PRINTER'S NO. 4178
No. 2780 Session of 2002
INTRODUCED BY STEIL, ADOLPH, BENNINGHOFF, BROOKS, BUNT, CIVERA,
L. I. COHEN, FRANKEL, HENNESSEY, HORSEY, KELLER, MELIO,
MYERS, RUBLEY, SHANER, WALKO, WASHINGTON, WATSON, YOUNGBLOOD
AND THOMAS, JUNE 28, 2002
REFERRED TO COMMITTEE ON LABOR RELATIONS, JUNE 28, 2002
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 16. Repeal.
7 Section 17. 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
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 "Certified nurse practitioner." A certified school nurse
30 who:
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1 (1) is a graduate of a nurse practitioner program which
2 has been approved by the Department of Health School Nurse
3 Advisory Committee; or
4 (2) has been approved by the State Board of Nursing.
5 "Department." The Department of Labor and Industry of the
6 Commonwealth.
7 "Employer." A person that employs a minor.
8 "Enforcement officer." Any of the following:
9 (1) The Secretary of Labor and Industry or a designee
10 who is an employee of the Department of Labor and Industry.
11 (2) A chief school administrator.
12 (3) A home and school visitor.
13 (4) An attendance officer appointed under section 1342
14 of the act of March 10, 1949 (P.L.30, No.14), known as the
15 Public School Code of 1949.
16 (5) An issuing officer.
17 (6) A law enforcement officer.
18 "Establishment." A place within this Commonwealth where work
19 is done for compensation of any kind.
20 "Fair Labor Standards Act." The Fair Labor Standards Act of
21 1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.).
22 "Family physician." As defined in section 1401(6) of the act
23 of March 10, 1949 (P.L.30, No.14), known as the Public School
24 Code of 1949.
25 "Issuing officer." One of the following:
26 (1) A district superintendent or supervising principal
27 of a public school district or, if a public school district
28 does not have a district superintendent or supervising
29 principal, the secretary of the board of school directors of
30 the district.
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1 (2) An individual authorized in writing by the
2 appropriate individual under paragraph (1) to issue a
3 certificate or permit.
4 "Minor." An individual under 18 years of age. The term does
5 not include an individual who is 17 years of age and who:
6 (1) is a high school graduate; or
7 (2) is declared to have attained the individual's
8 academic potential by the chief administrator of the school
9 district where the individual resides.
10 "Person." The Commonwealth, any political subdivision or
11 instrumentality or authority of a political subdivision, an
12 individual, a partnership, a corporation, a nonprofit
13 corporation or an unincorporated association.
14 "Regular school week." The five days beginning with Monday
15 through Friday in which school is in session.
16 "Secretary." The Secretary of Labor and Industry of the
17 Commonwealth.
18 "Work permit." A transferable work permit entitling a minor
19 to employment.
20 "Volunteer emergency service organization." A volunteer fire
21 company, volunteer ambulance organization, volunteer rescue
22 organization or a volunteer forest fighting organization.
23 Section 4. General limitations on employment of minors.
24 (a) Rest break.--No minor may be employed for more than five
25 hours continuously without an interval of at least 30 minutes
26 for a rest break. No period of less than 30 minutes shall be
27 deemed to interrupt a continuous period of work.
28 (b) Establishments.--Minors may not be employed in the
29 following establishments:
30 (1) Billiard rooms.
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1 (2) Except as set forth in section 6(a)(2) or 7(c),
2 establishments where alcoholic beverages are produced, sold
3 or dispensed.
4 (3) Establishments determined by the department, through
5 regulation, to be hazardous to minors or injurious to health
6 of morals of minors.
7 Section 5. Employment of minors under 14 years of age.
8 (a) General limitations.--Except as set forth in subsection
9 (b), no minor under 14 years of age may be employed except to
10 the extent permitted under the Fair Labor Standards Act.
11 (b) Exceptions.--Irrespective of the limitations set forth
12 in subsection (a), a minor under 14 years of age may be employed
13 as follows:
14 (1) A minor who is at least 12 years of age may be
15 employed as a caddy subject to the following limitations:
16 (i) The minor may not carry more than one golf bag
17 at a time.
18 (ii) Employment may not be for more than 18 holes of
19 golf in a single day.
20 (2) A minor who is at least 11 years of age may engage
21 in the delivery of newspapers, periodicals or other
22 publications to the homes of subscribers or in the street
23 sale or delivery of the items to the consumer minors. Minors
24 under this paragraph shall be subject to limitations set
25 forth in section 6(c)(2). This paragraph shall not apply to
26 the hauling of newspapers, periodicals or other publications
27 to drop stations or distribution centers or other related
28 activities.
29 Section 6. Employment of minors under 16 years of age.
30 (a) Permitted employment.--
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1 (1) Minors who are under 16 years of age may be employed
2 to the extent permitted by the Fair Labor Standards Act.
3 (2) Irrespective of the limitation in section 4(b)(2), a
4 minor under 16 years of age may be employed at a ski resort,
5 golf course and amusement park, where alcoholic beverages are
6 served as long as the minor is not permitted to handle or
7 serve the beverages and is not employed in a room where the
8 beverages are stored or served.
9 (b) Hours of employment.--Except as set forth in subsection
10 (c), hours of employment for minors under 16 years of age shall
11 be limited as follows:
12 (1) The minor may not be employed before 7 a.m. or after
13 7 p.m., except that, during the school vacation period from
14 June to Labor Day, a minor shall be permitted to be employed
15 until 9 p.m.
16 (2) The minor may not be employed for more than three
17 hours on a school day nor more than eight hours on a day when
18 there is no school.
19 (3) The minor may not be employed for more than 18 hours
20 during a week school is in session.
21 (4) The minor may not be employed for more than 40 hours
22 a week when school is not in session.
23 (c) Exceptions.--The following exceptions apply to the
24 prohibitions of subsection (b):
25 (1) Poultry farm-minors who are at least 14 years of age
26 or older may be employed until 10 p.m. on a farm by a person
27 other than the farmer in the hatching, raising or harvesting
28 of poultry as long as the minor is not working in an
29 agricultural occupation declared hazardous by the United
30 States Secretary of Labor.
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1 (2) Newspaper and periodical delivery minors who are at
2 least 14 years of age may be employed in the distribution and
3 sale of newspapers, magazines, periodicals or other
4 publications after 6 a.m. and before 8 p.m., or until 9 p.m.
5 as set forth in subsection (b)(1).
6 Section 7. Employment of minors 16 years of age or older.
7 (a) Permitted employment.--Minors who are at least 16 years
8 of age may be employed in occupations to the extent permitted by
9 the Fair Labor Standards Act.
10 (b) Hours of employment.--Hours of employment for minors at
11 least 16 years of age shall be limited as follows:
12 (1) The minor may not be employed for more than six
13 consecutive days in a single week.
14 (2) The minor may not be employed for more than 48 hours
15 in a single week.
16 (3) The minor may not be employed for more than eight
17 hours in a single day.
18 (4) The minor may not be employed for more than 28 hours
19 during a regular school week.
20 (5) The minor may not be employed between the hours of
21 12 midnight and 6 a.m. on a school day, except that the minor
22 may be employed until 1 a.m. on an evening before a nonschool
23 day.
24 (c) Employment in motels, clubs and restaurants in which
25 liquor is present.--Irrespective of the general limitation
26 delineated in section 4(b)(2), a minor who is at least 16 years
27 of age may be employed as follows in a motel, club and
28 restaurant in which liquor is present:
29 (1) The minor may be employed in that part of the
30 establishment in which alcoholic beverages are not served.
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1 (2) The minor may be employed to serve food, clear
2 tables and perform other duties in a licensed establishment
3 whose sales of food and nonalcoholic beverages are equal to
4 at least 40% of the combined gross sales of both food and
5 alcoholic beverages, if duties do not include the dispensing
6 or serving of alcoholic beverages. Before employing a minor
7 under this paragraph, an establishment licensed by the
8 Pennsylvania Liquor Control Board must furnish to the issuing
9 officer a certification that, for a period of not less than
10 90 days during the 12 months immediately preceding the date
11 of application, the establishment met the 40% threshold of
12 this paragraph in conformity with the regulations of the
13 board governing the sale of alcoholic beverages on Sunday.
14 (d) Employment of minors in religious or scout organization
15 summer camps or retreats.--A minor at least 16 years of age who
16 is employed during the months of June, July, August or September
17 by a summer resident camp or a conference or retreat operated by
18 a religious or scout organization shall receive 24 consecutive
19 hours of rest, during every seven-day period. This subsection
20 does not apply to a minor employed primarily for general
21 maintenance work or food service activities.
22 Section 8. Employment of minors as performers in theater or
23 film productions.
24 (a) Authorization.--A minor who is at least seven years of
25 age may be employed in a theatrical production, a musical
26 recital or concert, an entertainment act, modeling, radio,
27 television, motion picture making or a similar form or medium of
28 entertainment if all of the following apply:
29 (1) Except as set forth in subsection (b)(4), the minor
30 has an entertainment permit from the department.
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1 (2) The performance is not hazardous to the minor's
2 safety or well-being. This paragraph includes performing in
3 any of the following:
4 (i) A boxing, sparring or wrestling match or
5 exhibition.
6 (ii) An acrobatic act.
7 (3) The minor does not perform after 11:30 p.m.
8 (4) No alcoholic beverages are sold or dispensed in the
9 place where the performance takes place.
10 (5) The minor does not appear in more than:
11 (i) two performances in a single day; or
12 (ii) eight performances in a single week.
13 (6) For rehearsals for performances, length of time and
14 hours of starting and finishing rehearsals added to
15 performance duties are not such as to be injurious or harmful
16 to the minor.
17 (b) Entertainment permits.--
18 (1) The department may issue an entertainment permit to
19 a minor who is at least seven years of age to be employed in
20 a theatrical production, a musical recital or concert, an
21 entertainment act, modeling, radio, television, motion
22 picture making or a similar form or medium of entertainment.
23 The entertainment permit shall insure compliance with
24 subsection (a)(2) through (5).
25 (2) The department may issue an entertainment permit to
26 a minor for temporary employment as part of the performing
27 cast in the production of a motion picture as follows:
28 (i) The department must determine that adequate
29 provision has been made for the minor's educational
30 instruction, supervision, health and welfare.
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1 (ii) Unless the department determines that more
2 restrictive conditions are necessary, an entertainment
3 permit under this paragraph shall authorize a minor to
4 work as part of the performing cast for no more than 44
5 hours in a single week nor eight hours in a single day.
6 Time spent on the set or on location while on call shall
7 be excluded from any calculation of the maximum number of
8 hours under this subparagraph if the department
9 determines that adequate provision has been made for the
10 minor's education, supervision and welfare during such
11 intervals. The department may restrict the number of
12 hours which may be spent on call by the minor.
13 (iii) The department may waive restrictions
14 contained in this act and in any other act on the time of
15 day or night allowed for engaging in the employment
16 authorized by this paragraph if the department determines
17 that the waiver:
18 (A) is necessary to preserve the artistic
19 integrity of the motion picture; and
20 (B) will not impair the educational instruction,
21 supervision, health or welfare of the minor.
22 (iv) An entertainment permit under this paragraph
23 shall be valid for up to six months.
24 (v) An entertainment permit under this paragraph
25 shall state that the minor for whom the entertainment
26 permit is issued may not be allowed on a set during nor
27 otherwise watch the filming or rehearsal for filming of a
28 sexual act.
29 (3) Expected rehearsal time and the hours of starting
30 and finishing the rehearsal must be set forth in the
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1 application for an entertainment permit. The entertainment
2 permit issued shall state what rehearsal time is permissible.
3 (4) Application must comply with all of the following:
4 (i) Be made on a form signed by the employer of the
5 minor and the parent or guardian of the minor.
6 (ii) Contain the seal of a notary public and a
7 statement that the facts as set forth in the application
8 are correct.
9 (iii) State what provisions are in effect to provide
10 for:
11 (A) the minor's educational instruction,
12 supervision, health and welfare; and
13 (B) safeguarding and conservation for the minor
14 of the money derived from performance.
15 (5) No entertainment permit shall be issued for a
16 performance if there is no adequate provision for the matters
17 set forth in paragraph (4)(iii).
18 (6) An appeal of a decision by the department under this
19 subsection must be made to the board. The board shall hold a
20 hearing on the appeal.
21 (7) An entertainment permit is not to be required for a
22 minor who participates in a nonprofit, educational,
23 theatrical production if all of the following apply:
24 (i) There is informed, written consent of the
25 minor's parent or guardian.
26 (ii) Participation is:
27 (A) for a period of no more than 14 consecutive
28 days; and
29 (B) not during school hours.
30 (iii) The minor receives no direct or indirect
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1 remuneration.
2 (c) Conflicts.--Nothing in this section shall be construed
3 to supersede or repeal:
4 (1) any provision of this act unless an entertainment
5 permit is issued; or
6 (2) 18 Pa.C.S. § 5903 (relating to obscene and other
7 sexual materials and performances) or § 6312 (relating to
8 sexual abuse of children).
9 Section 9. Minors serving in volunteer emergency service
10 organizations.
11 (a) General rule.--A minor who is a member of a volunteer
12 emergency service organization may participate in training and
13 emergency service activities except as follows:
14 (1) A minor may not operate a truck, ambulance or other
15 official fire vehicle.
16 (2) A minor may not operate an aerial ladder, aerial
17 platform or hydraulic jack.
18 (3) A minor may not use rubber electrical gloves,
19 insulated wire gloves, insulated wire cutters, life nets or
20 acetylene cutting units.
21 (4) A minor may not operate the pump of a fire vehicle
22 while at the scene of a fire.
23 (5) A minor may not enter a burning structure.
24 (6) A minor may not engage in firefighting activities
25 unless all of the following apply:
26 (i) The minor is at least 16 years of age.
27 (ii) The minor has successfully completed a course
28 of training equal to the standards for basic firefighting
29 established by the Department of Education and the
30 Department of Conservation and Natural Resources.
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1 (iii) The minor is under the direct supervision and
2 control of the fire chief, an experienced line officer or
3 a designated forest fire warden.
4 (b) Additional limitations for minors under 16 years of
5 age.--In addition to the limitations delineated in subsection
6 (a), the activities of minors under 16 years of age shall be
7 further limited as follows:
8 (1) A minor under 16 years of age shall only be
9 permitted to perform the following activities:
10 (i) Training.
11 (ii) First aid.
12 (iii) Cleanup service at the scene of a fire,
13 outside the structure and after the fire has been
14 declared by the fire official in charge to be under
15 control.
16 (iv) Assist a coffee wagon and food services.
17 (2) A minor under 16 years of age may not do any of the
18 following:
19 (i) Operate high pressure hose lines except during
20 training activities.
21 (ii) Ascend ladders except during training
22 activities.
23 (c) Other prohibited activities.--The department may
24 prohibit through regulation other activities that it deems
25 hazardous to the health of minors.
26 (d) Other provisions.--
27 (1) Except as set forth in this subsection, this section
28 does not supersede any other provision of this act or any
29 regulation promulgated under this act.
30 (2) A minor may continue serving in answer to a fire
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1 call until excused by the individual acting as chief of the
2 fire company if the minor:
3 (i) is at least 16 years of age;
4 (ii) is a member of a volunteer fire company; and
5 (iii) answers a fire call while lawfully employed.
6 (3) A minor may perform the training or firefighting
7 activities permitted under this section between the hours of
8 7 p.m. and 10 p.m. before a school day if the minor:
9 (i) is at least 16 years of age;
10 (ii) is a member of a volunteer fire company; and
11 (iii) has the written consent of a parent or
12 guardian.
13 (e) Regulations prohibited.--No Commonwealth agency may
14 promulgate a regulation concerning minor volunteer firefighters.
15 Section 10. Duties of employer.
16 (a) Work permits and parental authorization.--
17 (1) Unless a minor has the items listed in paragraph
18 (2), a minor may not be employed or permitted to work:
19 (i) in, about or in connection with an
20 establishment; or
21 (ii) in an occupation.
22 (2) To be permitted to work under paragraph (1), a minor
23 must have all of the following:
24 (i) A work permit.
25 (ii) A written, notarized statement by the minor's
26 parent or guardian acknowledging understanding of the
27 duties and hours of employment and granting permission to
28 work.
29 (3) Before employing a minor, an employer shall do all
30 of the following:
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1 (i) Verify work permit under paragraph (2)(i).
2 (ii) Receive the statement under paragraph (2)(ii).
3 (4) An employer shall keep the items under paragraph (2)
4 on file and accessible to an individual charged with
5 enforcement of this act.
6 (b) Notification.--The employer shall acknowledge to the
7 issuing official in writing the employment of a minor and shall
8 detail the normal duties and hours of employment within five
9 days after the beginning of employment and shall include the age
10 and permit number of the minor. On termination of employment of
11 a minor, the employer shall notify the issuing official within
12 five days of the final day of employment that the minor no
13 longer is employed by the employer.
14 (c) Posting requirement.--An employer shall post in a
15 conspicuous place in the establishment all of the following:
16 (1) A printed abstract of the sections of this act
17 relating to the hours of labor.
18 (2) A list of the minors employed in the establishment.
19 (3) A schedule of the hours of labor of the minors
20 listed in subparagraph (ii). The schedule of hours of labor
21 shall contain:
22 (i) the maximum number of hours each minor is
23 required or permitted to work on each day of the week;
24 (ii) the weekly total for each minor; and
25 (iii) the daily hours for commencing and stopping
26 work and for time allowed for meals.
27 (d) Records.--An employer shall maintain a record of minors
28 at the work site which contains, for each holder, a copy of the
29 work permit, the original notarized permission statement
30 required in subsection (a) and a copy of the letter sent to the
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1 issuing official announcing the employment of the minor.
2 Section 11. Work permit.
3 (a) Form and content.--
4 (1) A work permit shall be issued on a wallet-sized form
5 prescribed by the department. The certificate shall contain
6 the following information related to the holder:
7 (i) Name.
8 (ii) Sex.
9 (iii) Date and place of birth.
10 (iv) Place of residence.
11 (v) Color of hair and eyes.
12 (vi) Any distinguishing physical characteristics or
13 physical limitation.
14 (2) The work permit shall certify that:
15 (i) the holder has personally appeared before the
16 issuing officer and has been examined;
17 (ii) all papers required by law have been examined,
18 approved and filed; and
19 (iii) all conditions and requirements for issuing a
20 permit have been fulfilled.
21 (3) The work permit shall be signed, in the presence of
22 the issuing officer, by the holder.
23 (4) The work permit shall bear a number, the date of
24 issuance and the signature of the issuing officer.
25 (b) Application.--
26 (1) Documentation.--
27 (i) Except as set forth in subparagraph (ii),
28 application for a work permit must be verified as
29 follows:
30 (A) The applicant's parent or guardian must sign
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1 the application.
2 (B) If the applicant does not have a parent or
3 guardian, the applicant's next friend, who must be at
4 least 19 years of age, must sign the application.
5 (C) In lieu of a signature under clause (A) or
6 (B), the applicant may execute a statement before a
7 notary public or other person authorized to
8 administer oaths attesting to the accuracy of the
9 facts set forth in the application on a form
10 prescribed by the department. The statement shall be
11 attached to the application.
12 (ii) Subparagraph (i) does not apply if the
13 applicant can demonstrate official proof of high school
14 graduation.
15 (2) Examination.--
16 (i) Except as set forth in paragraph (ii), a work
17 permit shall not be issued until the applicant has
18 personally appeared before and been examined by the
19 issuing officer.
20 (ii) Subparagraph (i) does not apply if the
21 applicant can demonstrate official proof of high school
22 graduation.
23 (3) Documentation.--The issuing officer shall not issue
24 a work permit until the issuing officer has received,
25 examined, approved and filed the following papers:
26 (i) A certificate of physical fitness. The
27 certificate must state that the applicant has been
28 thoroughly examined by the examining physician, certified
29 nurse practitioner or certified registered nurse
30 practitioner at the time of the application for an
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1 employment certificate or within the previous 365 days
2 and is physically qualified for employment subject only
3 to any limitations on duties as may be specified by the
4 examiner on the work permit. If the examining physician,
5 certified nurse practitioner or certified registered
6 nurse practitioner deems it advisable, a certificate of
7 physical fitness for a limited time may be issued. At the
8 expiration of the limited time, the holder must submit to
9 a new examination before being permitted to continue at
10 work. Such physical examination must be performed by one
11 of the following and, except for clause (C), shall be
12 done at no cost to the minor:
13 (A) In a school district of the first class,
14 second class or third class, a physician, certified
15 nurse practitioner or certified registered nurse
16 practitioner employed by the board of school
17 directors of the school district in which the
18 applicant resides.
19 (B) In a district of the fourth class, a
20 physician, certified nurse practitioner or certified
21 registered nurse practitioner appointed by the
22 Department of Health; and the certificate of physical
23 fitness provided for by this act must be signed by
24 the physician, certified nurse practitioner or
25 certified registered nurse practitioner.
26 (C) A family physician if the physical
27 examination is equal to or more comprehensive than
28 the standard examination given by the school
29 physician, certified nurse practitioner or certified
30 registered nurse practitioner or family physician.
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1 (ii) If proof of age is an official document or
2 record of the Commonwealth or government of another state
3 or governmental subdivision of another state, it need not
4 be filed if the issuing officer records the information
5 necessary to enable the document or record to be located
6 at the place where it is filed. If proof of age is other
7 than an official document or record of the Commonwealth
8 or government of another state or governmental
9 subdivision of another state, the following is the order
10 of preference for acceptable proof under this
11 subparagraph:
12 (A) An attested transcript of the birth
13 certificate, filed according to law with a register
14 of vital statistics or other officer charged with the
15 duty of recording birth.
16 (B) A certified baptismal certificate or
17 transcript of the record of baptism showing the date
18 of birth.
19 (C) A passport showing the age of immigrant.
20 (D) Any certified documentary record of age
21 other than a school record or an affidavit of age,
22 which appears to the satisfaction of the issuing
23 officer to be sufficient evidence of age.
24 (E) The signed statement of a physician,
25 approved by the board of school directors, stating
26 that, after examination, it is the opinion of the
27 physician that the applicant has attained the age
28 required by the law for the occupation in which the
29 minor expects to engage. The statement must be
30 accompanied by an affidavit signed by the applicant's
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1 parent or guardian or, if there is no parent or
2 guardian, by the applicant's next friend and
3 certifying to the name, date and place of birth of
4 the applicant and that the individual signing the
5 statement is unable to produce any of the proofs of
6 age specified in clauses (A) through (D).
7 (d) Issuance.--If all application requirements are met, a
8 work permit shall be issued by an issuing officer unless it is
9 the issuing officer's judgment that the minor cannot maintain
10 adequate academic achievement if permitted to work during the
11 school year.
12 Section 12. Administration.
13 (a) Duties of department.--The department has the following
14 powers and duties:
15 (1) Prescribe the forms necessary to implement this act.
16 (2) Promulgate regulations which are consistent as
17 possible with the regulations promulgated under 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) 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 (c) Duties of school districts.--School districts shall
26 administer applications and issuance of work permits pursuant to
27 section 11 and may initiate enforcement actions under subsection
28 (d).
29 (d) Enforcement.--Enforcement officers may initiate
30 prosecution for violations of this act.
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1 (e) 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.
16 Section 13. Penalties.
17 (a) Criminal.--
18 (1) A person may not do any of the following:
19 (i) Violate this act.
20 (ii) Interfere with the functions of an enforcement
21 officer.
22 (iii) Compel or permit a minor to violate this act.
23 (2) Except as set forth in paragraph (3), a person that
24 violates paragraph (1) commits a summary offense and shall,
25 upon conviction, be sentenced to pay a fine of not less than
26 $100 nor more than $500.
27 (3) A person that, after being sentenced under paragraph
28 (2), violates paragraph (1) commits a summary offense and
29 shall, upon conviction, be sentenced to pay a fine of not
30 less than $500 nor more than $1,500 or to imprisonment for
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1 not more than ten days, or both.
2 (b) Administrative penalties.--The department may impose an
3 administrative penalty of not less than $100 nor more than
4 $1,000 for each violation of the offenses delineated in
5 subsection (a)(1). A penalty under this subsection may not be
6 imposed if a criminal action under subsection (a) was initiated.
7 Section 14. Employment of minors in student-learner and
8 apprenticeship programs.
9 A minor may be employed in a work experience and career
10 exploration program, an apprenticeship program and a school-to-
11 work program, to the extent permitted by the Fair Labor
12 Standards Act.
13 Section 15. Applicability.
14 (a) Domestic service.--This act shall not apply to the
15 employment of a minor in domestic service in or around private
16 homes.
17 (b) Agricultural employment.--Agricultural employment which
18 is exempt from coverage of the Fair Labor Standards Act shall be
19 exempt from coverage of this act.
20 Section 16. Repeal.
21 The act of May 13, 1915 (P.L.286, No.177), known as the Child
22 Labor Law, is repealed.
23 Section 17. Effective date.
24 This act shall take effect January 1, 2003.
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