performing art to perform an exhibition if the students are |
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1 | not compensated and are under proper supervision. |
2 | (3) Establishments determined by the department, through |
3 | regulation, to be hazardous to minors or injurious to the |
4 | health or morals of minors. |
5 | (d) Prohibited employment.--Unless otherwise permitted by |
6 | this act, a minor shall not be employed: |
7 | (1) In any occupation designated as hazardous and |
8 | otherwise prohibited under the Fair Labor Standards Act and |
9 | regulations under that act. |
10 | (2) In any occupation designated as hazardous and |
11 | otherwise prohibited by the secretary in regulations |
12 | promulgated under this act. |
13 | Section 5. Employment of individuals under 14 years of age. |
14 | (a) General limitations.--Except as set forth under |
15 | subsection (b) or in section 8, no individual under 14 years of |
16 | age may be employed. |
17 | (b) Exceptions.--Irrespective of the limitations set forth |
18 | under subsection (a), an individual under 14 years of age may be |
19 | employed as follows: |
20 | (1) An individual who is at least 12 years of age may be |
21 | employed as a caddy, subject to the following limitations: |
22 | (i) The minor may not carry more than one golf bag |
23 | at a time. |
24 | (ii) Employment may not be for more than 18 holes of |
25 | golf in a single day. |
26 | (2) An individual who is at least 11 years of age may |
27 | engage in the delivery of newspapers as set forth under |
28 | section 6(c)(2). |
29 | Section 6. Employment of individuals under 16 years of age. |
30 | (a) Permitted employment.-- |
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1 | (1) Individuals who are under 16 years of age may be |
2 | employed in occupations not prohibited under section 4(d). |
3 | (2) Irrespective of the limitations under section 4(c) |
4 | (2), an individual under 16 years of age may be employed at a |
5 | continuing-care retirement community, ski resort, bowling |
6 | alley, golf course or amusement park where alcoholic |
7 | beverages are served as long as the individual is not |
8 | permitted to handle or serve the beverages and is not |
9 | employed in a room where the beverages are stored or served. |
10 | (3) An individual under 16 years of age may not be |
11 | employed in or permitted to conduct youth peddling. |
12 | (b) Hours of employment.--Except as set forth under |
13 | subsection (c) and section 8, the hours of employment for |
14 | individuals under 16 years of age shall be limited as follows: |
15 | (1) Subject to regulations under section 12(a)(2), the |
16 | minor may not be employed before 7 a.m. or after 7 p.m., |
17 | except that during the school vacation period from June to |
18 | Labor Day a minor shall be permitted to be employed until 9 |
19 | p.m. |
20 | (2) The minor may not be employed for more than three |
21 | hours on a school day nor more than eight hours on a day when |
22 | there is no school. |
23 | (3) The minor may not be employed for more than 18 hours |
24 | during a week when school is in session. |
25 | (4) The minor may not be employed for more than 40 hours |
26 | during a week when school is not in session. |
27 | (c) Exceptions.--The following exceptions apply to the |
28 | prohibitions of subsection (b): |
29 | (1) Poultry farms.--Individuals who are at least 14 |
30 | years of age or older may be employed until 10 p.m. on a farm |
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1 | by a person other than the farmer in the hatching, raising or |
2 | harvesting of poultry as long as the minor is not working in |
3 | an agricultural occupation declared hazardous by the United |
4 | States Secretary of Labor. |
5 | (2) Newspaper and periodical delivery.-- |
6 | (i) Individuals who are at least 11 years of age may |
7 | be employed in the delivery and street sale of newspapers |
8 | after 5 a.m. and before 8 p.m., or until 9 p.m., as set |
9 | forth under subsection (b)(1). |
10 | (ii) This paragraph does not apply to the hauling of |
11 | newspapers to drop centers or distribution centers or |
12 | other related activities. |
13 | Section 7. Employment of individuals 16 years of age or older. |
14 | (a) Permitted employment.--Individuals who are 16 years of |
15 | age or older may be employed in occupations not prohibited under |
16 | section 4(d). |
17 | (b) Hours of employment.-- |
18 | (1) Except as set forth under paragraphs (2), (3) and |
19 | (4), hours of employment shall comply with the Fair Labor |
20 | Standards Act. |
21 | (2) When school is in session, an individual who is 16 |
22 | years of age or older shall be limited as follows: |
23 | (i) The minor may not be employed for more than 28 |
24 | hours per week during a regular school week. |
25 | (ii) The minor may not be employed for more than |
26 | eight hours in a single day. |
27 | (iii) The minor may not be employed for more than |
28 | ten hours on each Saturday and Sunday during a school |
29 | week. |
30 | (3) When school is not in session, an individual who is |
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1 | 16 years of age or older shall be limited as follows: |
2 | (i) The minor may not be employed for more than ten |
3 | hours in a single day. |
4 | (ii) The minor may not be employed more than 48 |
5 | hours in a single week. |
6 | (4) A minor enrolled in summer school is subject to the |
7 | limitations set forth under paragraph (2). |
8 | (5) This subsection does not apply to a minor who: |
9 | (i) is a high school graduate; or |
10 | (ii) is exempt from compulsory school attendance |
11 | requirements under section 1330(1) of the act of March |
12 | 10, 1949 (P.L.30, No.14), known as the Public School Code |
13 | of 1949. |
14 | (c) Employment in motels, clubs and restaurants in which |
15 | liquor is present.--Irrespective of the general limitations set |
16 | forth under section 4(c)(2), an individual who is 16 years of |
17 | age or older may be employed as follows in a motel, club and |
18 | restaurant in which liquor is present: |
19 | (1) The minor may be employed in that part of the |
20 | establishment in which alcoholic beverages are not served. |
21 | (2) The minor may be employed to serve food, clear |
22 | tables and perform other duties in a licensed establishment |
23 | whose sales of food and nonalcoholic beverages are equal to |
24 | at least 40% of the combined gross sales of both food and |
25 | alcoholic beverages, if duties do not include the dispensing |
26 | or serving of alcoholic beverages. Before employing a minor |
27 | under this paragraph, an establishment licensed by the |
28 | Pennsylvania Liquor Control Board must furnish to the issuing |
29 | officer a certification that, for a period of not less than |
30 | 90 days during the 12 months immediately preceding the date |
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1 | of application, the establishment met the 40% threshold of |
2 | this paragraph in conformity with the regulations of the |
3 | board governing the sale of alcoholic beverages on Sunday. |
4 | (d) Employment of minors in religious or scout organization |
5 | summer camps or retreats.--An individual who is 16 years of age |
6 | or older who is employed during the months of June, July, August |
7 | or September by a summer resident camp or a conference or |
8 | retreat operated by a religious or scout organization shall |
9 | receive 24 consecutive hours of rest during every seven-day |
10 | period. This subsection does not apply to a minor employed |
11 | primarily for general maintenance work or food service |
12 | activities. |
13 | Section 8. Employment of minors as performers in theater or |
14 | film productions. |
15 | (a) Authorization.--A minor may be employed in a theatrical |
16 | production, a musical recital or concert, an entertainment act, |
17 | modeling, radio, television, motion picture making or a similar |
18 | form or medium of entertainment if all of the following apply: |
19 | (1) Except as set forth under subsection (b)(4), the |
20 | minor has an entertainment permit from the department. |
21 | (2) The performance is not hazardous to the minor's |
22 | safety or well-being. |
23 | (3) The minor does not perform after midnight. |
24 | (4) No alcoholic beverages are sold or dispensed during |
25 | the performance. |
26 | (5) The minor does not appear in more than: |
27 | (i) three performances in a single day; or |
28 | (ii) ten performances in a single week. |
29 | (6) For rehearsals for performances, length of time and |
30 | hours of starting and finishing rehearsals added to |
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1 | performance duties are not such as to be injurious or harmful |
2 | to the minor. |
3 | (b) Entertainment permits.-- |
4 | (1) The department may issue an entertainment permit to |
5 | a minor to be employed in a theatrical production, a musical |
6 | recital or concert, an entertainment act, modeling, radio, |
7 | television, motion picture making or a similar form or medium |
8 | of entertainment. The entertainment permit shall ensure |
9 | compliance with subsection (a)(2) through (6). |
10 | (2) The department may issue an entertainment permit to |
11 | a minor for temporary employment as part of the performing |
12 | cast in the production of motion pictures or television |
13 | programming as follows: |
14 | (i) The department must determine that adequate |
15 | provision has been made for the minor's educational |
16 | instruction, supervision, health and welfare. |
17 | (ii) Unless the department determines that more |
18 | restrictive conditions are necessary, an entertainment |
19 | permit under this paragraph shall authorize a minor to |
20 | work as part of the performing cast for no more than 44 |
21 | hours in a single week nor eight hours in a single day. |
22 | Time spent on the set or on location while on call shall |
23 | be excluded from any calculation of the maximum number of |
24 | hours under this subparagraph if the department |
25 | determines that adequate provision has been made for the |
26 | minor's education, supervision and welfare during such |
27 | intervals. The department may restrict the number of |
28 | hours which may be spent on call by the minor. |
29 | (iii) The department may waive restrictions |
30 | contained in this act and in any other act on the time of |
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1 | day or night allowed for engaging in the employment |
2 | authorized by this paragraph if the department determines |
3 | that the waiver: |
4 | (A) is necessary to preserve the artistic |
5 | integrity of the motion picture or television |
6 | programming; and |
7 | (B) will not impair the educational instruction, |
8 | supervision, health or welfare of the minor. |
9 | (iv) An entertainment permit under this paragraph |
10 | shall be valid for up to six months. |
11 | (v) An entertainment permit under this paragraph |
12 | shall state that the minor for whom the entertainment |
13 | permit is issued may not be allowed on a set during nor |
14 | otherwise watch the filming or rehearsal for filming of a |
15 | sexual act. |
16 | (3) Expected rehearsal time and the hours of starting |
17 | and finishing the rehearsal must be set forth in the |
18 | application for an entertainment permit. The entertainment |
19 | permit issued shall state what rehearsal time is permissible. |
20 | (4) The application must comply with all of the |
21 | following: |
22 | (i) Be made on a form signed by the employer of the |
23 | minor and the parent or legal guardian of the minor. |
24 | (ii) Contain a statement that the facts as set forth |
25 | in the application are correct subject to the provisions |
26 | of 18 Pa.C.S. § 4904 (relating to unsworn falsification |
27 | to authorities). |
28 | (iii) State what provisions are in effect to provide |
29 | for: |
30 | (A) the minor's educational instruction, |
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1 | supervision, health and welfare; and |
2 | (B) safeguarding and conservation for the minor |
3 | of the money derived from performance. |
4 | (5) No entertainment permit shall be issued for a |
5 | performance if there is no adequate provision for the matters |
6 | set forth under paragraph (4)(iii). |
7 | (6) An appeal of a decision by the department under this |
8 | subsection must be made to the secretary. The secretary shall |
9 | hold a hearing on the appeal. |
10 | (7) An entertainment permit is not to be required for a |
11 | minor who participates in a nonprofit, educational, |
12 | theatrical production if all of the following apply: |
13 | (i) There is informed, written consent by the |
14 | minor's parent or legal guardian. |
15 | (ii) Participation is: |
16 | (A) for a period of no more than 14 consecutive |
17 | days; and |
18 | (B) not during school hours. |
19 | (iii) The minor receives no direct or indirect |
20 | remuneration. |
21 | (c) Conflicts.--Nothing in this section shall be construed |
22 | to supersede or repeal: |
23 | (1) any provision of this act unless an entertainment |
24 | permit is issued; or |
25 | (2) 18 Pa.C.S. § 5903 (relating to obscene and other |
26 | sexual materials and performances) or 6312 (relating to |
27 | sexual abuse of children). |
28 | Section 8.1. Sports-attendant services. |
29 | (a) General rule.--Section 6(b)(1), (2) and (3) do not apply |
30 | to an individual 14 through 15 years of age and section 7(b)(2) |
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1 | does not apply to an individual 16 through 17 years of age, if |
2 | the minor is employed to perform sports-attendant services at |
3 | professional sporting events under this section. |
4 | (b) Sports-attendant duties.--A minor is employed to perform |
5 | sports-attendant duties if the minor performs the following |
6 | duties at a baseball, basketball, football, soccer, tennis or |
7 | similar athletic event: |
8 | (1) Pregame and postgame or practice setup of balls, |
9 | items and equipment. |
10 | (2) Supplying and retrieving balls, items and equipment |
11 | during a sporting event. |
12 | (3) Clearing the field or court of debris and moisture |
13 | during play. |
14 | (4) Providing ice, drinks and towels to players during |
15 | play. |
16 | (5) Running errands for trainers, managers, coaches and |
17 | players before, during and after a sporting event. |
18 | (6) Returning or storing balls, items and equipment in |
19 | clubhouse or locker rooms after a sporting event. |
20 | Section 9. Minors serving in volunteer emergency service |
21 | organizations. |
22 | (a) General rule.--An individual who is 14 years of age or |
23 | older who is a member of a volunteer emergency service |
24 | organization may participate in training and emergency service |
25 | activities except 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, |
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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 16 years of age or older. |
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 individuals under 16 years of |
17 | age.--In addition to the limitations set forth under subsection |
18 | (a), the activities of individuals over 13 years of age and |
19 | under 16 years of age shall be further limited as follows: |
20 | (1) An individual who is over 13 years of age and under |
21 | 16 years of age shall only be permitted to perform the |
22 | following 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) An individual who is over 13 years of age and under |
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1 | 16 years of 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 under this subsection, this |
11 | section does not supersede any other provision of this act or |
12 | any 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 16 years of age or older; |
17 | (ii) is a member of a volunteer fire company; and |
18 | (iii) answers a fire call while lawfully employed. |
19 | (3) An individual who is 14 or 15 years of age may |
20 | perform the training or firefighting activities permitted |
21 | under this section until 10 p.m. before a school day if the |
22 | minor: |
23 | (i) is a member of a volunteer fire company; and |
24 | (ii) has the written consent of a parent or legal |
25 | guardian. |
26 | Section 10. Duties of employer. |
27 | (a) Work permits and parental authorization.-- |
28 | (1) Unless a minor has the items listed in paragraph |
29 | (2), a minor may not be employed or permitted to work: |
30 | (i) in, about or in connection with an |
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1 | establishment; or |
2 | (ii) in an occupation. |
3 | (2) To be permitted to work under paragraph (1), a minor |
4 | must have all of the following: |
5 | (i) A work permit. |
6 | (ii) A written statement by the minor's parent or |
7 | legal guardian acknowledging understanding of the duties |
8 | and hours of employment and granting permission to work |
9 | subject to the provisions of 18 Pa.C.S. § 4904 (relating |
10 | to unsworn falsification to authorities). |
11 | (3) Before employing a minor, an employer shall do all |
12 | of the following: |
13 | (i) Verify the work permit under paragraph (2)(i). |
14 | (ii) Receive the statement under paragraph (2)(ii). |
15 | (4) An individual who is over 16 years of age employed |
16 | in the distribution, sale, exposing or offering for sale of |
17 | any newspaper, or any minor who can demonstrate that he is |
18 | working independently of the newspaper publisher in this |
19 | work, shall not be required to procure a work permit. |
20 | (b) Notification.--The employer shall acknowledge to the |
21 | issuing official in writing the employment of a minor and shall |
22 | detail the normal duties and hours of employment within five |
23 | days after the beginning of employment and shall include the age |
24 | and permit number of the minor. On termination of employment of |
25 | a minor, the employer shall notify the issuing official within |
26 | five days of the final day of employment that the minor no |
27 | longer is employed by the employer. |
28 | (c) Posting requirement.--An employer shall post in a |
29 | conspicuous place in the establishment all of the following: |
30 | (1) A printed abstract of the sections of this act |
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1 | relating to the hours of labor. |
2 | (2) A list of the minors employed in the establishment. |
3 | (3) A schedule of the hours of labor of the minors |
4 | listed in subparagraph (ii). The schedule of hours of labor |
5 | shall contain: |
6 | (i) the maximum number of hours each minor is |
7 | required or permitted to work on each day of the week; |
8 | (ii) the weekly total for each minor; and |
9 | (iii) the daily hours for commencing and stopping |
10 | work and for time allowed for meals. |
11 | (d) Records.-- |
12 | (1) An employer shall maintain a record of minors at the |
13 | work site which contains, for each holder, a copy of the work |
14 | permit, the original notarized permission statement required |
15 | in subsection (a) and a copy of the letter sent to the |
16 | issuing official announcing the employment of the minor. |
17 | (2) An employer shall maintain records for employed |
18 | minors in compliance with the recordkeeping requirements of |
19 | the act of January 17, 1968 (P.L.11, No.5), known as The |
20 | Minimum Wage Act of 1968, and shall maintain accurate records |
21 | of the actual days, hours and times of day the minors worked, |
22 | including breaks. |
23 | (3) An employer shall provide an enforcement officer |
24 | with access to records kept under this subsection. |
25 | Section 11. Work permit. |
26 | (a) Form and content.-- |
27 | (1) A work permit shall be issued on a wallet-sized form |
28 | prescribed by the department. The certificate shall contain |
29 | the following information related to the holder: |
30 | (i) Name. |
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1 | (ii) Sex. |
2 | (iii) Date and place of birth. |
3 | (iv) Place of residence. |
4 | (v) Color of hair and eyes. |
5 | (vi) Any distinguishing physical characteristics or |
6 | physical limitations. |
7 | (2) The work permit shall certify that: |
8 | (i) the holder has personally appeared before the |
9 | issuing officer and has been examined; |
10 | (ii) all papers required by law have been examined, |
11 | approved and filed; and |
12 | (iii) all conditions and requirements for issuing a |
13 | permit have been fulfilled. |
14 | (3) The work permit shall be signed, in the presence of |
15 | the issuing officer, by the holder. |
16 | (4) The work permit shall bear a number, the date of |
17 | issuance and the signature of the issuing officer. |
18 | (b) Application.-- |
19 | (1) Documentation.-- |
20 | (i) Except as set forth under subparagraph (ii), |
21 | application for a work permit must be verified as |
22 | follows: |
23 | (A) The applicant's parent or legal guardian |
24 | must sign the application. |
25 | (B) In lieu of a signature under clause (A), the |
26 | applicant may execute a statement before a notary |
27 | public or other person authorized to administer oaths |
28 | attesting to the accuracy of the facts set forth in |
29 | the application on a form prescribed by the |
30 | department. The statement shall be attached to the |
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1 | application. |
2 | (ii) Subparagraph (i) does not apply if the |
3 | applicant can demonstrate official proof of high school |
4 | graduation. |
5 | (2) Examination.-- |
6 | (i) Except as set forth under subparagraph (ii), a |
7 | work permit shall not be issued until the applicant has |
8 | personally appeared before and been examined by the |
9 | issuing officer. |
10 | (ii) Subparagraph (i) does not apply if the |
11 | applicant can demonstrate official proof of high school |
12 | graduation. |
13 | (3) Documentation.--The issuing officer shall not issue |
14 | a work permit until the issuing officer has received, |
15 | examined, approved and filed the following papers which |
16 | verify the applicant's age: |
17 | (i) If proof of age is an official document or |
18 | record of the Commonwealth or government of another state |
19 | or governmental subdivision of another state, it need not |
20 | be filed if the issuing officer records the information |
21 | necessary to enable the document or record to be located |
22 | at the place where it is filed. If proof of age is other |
23 | than an official document or record of the Commonwealth |
24 | or government of another state or governmental |
25 | subdivision of another state, the following is the order |
26 | of preference for acceptable proof under this |
27 | subparagraph: |
28 | (A) An attested transcript of the birth |
29 | certificate, filed according to law with a register |
30 | of vital statistics or other officer charged with the |
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1 | duty of recording births. |
2 | (B) A certified baptismal certificate or |
3 | transcript of the record of baptism showing the date |
4 | of birth. |
5 | (C) A passport showing the age of immigrant. |
6 | (D) Any certified documentary record of age |
7 | other than a school record or an affidavit of age, |
8 | which appears to the satisfaction of the issuing |
9 | officer to be sufficient evidence of age. |
10 | (E) The signed statement of a physician, |
11 | physician's assistant or nurse practitioner, approved |
12 | by the board of school directors, stating that, after |
13 | examination, it is the opinion of the individual |
14 | signing the statement that the applicant has attained |
15 | the age required by law for the occupation in which |
16 | the applicant expects to engage. The statement must |
17 | be accompanied by an affidavit signed by the |
18 | applicant's parent or legal guardian or, if there is |
19 | no parent or legal guardian, by the applicant's next |
20 | friend and certifying to the name, date and place of |
21 | birth of the applicant and that the individual |
22 | signing the statement is unable to produce any of the |
23 | proofs of age specified in clauses (A), (B), (C) and |
24 | (D). |
25 | (ii) (Reserved). |
26 | (c) Issuance.--If all application requirements are met, a |
27 | work permit shall be issued by an issuing officer unless it is |
28 | the issuing officer's judgment that the applicant cannot |
29 | maintain adequate academic achievement if permitted to work |
30 | during the school year. |
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1 | (d) Revocation.--An issuing officer may revoke a work permit |
2 | if it is the issuing officer's judgment that the applicant |
3 | cannot maintain adequate academic achievement if permitted to |
4 | work during the school year. |
5 | Section 12. Administration. |
6 | (a) Duties of department.--The department has the following |
7 | powers and duties: |
8 | (1) Prescribe the forms necessary to implement this act. |
9 | (2) Promulgate regulations to administer this act which |
10 | are as consistent as possible with the regulations |
11 | promulgated under the Fair Labor Standards Act. Regulations |
12 | under this paragraph may establish a procedure for an |
13 | employer that is not subject to the Fair Labor Standards Act |
14 | to receive an extension until 10 p.m. of the 9 p.m. time |
15 | limitation under section 6(b)(1). An extension granted under |
16 | this procedure shall specify that the extension does not |
17 | apply to Federal enforcement or administration of the Fair |
18 | Labor Standards Act. |
19 | (3) Provide copies of this act and blank forms for |
20 | compliance with its provisions to employers and prospective |
21 | employers. |
22 | (b) Secretary.--For the enforcement of this act, the |
23 | secretary or a designee has investigatory subpoena power and the |
24 | duty to issue a subpoena upon application of an attorney of the |
25 | Office of General Counsel assigned to the department. |
26 | Application may be made to the Commonwealth Court to enforce a |
27 | subpoena. Nothing in this section shall be construed to excuse a |
28 | person from producing documents and records as requested by the |
29 | department under any other provision of law. |
30 | (c) Duties of Department of Education.--The Department of |
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1 | Education shall distribute to school districts all forms |
2 | necessary for the enforcement of this act. |
3 | (d) Duties of school districts.--School districts shall |
4 | administer applications and issuance of work permits pursuant to |
5 | section 11 and may initiate enforcement actions under subsection |
6 | (e). |
7 | (e) Enforcement.--Enforcement officers may initiate |
8 | prosecution for violations of this act. |
9 | (f) Suspected violations of age requirements.-- |
10 | (1) If an enforcement officer has reason to believe that |
11 | an individual working without a work permit is a minor or |
12 | that a minor with a work permit is working in violation of |
13 | the age restrictions set forth under this act, the officer |
14 | may demand that the person employing the individual within |
15 | ten days: |
16 | (i) furnish to the officer proof of age; or |
17 | (ii) cease to employ or permit the individual to |
18 | work. |
19 | (2) Proof of a demand under paragraph (1) and of failure |
20 | to comply with paragraph (1)(i) constitutes prima facie |
21 | evidence of the illegal employment of a minor. |
22 | (3) Compliance with paragraph (1)(ii) does not relieve a |
23 | person from liability under section 13. |
24 | Section 13. Penalties. |
25 | (a) Criminal.-- |
26 | (1) A person may not do any of the following: |
27 | (i) Intentionally violate this act. |
28 | (ii) Interfere with the functions of an enforcement |
29 | officer. |
30 | (iii) Compel or permit a minor to violate this act. |
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1 | (iv) Fail, after notice, to provide records under |
2 | section 10(d)(3) or 12(b). |
3 | (v) Falsify records under this act. |
4 | (2) Except as set forth under paragraph (3), a person |
5 | that violates paragraph (1) commits a summary offense and |
6 | shall, upon conviction, be sentenced to pay a fine of $500 |
7 | for each violation. |
8 | (3) A person that, after being sentenced under paragraph |
9 | (2), violates paragraph (1) commits a summary offense and |
10 | shall, upon conviction, be sentenced to pay a fine of $1,500 |
11 | for each violation or to imprisonment for not more than ten |
12 | days, or both. |
13 | (b) Administrative penalties.-- |
14 | (1) Except as set forth under paragraph (2) or |
15 | subsection (c), the department may impose an administrative |
16 | penalty of not less than $100 nor more than $1,000 for each |
17 | violation of this act. |
18 | (2) The department may not impose a penalty under this |
19 | subsection on a person if the person has been sentenced under |
20 | subsection (a) for an offense arising out of the same conduct |
21 | which would give rise to a penalty under this subsection. |
22 | (3) This subsection is subject to 2 Pa.C.S. Chs. 5 |
23 | Subch. A (relating to practice and procedure of Commonwealth |
24 | agencies) and 7 Subch. A (relating to judicial review of |
25 | Commonwealth agency action). |
26 | (c) Multiple prosecution.--Imposition of a criminal, civil |
27 | or administrative penalty under the Fair Labor Standards Act |
28 | shall bar prosecution under subsection (a) and imposition of an |
29 | administrative penalty under subsection (b) if the same conduct |
30 | constitutes the basis of the Federal action and the basis of the |
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1 | prosecution under subsection (a) or the administrative penalty |
2 | under subsection (b). |
3 | Section 14. Employment of minors in student-learner and |
4 | apprenticeship programs. |
5 | A minor may be employed in a work experience and career |
6 | exploration program, an apprenticeship program and a school-to- |
7 | work program, to the extent permitted by regulations promulgated |
8 | under this act and not prohibited by the Fair Labor Standards |
9 | Act. |
10 | Section 15. Applicability. |
11 | (a) Domestic service.--This act shall not apply to |
12 | employment of a minor in domestic service in or about the |
13 | private home of a parent or guardian, to baby-sitting and to |
14 | performance of minor chores in or about a private home of the |
15 | employer. Minor chores shall: |
16 | (1) Include lawn care, snow shoveling and residential |
17 | chores performed by minors on a casual or infrequent basis. |
18 | (2) Exclude activities otherwise prohibited by the |
19 | department in regulations promulgated under this act and |
20 | activities or occupations designated as hazardous and |
21 | otherwise prohibited under the Fair Labor Standards Act and |
22 | regulations promulgated under that act. |
23 | (b) Agricultural employment.--Agricultural employment which |
24 | is exempt from coverage of the child labor provisions of the |
25 | Fair Labor Standards Act shall be exempt from coverage of this |
26 | act. |
27 | Section 29. Repeal. |
28 | The act of May 13, 1915 (P.L.286, No.177), known as the Child |
29 | Labor Law, is repealed. |
30 | Section 30. Effective date. |
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1 | This act shall take effect in 90 days. |
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