THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GIBBONS, MURT, BRENNAN, CALTAGIRONE, FABRIZIO, GOODMAN, JOSEPHS, KORTZ AND M. O'BRIEN, MAY 23, 2011

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MAY 23, 2011  

AN ACT

Regulating child labor; conferring powers and duties on the

Department of Labor and Industry and the Department of

Education; imposing penalties; and making a repeal.

TABLE OF CONTENTS

Section 1.  Short title.

Section 2.  Reserved.

Section 3.  Definitions.

Section 4.  General limitations on employment of minors.

Section 5.  Employment of minors under 14 years of age.

Section 6.  Employment of minors under 16 years of age.

Section 7.  Employment of minors 16 years of age or older.

Section 8.  Employment of minors in a performance.

Section 9.  Sports-attendant services.

Section 10.  Minors serving in volunteer emergency service

organizations.

Section 11.  Duties of employer.

Section 12.  Work permit.

Section 13.  Administration.

Section 14.  Penalties.

Section 15.  Student-learner and apprenticeship programs.

Section 40.  Repeal.

Section 41.  Regulations.

Section 42.  Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Child Labor

Act.

Section 2.  (Reserved).

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department."  The Department of Labor and Industry of the

Commonwealth.

"Employ."  To suffer or permit to work.

"Employer."  A person that employs a minor.

"Enforcement officer."  Any of the following:

(1)  The Secretary of Labor and Industry, a designee who

is an employee of the Department of Labor and Industry or an

attorney of the Office of General Counsel who is assigned to

the department.

(2)  A chief school administrator. 

(3)  A home and school visitor certified by the

Department of Education and appointed under section 1341 of

the act of March 10, 1949 (P.L.30, No.14), known as the

Public School Code of 1949.

(4)  An attendance officer appointed under section 1342

of the Public School Code.

(5)  An issuing officer.

(6)  A law enforcement officer.

"Entertainment permit."  A permit issued under section 8(c)

entitling a minor to engage in a performance. 

"Establishment."  A place within this Commonwealth where work

is done for compensation of any kind to whomever payable.

"Fair Labor Standards Act."  The Fair Labor Standards Act of

1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.).

"Hours of employment."  Hours outside school hours

established by the appropriate school district.

"Issuing officer."  One of the following:

(1)  A district superintendent or supervising principal

of a public school district or, if a public school district

does not have a district superintendent or supervising

principal, the secretary of the board of school directors of

the district.

(2)  An individual authorized in writing by the

appropriate individual under paragraph (1) to issue a

certificate or permit.

"Minor."  An individual under 18 years of age.

"Person."  The Commonwealth, a political subdivision of the

Commonwealth and an instrumentality or authority of a political

subdivision, an individual, a partnership, a corporation, a

nonprofit corporation or an unincorporated association.

"Public School Code."  The act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949.

"Regular school week."  The five days beginning with Monday

through Friday in which school is in session.

"School vacation."  The period of time a minor is not

required to be in school as established by the school district

where the minor resides. The term does not include Saturdays and

Sundays, except where one or more vacation days precede or

follow Saturday or Sunday.

"Secretary."  The Secretary of Labor and Industry of the

Commonwealth or the secretary's duly authorized designee.

"Volunteer emergency service organization."  A volunteer fire

company, volunteer ambulance organization, volunteer rescue

organization or a volunteer forest firefighting organization.

"Work permit."  A work permit entitling a minor to

employment, except for minors engaged in a performance under

this act.

"Youth peddling."  The selling of goods or services by minors

to customers at residences, places of business or public places,

including street corners, roadway medians, sports and performing

arts facilities and public transportation stations. The term

includes sales from vehicles or the placement of advertisements

or literature outside of fixed retail locations. The term does

not include any of the following:

(1)  Minors who sell products, goods or services as

volunteers without compensation on behalf of nonprofit

organizations, including organizations that:

(i)  qualify as nonprofit under section 501(c)(3) of

the Internal Revenue Code of 1986 (Public Law 99-514, 26

U.S.C. § 501(c)(3)); and

(ii)  meet the registration requirements established

by regulations of the Commonwealth.

(2)  Minors engaged in the delivery of newspapers to

consumers at residences or places of business.

(3)  Minors employed at fixed retail locations in

compliance with the provisions of the Fair Labor Standards

Act.

(4)  Minors who:

(i)  sell products, goods or services under the

immediate supervision of a parent or legal guardian; and

(ii)  do not reside away from their homes while

engaged in the sales activity.

(5)  Minors engaged in fundraising activities on behalf

of their school or school-related activities.

Section 4.  General limitations on employment of minors.

(a)  Rest break.--No minor may be employed for more than five

hours continuously without having an interval of at least 30

minutes available for a rest break. No period of less than 30

minutes shall be deemed to interrupt a continuous period of

work.

(b)  Consecutive days.--

(1)  Except as otherwise provided under paragraph (2), a

minor may not be employed for more than six consecutive days.

(2)  A minor who is engaged in newspaper delivery may be

employed for seven consecutive days in a calendar week.

(c)  Establishments.--Minors may not be employed in the

following establishments:

(1)  Billiard rooms.

(2)  Except as set forth under section 6(a)(2) or 7(c),

establishments where alcoholic beverages are produced, sold

or dispensed. Notwithstanding any other provisions of law, a

hotel, restaurant or club liquor licensee or any retail

dispenser may allow students receiving instruction in a

performing art to perform an exhibition if the students are

not compensated and are under proper supervision.

(3)  Establishments designated as hazardous to minors or

injurious to the health or morals of minors by the department

in regulations promulgated under this act.

(d)  Prohibited employment.--Unless otherwise permitted under

this act, a minor shall not be employed:

(1)  In an occupation designated as hazardous and

otherwise prohibited under the Fair Labor Standards Act and

regulations under that act.

(2)  In an occupation designated as hazardous and

otherwise prohibited by the department in regulations

promulgated under this act.

(3)  As a pilot, fireman or engineer upon a boat or

vessel.

(4)  On a railroad or railway as a track repairman, gate-

tender, switch-tender, brakeman, fireman, engineer, motorman

or conductor.

(5)  In the manufacture of paint, color or white-lead,

poisonous dyes or compositions using dangerous lead or acids.

(e)  Domestic service.--This act shall not apply to

employment of a minor in domestic service in or about the

private home of a parent or guardian, to baby-sitting and to

performance of minor chores in or about a private home of the

employer. Minor chores shall:

(1)  Include lawn care, snow shoveling and residential

chores performed by minors on a casual or infrequent basis.

(2)  Exclude activities otherwise prohibited by the

department in regulations promulgated under this act and

activities or occupations designated as hazardous and

otherwise prohibited under the Fair Labor Standards Act and

regulations promulgated under that act.

(f)  Agricultural employment.--Agricultural employment which

is exempt from the child labor provisions of the Fair Labor

Standards Act shall be exempt from this act.

Section 5.  Employment of minors under 14 years of age.

Minors under 14 years of age may be employed only as follows:

(1)  Under section 8.

(2)  A minor who is at least 12 years of age may be

employed as a caddy, except that:

(i)  the minor may not carry more than one golf bag

at a time; and

(ii)  employment may not be for more than 18 holes of

golf in a single day.

(3)  A minor who is at least 11 years of age may deliver

newspapers under section 6(d)(2).

Section 6.  Employment of minors under 16 years of age.

(a)  Permitted employment.--

(1)  Minors who are under 16 years of age may be employed

under section 5 in occupations not prohibited under section

4(d).

(2)  Notwithstanding section 4(c)(2), a minor under 16

years of age may be employed at a continuing care retirement

community as defined under the act of April 12, 1951 (P.L.

90, No.21), known as the Liquor Code, ski resort, bowling

alley, golf course or amusement park where alcoholic

beverages are served if the minor is not permitted to handle

or serve alcoholic beverages and is not employed in a room

where they are stored or served.

(b)  Prohibited employment.--Unless otherwise permitted by

this act, a minor under 16 years of age shall not be employed:

(1)  To conduct youth peddling.

(2)  In stripping or sorting tobacco.

(3)  To work on scaffolding.

(4)  In a tunnel.

(c)  Hours of employment.--Except as set forth under

subsection (d), a minor under 16 years of age may not be

employed:

(1)  Before 7 a.m. or after 7 p.m., except that during

school vacation a minor may be employed until 9 p.m. or until

10 p.m. subject to regulations under section 13(a)(2).

(2)  For more than three hours on a school day or more

than eight hours on a day when there is no school.

(3)  For more than 18 hours during a regular school week.

(4)  For more than 40 hours during a week of school

vacation.

(d)  Exceptions.--The following exceptions apply to

subsection (c):

(1)  Poultry farms.--Minors who are at least 14 years of

age or older may be employed until 10 p.m. on a farm by a

person other than the farmer for the purpose of hatching,

raising or harvesting poultry if the minor is not working in

an agricultural occupation declared hazardous by the United

States Secretary of Labor.

(2)  Newspaper and periodical delivery.--

(i)  Minors who are at least 11 years of age may be

employed in delivery and street sale of newspapers after

5 a.m. and before 8 p.m., or until 9 p.m. under

subsection (c)(1).

(ii)  This paragraph does not apply to hauling

newspapers to drop centers or distribution centers or to

related activities.

Section 7.  Employment of minors 16 years of age or older.

(a)  Permitted employment.--Minors who are 16 years of age or

older may be employed in occupations not prohibited under

section 4(d).

(b)  Hours of employment.--The following shall apply:

(1)  Minors who are 16 years of age or older may not be

employed before 6 a.m. or after midnight, except that the

minor may be employed until 1 a.m. on nonschool days.

(2)  Minors who are 16 years of age or older may work

during the school vacation with no time of day restrictions

except for the requirements of section 4(a) and (b).

(3)  When school is in session, a minor who is 16 years

of age or older may not be employed for more than:

(i)  Twenty-eight hours during a regular school week.

(ii)  Eight hours in a single day.

(iii)  Eight hours on Saturday and Sunday during a

school week.

(4)  During school vacation, a minor who is 16 years of

age or older may not be employed for more than:

(i)  Eight hours in a single day.

(ii)  Forty-four hours in a single week.

(5)  A minor enrolled in summer school is subject to the

limitations set forth under paragraph (3).

(6)  This subsection does not apply to a minor who is a

high school graduate.

(c)  Employment in hotels, clubs and restaurants where liquor

is present.--Notwithstanding section 4(c)(2), a minor 16 years

of age or older may be employed in a hotel, club or restaurant

where liquor is present if the employment is in a part of the

establishment where alcoholic beverages are not served or if the

employment consists of serving food, clearing tables and related

duties, provided that the establishment has a valid permit for

Sunday sales issued by the Liquor Control Board and the minor's

duties do not include dispensing or serving alcoholic beverages.

Before employing a minor under this subsection, an establishment

licensed by the Pennsylvania Liquor Control Board for Sunday

sales must furnish to the issuing officer a copy of the current

valid permit for Sunday sales.

Section 8.  Employment of minors in a performance.

(a)  General rule.--For purposes of this section, a minor is

employed and engaged in a performance if:

(1)  The minor models or renders artistic or creative

expression in a theater, on the radio, on television, in a

movie, over the Internet, in a publication or via any other

medium that may be transmitted to an audience and any person

receives remuneration for the performance.

(2)  Use is made of the minor's likeness, image, voice or

story or of incidents in the minor's life, and the product is

sold or purchased or any person receives remuneration for

their use.

(b)  Requirements.--A minor may engage in a performance if

all of the following requirements are satisfied:

(1)  Except as set forth under subsection (c)(11), the

minor has an entertainment permit from the department for the

length of the performance.

(2)  The performance is not hazardous to the minor's

safety or well-being.

(3)  The minor does not perform after midnight or before

the allowable starting times under sections 6 and 7.

(4)  The minor does not appear in more than three

performances in a single day or ten performances in a single

week.

(5)  The minor does not perform longer than the hours

permitted per day under sections 6 and 7.

(6)  No alcoholic beverages are sold or dispensed during

the time the minor is actively performing.

(7)  The length of time and hours of starting and

finishing related rehearsals, added to hours of actual

performance, are not injurious or harmful to the minor.

(8)  The performance does not involve:

(i)  an act that violates 18 Pa.C.S. § 5903 (relating

to obscene and other sexual materials and performances)

or 6312 (relating to sexual abuse of children);

(ii)  boxing, sparring or wrestling, except for a

bona-fide school-related athletic or recognized amateur

competition or activity;

(iii)  an acrobatic act that is hazardous to the

minor's safety or well-being;

(iv)  use of or exposure to a weapon; or

(v)  a hazardous performance, act or exhibition as

defined by departmental regulation.

(9)  No performer or other person working on the set or

in a related rehearsal has been convicted of any of the

following within the preceding five years:

(i)  Criminal homicide.

(ii)  A violation of any of the following provisions

of Title 18 of the Pennsylvania Consolidated Statutes:

Section 2702 (relating to aggravated assault).

Section 2709.1 (relating to stalking).

Section 2901 (relating to kidnapping).

Section 2902 (relating to unlawful restraint).

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual

assault).

Section 3123 (relating to involuntary deviate

sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3125 (relating to aggravated indecent

assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 4302 (relating to incest).

Section 4303 (relating to concealing death of

child). 

Section 4304 (relating to endangering welfare of

children).

Section 4305 (relating to dealing in infant

children). 

Section 5902(b) (relating to prostitution and

related offenses) if the offense is classified as a

felony. 

Section 5903(c) or (d) (relating to obscene and

other sexual materials and performances).

Section 6301 (relating to corruption of minors). 

Section 6312 (relating to sexual abuse of

children). 

(iii)  An offense relating to sale or distribution of

drugs and designated as a felony under the act of April

14, 1972 (P.L.233, No.64), known as The Controlled

Substance, Drug, Device and Cosmetic Act.

(iv)  A Federal or out-of-State offense similar in

nature to an offense listed under subparagraph (i) or

(ii).

(c)  Entertainment permits.--The following shall apply:

(1)  The department may issue an entertainment permit to

a minor engaged in a performance if the department determines

that adequate provision has been made for the minor's

educational instruction, supervision, health and welfare and

the provisions of subsection (b) are met. Unless the

department determines that more restrictive conditions are

necessary or issues regulations limiting performance hours

based on the age of the minor, an entertainment permit shall

authorize the minor to work as part of the performing cast of

a movie or television series or a continuing series or

performance broadcast through another medium for no more than

44 hours in a single week or eight hours in a single day.

Time spent on a set or on location while on call shall be

excluded in calculating the maximum number of hours, if the

department determines that adequate provision has been made

for the minor's education, supervision and welfare during

such intervals. The department may restrict the number of

hours which may be spent on call by the minor.

(2)  An entertainment permit shall be valid for up to six

months and may be renewed under this subsection.

(3)  The department may waive restrictions contained in

this act and in any other act as to the time of day or night

allowed for engaging in employment authorized under

subsection (b) if the department determines that the waiver

is necessary to preserve the artistic integrity of the

performance, will not impair the educational instruction,

supervision, health or welfare of the minor and written

permission is obtained from the minor's parent or guardian.

(4)  An entertainment permit shall state that the minor

for whom the entertainment permit is issued may not be

allowed on a set during or otherwise watch a sexual act as

part of the performance or a rehearsal of the performance.

(5)  An entertainment permit shall state what rehearsal

time is permissible.

(6)  The department may charge a fee for each

entertainment permit which shall be set through regulation.

(7)  An application for an entertainment permit shall:

(i)  be made on a form issued by the department and

signed by the employer of the minor and the parent or

legal guardian of the minor;

(ii)  contain a statement that the facts as set forth

in the application are correct subject to the provisions

of 18 Pa.C.S. § 4904 (relating to unsworn falsification

to authorities);

(iii)  state what provisions are in effect to provide

for the minor's educational instruction, supervision,

health and welfare;

(iv)  state the legal and professional name of the

minor, the date and place of the minor's birth, the name

and permanent address of the parent or guardian, the name

of the parent or representative of the parent who will

accompany the minor to rehearsals and performances, the

name and type of production, the nature of the

performance of the minor, the dates of performances and

the number of performances per day and per week, as well

as the length of time the minor is actually performing,

the dates of rehearsals, the maximum combined rehearsal

and performance time per day and per week, the hours at

which the minor reports for performances, the name and

address of any booking agent of the minor, whether the

minor has performed in the same production in other

states requiring a permit or certificate to perform and

whether the permit or certificate was obtained; 

(v)  contain proof of workers' compensation insurance

for any performance requiring it under the act of June 2,

1915 (P.L.736, No.338), known as the Workers'

Compensation Act, as amended;

(vi)  state whether the minor is to be paid directly

or through a third party for performing, whether there is

remuneration other than financial and whether the minor

is to be paid according to a time period or a

performance; 

(vii)  contain proof of an irrevocable trust account

under subsection (d) and an explanation of the

conservation of the minor's earnings if the minor

receives payment or any remuneration directly or through

a third party;

(viii)  set forth, for all performances or rehearsals

during school hours, accurate information regarding:

(A)  the name and address of the school attended

and of the school district where the minor resides; 

(B)  the grade the minor has completed in school;

(C)  the hours per week the minor attends school;

and

(D)  a verification signed by the principal and

the issuing officer of the school attended by the

minor that the performance and rehearsals set forth

in the application will not interfere with the

educational instruction or school progress of the

minor or a guarantee that arrangements are made for a

qualified tutor for the minor. If the minor is to be

tutored, the application shall set forth the name and

address of the tutor, whether the tutor is a

certified teacher, the name and address of the school

official approving the subjects for tutoring and the

tutoring arrangements, and the number of hours per

week the minor is to be tutored.

(ix)  any additional requirements set by the

department through regulation.

(8)  No entertainment permit shall be issued for a

performance if there is no adequate provision for the matters

set forth under paragraph (7)(iii) and (vii). The department

may impose additional restrictions to provide for compliance

with paragraph (7)(iii) and (vii).

(9)  The department may require, for each employee or

participant in a performance involving the minor, a criminal

history record information from the Pennsylvania State Police

or a statement from the Pennsylvania State Police that the

Pennsylvania State Police central repository contains no such

information relating to that person. Such report of criminal

history record information shall be no more than one year

old. Where the employee or participant has not been a

resident of this Commonwealth for at least two years

immediately preceding the date of application, the department

may require that person to obtain a Federal criminal history

record information which may not be more than one year old at

the time of employment. The employer or producer shall obtain

these reports for each employee or participant throughout the

length of the performance. The reports shall be kept at the

performance location and shall be made available to the

department or any other enforcement officer.

(10)  An appeal of a decision by the department under

this subsection must be made to the secretary. The secretary

shall hold a hearing on the appeal.

(11)  An entertainment permit is not required for a minor

who participates in production by a nonprofit or educational

organization in a theatrical production, musical or dance

recital or concert if all of the following apply:

(i)  There is informed, written consent by the

minor's parent or legal guardian.

(ii)  Participation is:

(A)  for a period of no more than 14 consecutive

days for the performances, not including rehearsal

days prior to the performance; and

(B)  not during school hours.

(iii)  The minor receives no direct or indirect

remuneration.

(d)  Child performer trust account.--An irrevocable child

performer trust account shall be established for a minor engaged

in a performance exceeding 30 days. All of the following govern

the account:

(1)  The employer shall establish the account for the

benefit of the performer and transfer to the account 15% of:

(i)  total compensation prior to all taxes,

deductions and commissions payable to the performer or

the performer's parent or guardian under contract; or

(ii)  in the case of a third-party individual or

personal services loan-out company, total compensation

paid to the third party for the performer's services.

(2)  The performer's parent or legal guardian may serve

as custodian. If the account reaches $150,000 or more, a

trust company shall be appointed.

(3)  Proceeds of the account shall remain in trust at

least until the performer reaches 18 years of age. Proceeds

may be distributed to the performer before 18 years of age

only for the performer's legitimate health and educational

needs. Proceeds may remain in trust for distribution to the

performer after 18 years of age if the parent or guardian

determines that it would serve the health, education and

financial interests of the performer.

(e)  Conflict.--Nothing in this section shall be construed to

supersede or repeal:

(1)  any provision of this act, unless an entertainment

permit is issued; or

(2)  18 Pa.C.S. § 5903 (relating to obscene and other

sexual materials and performances) or 6312 (relating to

sexual abuse of children).

(f)  Revocation of permit.--The following shall apply:

(1)  The department may revoke an entertainment permit

if:

(i)  there has been a violation of this act related

to the employment of the minor in the performance;

(ii)  the permit application contained false,

misleading and substantially incorrect information or the

applicant or minor is no longer performing in accordance

with the information provided on the application;

(iii)  a condition of issuance of the permit is not

being met; or

(iv)  there is danger to the minor's health, safety

or welfare.

(2)  The department may revoke a permit under this

section without a hearing. Revocation may be appealed to the

secretary, who shall conduct a hearing subject to 2 Pa.C.S.

Chs. 5 Subch. A (relating to practice and procedure of

Commonwealth agencies) and 7 Subch. A (relating to judicial

review of Commonwealth agency action). The revocation may

remain in effect until the secretary issues a decision.

Section 9.  Sports-attendant services.

(a)  Exemptions.--The following exemptions apply:

(1)  A minor 14 or 15 years of age who is employed to

perform sports-attendant services at professional sporting

events is exempt from operation of section 6(c)(1), (2) and

(3).

(2)  A minor 16 or 17 years of age who is employed to

perform sports-attendant services at professional sporting

events is exempt operation of section 7(b)(3).

(b)  Sports-attendant duties.--A minor is employed to perform

sports-attendant duties if the minor performs the following

duties at a professional sporting event:

(1)  Setting up balls, items and equipment prior to the

event.

(2)  Supplying or retrieving balls, items and equipment.

(3)  Clearing the field or court of debris and moisture.

(4)  Providing ice, drinks and towels to players.

(5)  Running errands for trainers, managers, coaches and

players one hour before, during or one hour after the event.

(6)  Returning or storing balls, items and equipment in

clubhouse or locker rooms after the event.

Section 10.  Minors serving in volunteer emergency service

organizations.

(a)  Prohibition.--A minor may not participate as a member of

a volunteer emergency service organization unless the minor is

at least 14 years of age.

(b)  Service.--A minor who is a member of a volunteer

emergency service organization may participate in training and

emergency service activities except that the minor may not:

(1)  Operate a truck, ambulance or other official fire

vehicle.

(2)  Operate an aerial ladder, aerial platform or

hydraulic jack.

(3)  Use rubber electrical gloves, insulated wire gloves,

insulated wire cutters, life nets or acetylene cutting units.

(4)  Operate the pump of a fire vehicle while at the

scene of a fire.

(5)  Enter a burning structure under any circumstance,

including training exercises.

(6)  Engage in firefighting activities unless the minor:

(i)  is 16 years of age or older;

(ii)  has successfully completed a course of training

equal to standards for basic firefighting established by

the State Fire Commissioner; and

(iii)  is under the direct supervision and control of

the fire chief, an experienced line officer assigned by

the fire chief or a designated forest fire warden.

(c)  Additional limitations.--Subject to additional

limitations in subsection (b), a minor under 16 years of age:

(1)  may engage only in training and first aid, coffee

wagon and food service activities and cleanup outside the

structure after a fire has officially been declared to be

under control; and 

(2)  except during training activities, may not operate a

high pressure hose line or ascend a ladder.

(d)  Other prohibited activities.--The department may

prohibit through regulation any activity deemed hazardous to the

health of a minor.

(e)  Other provisions.--The following shall apply:

(1)  Except as set forth under this subsection, this

section does not supersede any other provision of this act or

regulation promulgated under this act.

(2)  A minor may continue serving in answer to a fire

call until excused by the individual acting as chief of the

fire company if the minor is 16 years of age or older, is a

member of a volunteer fire company and answers a fire call

while lawfully so employed.

(3)  A minor 14 or 15 years of age may perform the

training or firefighting activities permitted under this

section until 10 p.m. before a school day if the minor is a

member of a volunteer fire company and has received written

consent of a parent or legal guardian.

Section 11.  Duties of employer.

(a)  Work permits and parental authorization.--The following

shall apply:

(1)  A minor may not be employed unless all the following

are obtained: 

(i)  A work permit.

(ii)  A written statement by the minor's parent or

legal guardian acknowledging understanding of the duties

and hours of employment and granting permission to work.

Such statement shall be subject to the provisions of 18

Pa.C.S. § 4904 (relating to unsworn falsification to

authorities).

(2)  Before employing a minor, an employer shall do all

of the following:

(i)  Verify the work permit under paragraph (1)(i).

(ii)  Receive the statement under paragraph (1)(ii).

(3)  A minor who is older than 16 years of age employed

in the distribution, sale, exposing or offering for sale of

any newspaper, or any minor who can demonstrate that he is

working independently of the newspaper publisher in this

work, shall not be required to procure a work permit.

(b)  Notification.--The employer shall acknowledge to the

issuing official in writing the employment of a minor and detail

the normal duties and hours of employment within five days after

the beginning of employment and shall include the age and work

permit number of the minor. On termination of employment of a

minor, the employer shall notify the issuing official within

five days of the final day of employment that the minor is no

longer employed by the employer.

(c)  Posting requirement.--An employer shall post in the

establishment, in a place conspicuous to employees, all of the

following:

(1)  A printed abstract of the sections of this act

relating to hours of labor.

(2)  A list of minors employed in the establishment and

their schedule of work hours, which shall contain:

(i)  the maximum number of hours each minor is

required or permitted to work on each day of the week;

(ii)  the weekly total for each minor; and

(iii)  the daily hours for commencing and stopping

work and for time allowed for meals.

(d)  Records.--An employer shall:

(1)  Maintain a record of minors at the work site

containing, as to each holder, a copy of the work permit, the

original permission statement required under subsection (a)

and a copy of the letter sent to the issuing official

announcing employment of the minor.

(2)  Maintain records for employed minors in compliance

with the recordkeeping requirements of the act of January 17,

1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968,

and shall maintain accurate records of the actual days, hours

and times of day the minors worked, including breaks.

(3)  Provide an enforcement officer with access to

records kept under this subsection.

Section 12.  Work permit.

(a)  Form and content.--A work permit shall:

(1)  be issued on a wallet-sized form prescribed by the

Department of Education and shall contain information related

to the holder's name, sex, date of birth, place of residence

and color of hair and eyes;

(2)  certify that the holder has personally appeared

before the issuing officer who confirmed the holder's

identity; that all papers required by law have been examined,

approved and filed; and all conditions and requirements for

issuing a permit have been fulfilled;

(3)  be signed, in the presence of the issuing officer,

by the holder; and

(4)  bear a serial number, indicate the date of issuance

and contain the signature of the issuing officer.

(b)  Application.--The following shall apply:

(1)  Except as set forth under paragraph (3), application

for a work permit must be verified by signature of the

applicant's parent or legal guardian.

(2)  Except as set forth under paragraph (3), a work

permit shall not be issued until the applicant has personally

appeared before the issuing officer for confirmation of the

applicant's identity.

(3)  Paragraphs (1) and (2) shall not apply if the

applicant can demonstrate official proof of high school

graduation.

(c)  Documentation.--The issuing officer shall not issue a

work permit until the issuing officer has received, examined,

approved and filed the following papers which verify the

applicant's age. If proof of age is an official document or

record of the Commonwealth or government of another state or

governmental subdivision of another state, it need not be filed

if the issuing officer records the information necessary to

enable the document or record to be located at the place where

it is filed. If proof of age is other than an official document

or record of the Commonwealth or government of another state or

governmental subdivision of another state, the following is the

order of preference for acceptable proof:

(1)  An attested transcript of the birth certificate,

filed according to law with a register of vital statistics or

other officer charged with the duty of recording births.

(2)  Any certified documentary record of age other than a

school record or an affidavit of age, which appears to the

satisfaction of the issuing officer to be sufficient evidence

of age.

(3)  A valid passport.

(4)  Any certified documentary record of age other than a

school record or an affidavit of age, which appears to the

satisfaction of the issuing officer to be sufficient evidence

of age.

(5)  The signed statement of a physician, physician's

assistant or nurse practitioner, approved by the board of

school directors, stating that, after examination, it is the

opinion of the individual signing the statement that the

applicant has attained the age required by law for the

occupation in which the applicant expects to engage. The

statement must be accompanied by an affidavit signed by the

applicant's parent or legal guardian and certifying to the

name, date and place of birth of the applicant and that the

individual signing the statement is unable to produce any of

the proofs of age specified in paragraphs (1), (2), (3) or

(4).

(c.1)  Issuance.--If all application requirements are met, a

work permit shall be issued by an issuing officer unless it is

the issuing officer's judgment that the applicant cannot

maintain adequate academic achievement if permitted to work

during the school year.

(d)  Revocation.--An issuing officer may revoke a work permit

if it is the issuing officer's judgment that the applicant

cannot maintain adequate academic achievement if permitted to

work during the school year.

(e)  Investigative information.--An issuing officer shall

cooperate with any enforcing officer in an investigation

conducted under this act. Documentation substantiating the

issuance of a permit shall be provided upon request by an

enforcing officer. The information shall remain confidential

unless it is used in a proceeding under section 14(a) or (b).

Section 13.  Administration.

(a)  Powers and duties.--The department shall have the

following powers and duties:

(1)  Prescribe the forms necessary to implement this act.

(2)  Promulgate regulations to administer this act which

are as consistent as possible with the regulations

promulgated under the Fair Labor Standards Act. Regulations

under this paragraph may establish a procedure for any

employer not subject to the Fair Labor Standards Act to

receive an extension until 10 p.m. of the 9 p.m. time

limitation under section 6(c)(1) which, if granted, shall

specify that it does not apply to Federal enforcement or

administration of the Fair Labor Standards Act.

(3)  Provide copies of this act and blank forms for

compliance with its provisions to employers and prospective

employers.

(4)  Be authorized to enter and inspect an establishment

at any reasonable time to ascertain working conditions and

examine and inspect records, documents or information, in any

medium, that in any way relate to employment of minors or

activities governed by this act.

(5)  Copy any or all records, documents or information

under paragraph (4) that are deemed necessary or appropriate,

require full and accurate statements in writing and

interrogate any person to ascertain whether there is

compliance with this act and regulations issued under this

act.

(b)  Secretary.--In enforcing this act, the department shall

have investigatory subpoena power and a duty to issue a subpoena

upon request of the Commonwealth attorney responsible for

investigation or prosecution under section 8 or 14. Application

may be made to the Commonwealth Court to enforce a subpoena.

Nothing in this section shall be construed to excuse a person

from producing documents and records as requested by the

department under any other provision of law.

(c)  Duties of Department of Education.--The Department of

Education shall supply and distribute to school districts all

forms necessary for enforcement of this act.

(d)  Duties of school districts.--School districts shall

administer applications and the issuance of work permits under

section 13 and may initiate an enforcement action under

subsection (e).

(e)  Enforcement.--Enforcement officers may initiate

prosecution for violations of this act.

(f)  Suspected violations of age requirements.--The following

shall apply:

(1)  If an enforcement officer has reason to believe that

an individual working without a work permit is a minor or

that a minor with a work permit is working in violation of

the age restrictions set forth under this act, the officer

may demand that the person employing the individual within

ten days:

(i)  furnish to the officer proof of age; or

(ii)  cease to employ or permit the individual to

work.

(2)  Proof of a demand under paragraph (1) and of failure

to comply with paragraph (1)(i) constitutes prima facie

evidence of the illegal employment of a minor.

(3)  Compliance with paragraph (1)(ii) does not relieve a

person from liability under section 14.

Section 14.  Penalties.

(a)  Criminal.--The following shall apply:

(1)  A person may not intentionally violate this act,

interfere with functions of an enforcement officer, compel or

permit a minor to violate this act, fail after notice to

provide records under section 11(d) or 13(a) or (b) or

falsify records under this act.

(2)  Except as set forth in paragraph (3), a person that

violates paragraph (1) commits a misdemeanor of the third

degree and shall, upon conviction of a first offense, be

sentenced to pay a fine of not more than $2,500 or to

imprisonment for not more than 180 days, or both.

(3)  A person that, after being sentenced under paragraph

(2), commits a subsequent violation of paragraph (1) shall,

upon conviction, be sentenced to pay a fine of not less than

$2,500 nor more than $5,000 for each violation or to

imprisonment for not more than one year, or both. 

(b)  Administrative.--The following shall apply:

(1)  Except as set forth under paragraph (3) or

subsection (c), the department may impose an administrative

penalty of not less than $100 nor more than $1,000 for each

violation of this act.

(2)  The department may order a person to take any action

which the department deems necessary to correct a violation

of this act.

(3)  The department may not impose a penalty under this

subsection on a person who has been sentenced under

subsection (a) for an offense arising out of the same conduct

which would give rise to a penalty under this subsection.

(4)  This subsection is subject to 2 Pa.C.S. Chs. 5

Subch. A (relating to practice and procedure of Commonwealth

agencies) and 7 Subch. A (relating to judicial review of

Commonwealth agency action).

(c)  Multiple prosecution.--Imposition of a criminal, civil

or administrative penalty under the Fair Labor Standards Act

shall bar prosecution under subsection (a) and imposition of an

administrative penalty under subsection (b) if the same conduct

constitutes the basis of the Federal action and the basis of the

prosecution under subsection (a) or the administrative penalty

under subsection (b).

Section 15.  Student-learner and apprenticeship programs.

A minor may be employed in work experience and career

exploration programs, apprenticeship programs and school-to-work

programs to the extent permitted by regulations promulgated

under this act and not prohibited by the Fair Labor Standards

Act.

Section 40.  Repeal.

(a)  Intent.--The General Assembly declares that the repeal

under subsection (b) is necessary to effectuate the provisions

of this act.

(b)  Provision.--The act of May 13, 1915 (P.L.286, No.177),

known as the Child Labor Law, is repealed.

Section 41.  Regulations.

The department shall, within 18 months of the effective date

of this section, promulgate regulations to implement this act.

Section 42.  Effective date.

This act shall take effect in 180 days.