PRIOR PRINTER'S NOS. 1115, 2854 PRINTER'S NO. 2937
No. 974 Session of 2001
INTRODUCED BY C. WILLIAMS, BELARDI, CRUZ, FRANKEL, HASAY,
JOSEPHS, MANDERINO, PISTELLA, STABACK, TIGUE, WALKO, WATERS,
J. WILLIAMS, TRELLO, ROONEY, STEELMAN, YOUNGBLOOD, HARHAI AND
GRUCELA, MARCH 14, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 20, 2001
AN ACT
1 Amending the act of May 13, 1915 (P.L.286, No.177), entitled, as
2 amended, "An act to provide for the health, safety, and
3 welfare of minors: By forbidding their employment or work in
4 certain establishments and occupations, and under certain
5 specified ages; by restricting their hours of labor, and
6 regulating certain conditions of their employment; by
7 requiring employment certificates or transferable work
8 permits for certain minors, and prescribing the kinds
9 thereof, and the rules for the issuance, reissuance, filing,
10 return, and recording of the same; by providing that the
11 Industrial Board shall, under certain conditions, determine
12 and declare whether certain occupations are within the
13 prohibitions of this act; requiring certain abstracts and
14 notices to be posted; providing for the enforcement of this
15 act by the Secretary of Labor and Industry, the
16 representative of school districts, and police officers; and
17 defining the procedure in prosecutions thereunder, and
18 establishing certain presumptions in relation thereto;
19 providing for the issuance of special permits for minors
20 engaging in the entertainment and related fields; providing
21 penalties for the violation of the provisions thereof; and
22 repealing all acts or parts of acts inconsistent therewith,"
23 FURTHER PROVIDING FOR REGULATED EMPLOYMENT; AND providing for <--
24 youth peddling.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Section 1 of the act of May 13, 1915 (P.L.286,
1 No.177), known as the Child Labor Law, is amended by adding a
2 definition to read:
3 Section 1. Be it enacted, &c., That wherever the term
4 "establishment" is used in this act, it shall mean any place
5 within this Commonwealth where work is done for compensation of
6 any kind, to whomever payable: Provided, That this act shall not
7 apply to children employed on the farm, or in domestic service
8 in private homes.
9 * * *
10 The term "youth peddling," when used in this act, shall mean
11 the selling of goods or services by minors to customers at their
12 residences, places of business or public places including, but
13 not limited to, street corners, roadway medians, sports and
14 performing arts facilities, public transportation stations,
15 sales from vehicles or the placement of advertisements or
16 literature outside of fixed retail locations. The term shall not
17 include minors who sell products, goods or services as
18 volunteers without compensation on behalf of nonprofit
19 organizations including, but not limited to, organizations that
20 qualify as nonprofit under section 501(c) of the Internal
21 Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.)
22 and that meet the registration requirements established by
23 regulations of the Commonwealth, minors engaged in the delivery
24 of newspapers to consumers at their residence or place of
25 business or minors employed at fixed retail locations in
26 compliance with the provisions of the Fair Labor Standards Act
27 of 1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.). The term also
28 shall not include minors who sell products, goods or services
29 under the immediate supervision of a parent or legal guardian
30 and do not reside away from their home while engaged in the
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1 sales activity.
2 SECTION 2. SECTION 4 OF THE ACT, AMENDED OCTOBER 4, 1989 <--
3 (P.L.584, NO.62), IS AMENDED TO READ:
4 SECTION 4. NO MINOR UNDER EIGHTEEN YEARS OF AGE SHALL BE
5 EMPLOYED OR PERMITTED TO WORK IN, ABOUT, OR IN CONNECTION WITH
6 ANY ESTABLISHMENT, OR IN ANY OCCUPATION, FOR MORE THAN SIX
7 CONSECUTIVE DAYS IN ANY ONE WEEK, OR MORE THAN FORTY-FOUR HOURS
8 IN ANY ONE WEEK, OR MORE THAN EIGHT HOURS IN ANY ONE DAY:
9 PROVIDED, THAT MESSENGERS EMPLOYED BY TELEGRAPH COMPANIES AT
10 OFFICES WHERE ONLY ONE SUCH MINOR IS EMPLOYED AS A MESSENGER IN
11 WHICH CASE SUCH MINOR SHALL NOT BE EMPLOYED FOR MORE THAN SIX
12 CONSECUTIVE DAYS IN ANY ONE WEEK, OR MORE THAN FIFTY-ONE HOURS
13 IN ANY ONE WEEK, OR MORE THAN NINE HOURS IN ANY ONE DAY: AND
14 PROVIDED FURTHER, THAT NO MINOR UNDER EIGHTEEN YEARS OF AGE, WHO
15 IS ENROLLED IN REGULAR DAY SCHOOL AND WORKING OUTSIDE SCHOOL
16 HOURS, SHALL BE EMPLOYED OR PERMITTED TO WORK FOR MORE THAN
17 TWENTY-EIGHT HOURS DURING A SCHOOL WEEK.
18 NO MINOR UNDER SIXTEEN YEARS OF AGE SHALL BE EMPLOYED OR
19 PERMITTED TO WORK IN, ABOUT, OR IN CONNECTION WITH, ANY
20 ESTABLISHMENT OR IN ANY OCCUPATION BEFORE SEVEN O'CLOCK IN THE
21 MORNING OR AFTER SEVEN O'CLOCK IN THE EVENING OF ANY DAY EXCEPT
22 DURING SCHOOL VACATION PERIOD FROM JUNE TO LABOR DAY WHEN SUCH
23 MINOR MAY WORK BETWEEN THE HOURS OF SEVEN O'CLOCK IN THE MORNING
24 AND TEN O'CLOCK IN THE EVENING NOR SHALL SUCH A MINOR WHO IS
25 ENROLLED IN SCHOOL AND WORKING OUTSIDE SCHOOL HOURS BE EMPLOYED
26 OR PERMITTED TO WORK IN, ABOUT, OR IN CONNECTION WITH, ANY
27 ESTABLISHMENT OR IN ANY OCCUPATION MORE THAN FOUR HOURS ON A
28 SCHOOL DAY, OR MORE THAN EIGHT HOURS ON ANY OTHER DAY, OR MORE
29 THAN EIGHTEEN HOURS DURING A SCHOOL WEEK: PROVIDED, THAT,
30 STUDENTS FOURTEEN YEARS OF AGE AND OVER WHOSE EMPLOYMENT IS PART
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1 OF A RECOGNIZED SCHOOL-WORK PROGRAM, SUPERVISED BY A RECOGNIZED
2 SCHOOL AUTHORITY, MAY BE EMPLOYED FOR HOURS WHICH, COMBINED WITH
3 THE HOURS SPENT IN SCHOOL, DO NOT EXCEED EIGHT A DAY: [AND
4 FURTHER PROVIDED, THAT MINORS OVER THE AGE OF FOURTEEN MAY BE
5 EMPLOYED IN THE DISTRIBUTION, SALE, EXPOSING OR OFFERING FOR
6 SALE, OF ANY NEWSPAPER, MAGAZINE, PERIODICAL OR OTHER
7 PUBLICATION FOR NOT MORE THAN FIFTY-ONE HOURS IN ANY ONE WEEK,
8 OR MORE THAN NINE HOURS IN ANY ONE DAY, AND AFTER SIX O'CLOCK IN
9 THE MORNING AND BEFORE EIGHT O'CLOCK IN THE EVENING:] AND
10 FURTHER PROVIDED, THAT A MINOR UNDER SIXTEEN YEARS OF AGE
11 EMPLOYED ON A FARM BY A PERSON OTHER THAN THE FARMER IN THE
12 HATCHING, RAISING OR HARVESTING OF POULTRY MAY BE EMPLOYED OR
13 PERMITTED TO WORK UNTIL 10 O'CLOCK IN THE EVENING AS LONG AS THE
14 MINOR IS NOT WORKING IN AN AGRICULTURAL OCCUPATION DECLARED
15 HAZARDOUS BY THE UNITED STATES SECRETARY OF LABOR.
16 NO MINOR UNDER EIGHTEEN YEARS OF AGE SHALL BE EMPLOYED OR
17 PERMITTED TO WORK FOR MORE THAN FIVE HOURS CONTINUOUSLY IN,
18 ABOUT, OR IN CONNECTION WITH, ANY ESTABLISHMENT WITHOUT AN
19 INTERVAL OF AT LEAST THIRTY MINUTES FOR A LUNCH PERIOD AND NO
20 PERIOD OF LESS THAN THIRTY MINUTES SHALL BE DEEMED TO INTERRUPT
21 A CONTINUOUS PERIOD OF WORK.
22 NO MINOR UNDER EIGHTEEN YEARS OF AGE SHALL BE EMPLOYED OR
23 PERMITTED TO WORK IN, ABOUT, OR IN CONNECTION WITH, ANY
24 ESTABLISHMENT BETWEEN THE HOURS OF TWELVE IN THE EVENING AND SIX
25 IN THE MORNING IF SUCH MINOR IS ENROLLED IN REGULAR DAY SCHOOL:
26 PROVIDED, THAT, MINORS SIXTEEN AND SEVENTEEN YEARS OF AGE MAY BE
27 EMPLOYED UNTIL, BUT NOT AFTER, ONE O'CLOCK IN THE MORNING ON
28 FRIDAYS AND SATURDAYS, AND ON DAYS PRECEDING A SCHOOL VACATION
29 OCCURRING DURING THE SCHOOL YEAR, EXCEPTING THE LAST DAY OF SUCH
30 VACATION PERIOD.
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1 NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A MINOR
2 WHO IS SIXTEEN OR SEVENTEEN YEARS OF AGE WHO IS EMPLOYED DURING
3 THE MONTHS OF JUNE, JULY, AUGUST OR SEPTEMBER BY A SUMMER
4 RESIDENT CAMP OR A CONFERENCE OR RETREAT OPERATED BY A RELIGIOUS
5 OR SCOUT ORGANIZATION SHALL RECEIVE ONE DAY OF REST (TWENTY-FOUR
6 CONSECUTIVE HOURS OF REST) DURING EVERY SEVEN-DAY PERIOD:
7 PROVIDED, THAT THIS PARAGRAPH SHALL NOT APPLY TO A MINOR
8 EMPLOYED PRIMARILY FOR GENERAL MAINTENANCE WORK OR FOOD SERVICE
9 ACTIVITIES.
10 Section 2 3. The act is amended by adding a section to read: <--
11 Section 5.2. No minor under sixteen years of age shall be
12 employed or permitted to conduct youth peddling; however, minors
13 under sixteen years of age may be employed to conduct youth
14 peddling under the following conditions:
15 (1) A signed consent has been obtained from the minor's
16 parent or guardian.
17 (2) Appropriate adult supervision is provided.
18 (3) The minor is not engaged in youth peddling past the hour
19 of six o'clock in the evening of any day.
20 (4) The minor is engaged in youth peddling on only those
21 days and during those hours prescribed by the department.
22 (5) Such other requirements as the department may establish,
23 by regulation, to protect the minor's safety, health and well-
24 being.
25 (6) School officers charged with issuing employment
26 certificates under this act or its regulations shall approve the
27 employment of minors to conduct youth peddling in accordance
28 with the above conditions.
29 Section 3 4. This act shall take effect in 60 days. <--
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