THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DELOZIER, ADOLPH, BOYD, CUTLER, FARRY, GEIST, GINGRICH, GRELL, GROVE, KORTZ, MARSHALL, MILLER, MOUL, VULAKOVICH AND WATSON, MARCH 4, 2011

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 4, 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.  Legislative intent.

Section 3.  Definitions.

Section 4.  General limitations on employment of minors.

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

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

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

Section 8.  Employment of minors as performers in theater or

film productions.

Section 8.1.  Sports-attendant services.

Section 9.  Minors serving in volunteer emergency service

organizations.

Section 10.  Duties of employer.

Section 11.  Work permit.

Section 12.  Administration.

Section 13.  Penalties.

Section 14.  Employment of minors in student-learner and

apprenticeship programs.

Section 15.  Applicability.

Section 29.  Repeal.

Section 30.  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.  Legislative intent.

In the interest of ensuring that there is a clear set of

standards for employers to follow in the employment of children

under 18 years of age, the General Assembly recognizes that the

current laws in this area must be updated and, in order to avoid

confusion, must be as consistent as possible with Federal

standards. This act is intended to update the Commonwealth's

laws regulating the employment of children under 18 years of

age, and it is intended to promulgate standards which are as

consistent as possible with regulations promulgated pursuant to

the Fair Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. §

201 et seq.), which regulates the employment of children under

18 years of age.

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.

"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.

(4)  An attendance officer appointed under section 1342

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

Public School Code of 1949.

(5)  An issuing officer.

(6)  A law enforcement officer.

"Establishment."  A place within this Commonwealth where work

is done for compensation of any kind.

"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, any political subdivision,

instrumentality or authority of a political subdivision, an

individual, a partnership, a corporation, a nonprofit

corporation or an unincorporated association.

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

through Friday during which school is in session.

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

Commonwealth.

"Volunteer emergency service organization."  A volunteer fire

company, volunteer ambulance organization, volunteer rescue

organization or a volunteer forest firefighting organization.

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

to employment.

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

(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 home 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 an interval of at least 30 minutes

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

in a single week.

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

employed for seven consecutive days in a single 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 determined by the department, through

regulation, to be hazardous to minors or injurious to the

health or morals of minors.

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

this act, a minor shall not be employed:

(1)  In any occupation designated as hazardous and

otherwise prohibited under the Fair Labor Standards Act and

regulations under that act.

(2)  In any occupation designated as hazardous and

otherwise prohibited by the secretary in regulations

promulgated under this act.

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

(a)  General limitations.--Except as set forth under

subsection (b) or in section 8, no individual under 14 years of

age may be employed.

(b)  Exceptions.--Irrespective of the limitations set forth

under subsection (a), an individual under 14 years of age may be

employed as follows:

(1)  An individual who is at least 12 years of age may be

employed as a caddy, subject to the following limitations:

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

at a time.

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

golf in a single day.

(2)  An individual who is at least 11 years of age may

engage in the delivery of newspapers as set forth under

section 6(c)(2).

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

(a)  Permitted employment.--

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

employed in occupations not prohibited under section 4(d).

(2)  Irrespective of the limitations under section 4(c)

(2), an individual under 16 years of age may be employed at a

continuing-care retirement community, ski resort, bowling

alley, golf course or amusement park where alcoholic

beverages are served as long as the individual is not

permitted to handle or serve the beverages and is not

employed in a room where the beverages are stored or served.

(3)  An individual under 16 years of age may not be

employed in or permitted to conduct youth peddling.

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

subsection (c) and section 8, the hours of employment for

individuals under 16 years of age shall be limited as follows:

(1)  Subject to regulations under section 12(a)(2), the

minor may not be employed before 7 a.m. or after 7 p.m.,

except that during the school vacation period from June to

Labor Day a minor shall be permitted to be employed until 9

p.m.

(2)  The minor may not be employed for more than three

hours on a school day nor more than eight hours on a day when

there is no school.

(3)  The minor may not be employed for more than 18 hours

during a week when school is in session.

(4)  The minor may not be employed for more than 40 hours

during a week when school is not in session.

(c)  Exceptions.--The following exceptions apply to the

prohibitions of subsection (b):

(1)  Poultry farms.--Individuals 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 in the hatching, raising or

harvesting of poultry as long as the minor is not working in

an agricultural occupation declared hazardous by the United

States Secretary of Labor.

(2)  Newspaper and periodical delivery.--

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

be employed in the delivery and street sale of newspapers

after 5 a.m. and before 8 p.m., or until 9 p.m., as set

forth under subsection (b)(1).

(ii)  This paragraph does not apply to the hauling of

newspapers to drop centers or distribution centers or

other related activities.

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

(a)  Permitted employment.--Individuals who are 16 years of

age or older may be employed in occupations not prohibited under

section 4(d).

(b)  Hours of employment.--

(1)  Except as set forth under paragraphs (2), (3) and

(4), hours of employment shall comply with the Fair Labor

Standards Act.

(2)  When school is in session, an individual who is 16

years of age or older shall be limited as follows:

(i)  The minor may not be employed for more than 28

hours per week during a regular school week.

(ii)  The minor may not be employed for more than

eight hours in a single day.

(iii)  The minor may not be employed for more than

ten hours on each Saturday and Sunday during a school

week.

(3)  When school is not in session, an individual who is

16 years of age or older shall be limited as follows:

(i)  The minor may not be employed for more than ten

hours in a single day.

(ii)  The minor may not be employed more than 48

hours in a single week.

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

limitations set forth under paragraph (2).

(5)  This subsection does not apply to a minor who:

(i)  is a high school graduate; or

(ii)  is exempt from compulsory school attendance

requirements under section 1330(1) of the act of March

10, 1949 (P.L.30, No.14), known as the Public School Code

of 1949.

(c)  Employment in motels, clubs and restaurants in which

liquor is present.--Irrespective of the general limitations set

forth under section 4(c)(2), an individual who is 16 years of

age or older may be employed as follows in a motel, club and

restaurant in which liquor is present:

(1)  The minor may be employed in that part of the

establishment in which alcoholic beverages are not served.

(2)  The minor may be employed to serve food, clear

tables and perform other duties in a licensed establishment

whose sales of food and nonalcoholic beverages are equal to

at least 40% of the combined gross sales of both food and

alcoholic beverages, if duties do not include the dispensing

or serving of alcoholic beverages. Before employing a minor

under this paragraph, an establishment licensed by the

Pennsylvania Liquor Control Board must furnish to the issuing

officer a certification that, for a period of not less than

90 days during the 12 months immediately preceding the date

of application, the establishment met the 40% threshold of

this paragraph in conformity with the regulations of the

board governing the sale of alcoholic beverages on Sunday.

(d)  Employment of minors in religious or scout organization

summer camps or retreats.--An individual who is 16 years of age

or older who is employed during the months of June, July, August

or September by a summer resident camp or a conference or

retreat operated by a religious or scout organization shall

receive 24 consecutive hours of rest during every seven-day

period. This subsection does not apply to a minor employed

primarily for general maintenance work or food service

activities.

Section 8.  Employment of minors as performers in theater or

film productions.

(a)  Authorization.--A minor may be employed in a theatrical

production, a musical recital or concert, an entertainment act,

modeling, radio, television, motion picture making or a similar

form or medium of entertainment if all of the following apply:

(1)  Except as set forth under subsection (b)(4), the

minor has an entertainment permit from the department.

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

safety or well-being.

(3)  The minor does not perform after midnight.

(4)  No alcoholic beverages are sold or dispensed during

the performance.

(5)  The minor does not appear in more than:

(i)  three performances in a single day; or

(ii)  ten performances in a single week.

(6)  For rehearsals for performances, length of time and

hours of starting and finishing rehearsals added to

performance duties are not such as to be injurious or harmful

to the minor.

(b)  Entertainment permits.--

(1)  The department may issue an entertainment permit to

a minor to be employed in a theatrical production, a musical

recital or concert, an entertainment act, modeling, radio,

television, motion picture making or a similar form or medium

of entertainment. The entertainment permit shall ensure

compliance with subsection (a)(2) through (6).

(2)  The department may issue an entertainment permit to

a minor for temporary employment as part of the performing

cast in the production of motion pictures or television

programming as follows:

(i)  The department must determine that adequate

provision has been made for the minor's educational

instruction, supervision, health and welfare.

(ii)  Unless the department determines that more

restrictive conditions are necessary, an entertainment

permit under this paragraph shall authorize a minor to

work as part of the performing cast for no more than 44

hours in a single week nor eight hours in a single day.

Time spent on the set or on location while on call shall

be excluded from any calculation of the maximum number of

hours under this subparagraph 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.

(iii)  The department may waive restrictions

contained in this act and in any other act on the time of

day or night allowed for engaging in the employment

authorized by this paragraph if the department determines

that the waiver:

(A)  is necessary to preserve the artistic

integrity of the motion picture or television

programming; and

(B)  will not impair the educational instruction,

supervision, health or welfare of the minor.

(iv)  An entertainment permit under this paragraph

shall be valid for up to six months.

(v)  An entertainment permit under this paragraph

shall state that the minor for whom the entertainment

permit is issued may not be allowed on a set during nor

otherwise watch the filming or rehearsal for filming of a

sexual act.

(3)  Expected rehearsal time and the hours of starting

and finishing the rehearsal must be set forth in the

application for an entertainment permit. The entertainment

permit issued shall state what rehearsal time is permissible.

(4)  The application must comply with all of the

following:

(i)  Be made on a form 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:

(A)  the minor's educational instruction,

supervision, health and welfare; and

(B)  safeguarding and conservation for the minor

of the money derived from performance.

(5)  No entertainment permit shall be issued for a

performance if there is no adequate provision for the matters

set forth under paragraph (4)(iii).

(6)  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.

(7)  An entertainment permit is not to be required for a

minor who participates in a nonprofit, educational,

theatrical production 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; and

(B)  not during school hours.

(iii)  The minor receives no direct or indirect

remuneration.

(c)  Conflicts.--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).

Section 8.1.  Sports-attendant services.

(a)  General rule.--Section 6(b)(1), (2) and (3) do not apply

to an individual 14 through 15 years of age and section 7(b)(2)

does not apply to an individual 16 through 17 years of age, if

the minor is employed to perform sports-attendant services at

professional sporting events under this section.

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

sports-attendant duties if the minor performs the following

duties at a baseball, basketball, football, soccer, tennis or

similar athletic event:

(1)  Pregame and postgame or practice setup of balls,

items and equipment.

(2)  Supplying and retrieving balls, items and equipment

during a sporting event.

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

during play.

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

play.

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

players before, during and after a sporting event.

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

clubhouse or locker rooms after a sporting event.

Section 9.  Minors serving in volunteer emergency service

organizations.

(a)  General rule.--An individual who is 14 years of age or

older who is a member of a volunteer emergency service

organization may participate in training and emergency service

activities except as follows:

(1)  A minor may not operate a truck, ambulance or other

official fire vehicle.

(2)  A minor may not operate an aerial ladder, aerial

platform or hydraulic jack.

(3)  A minor may not use rubber electrical gloves,

insulated wire gloves, insulated wire cutters, life nets or

acetylene cutting units.

(4)  A minor may not operate the pump of a fire vehicle

while at the scene of a fire.

(5)  A minor may not enter a burning structure.

(6)  A minor may not engage in firefighting activities

unless all of the following apply:

(i)  The minor is 16 years of age or older.

(ii)  The minor has successfully completed a course

of training equal to the standards for basic firefighting

established by the Department of Education and the

Department of Conservation and Natural Resources.

(iii)  The minor is under the direct supervision and

control of the fire chief, an experienced line officer or

a designated forest fire warden.

(b)  Additional limitations for individuals under 16 years of

age.--In addition to the limitations set forth under subsection

(a), the activities of individuals over 13 years of age and

under 16 years of age shall be further limited as follows:

(1)  An individual who is over 13 years of age and under

16 years of age shall only be permitted to perform the

following activities:

(i)  Training.

(ii)  First aid.

(iii)  Cleanup service at the scene of a fire,

outside the structure and after the fire has been

declared by the fire official in charge to be under

control.

(iv)  Assist a coffee wagon and food services.

(2)  An individual who is over 13 years of age and under

16 years of age may not do any of the following:

(i)  Operate high pressure hose lines except during

training activities.

(ii)  Ascend ladders except during training

activities.

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

prohibit through regulation other activities that it deems

hazardous to the health of minors.

(d)  Other provisions.--

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

section does not supersede any other provision of this act or

any 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:

(i)  is 16 years of age or older;

(ii)  is a member of a volunteer fire company; and

(iii)  answers a fire call while lawfully employed.

(3)  An individual who is 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:

(i)  is a member of a volunteer fire company; and

(ii)  has the written consent of a parent or legal

guardian.

Section 10.  Duties of employer.

(a)  Work permits and parental authorization.--

(1)  Unless a minor has the items listed in paragraph

(2), a minor may not be employed or permitted to work:

(i)  in, about or in connection with an

establishment; or

(ii)  in an occupation.

(2)  To be permitted to work under paragraph (1), a minor

must have all of the following:

(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

subject to the provisions of 18 Pa.C.S. § 4904 (relating

to unsworn falsification to authorities).

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

of the following:

(i)  Verify the work permit under paragraph (2)(i).

(ii)  Receive the statement under paragraph (2)(ii).

(4)  An individual who is over 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 shall

detail the normal duties and hours of employment within five

days after the beginning of employment and shall include the age

and 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 no

longer is employed by the employer.

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

conspicuous place in the establishment all of the following:

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

relating to the hours of labor.

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

(3)  A schedule of the hours of labor of the minors

listed in subparagraph (ii). The schedule of hours of labor

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.--

(1)  An employer shall maintain a record of minors at the

work site which contains, for each holder, a copy of the work

permit, the original notarized permission statement required

in subsection (a) and a copy of the letter sent to the

issuing official announcing the employment of the minor.

(2)  An employer shall 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)  An employer shall provide an enforcement officer

with access to records kept under this subsection.

Section 11.  Work permit.

(a)  Form and content.--

(1)  A work permit shall be issued on a wallet-sized form

prescribed by the department. The certificate shall contain

the following information related to the holder:

(i)  Name.

(ii)  Sex.

(iii)  Date and place of birth.

(iv)  Place of residence.

(v)  Color of hair and eyes.

(vi)  Any distinguishing physical characteristics or

physical limitations.

(2)  The work permit shall certify that:

(i)  the holder has personally appeared before the

issuing officer and has been examined;

(ii)  all papers required by law have been examined,

approved and filed; and

(iii)  all conditions and requirements for issuing a

permit have been fulfilled.

(3)  The work permit shall be signed, in the presence of

the issuing officer, by the holder.

(4)  The work permit shall bear a number, the date of

issuance and the signature of the issuing officer.

(b)  Application.--

(1)  Documentation.--

(i)  Except as set forth under subparagraph (ii),

application for a work permit must be verified as

follows:

(A)  The applicant's parent or legal guardian

must sign the application.

(B)  In lieu of a signature under clause (A), the

applicant may execute a statement before a notary

public or other person authorized to administer oaths

attesting to the accuracy of the facts set forth in

the application on a form prescribed by the

department. The statement shall be attached to the

application.

(ii)  Subparagraph (i) does not apply if the

applicant can demonstrate official proof of high school

graduation.

(2)  Examination.--

(i)  Except as set forth under subparagraph (ii), a

work permit shall not be issued until the applicant has

personally appeared before and been examined by the

issuing officer.

(ii)  Subparagraph (i) does not apply if the

applicant can demonstrate official proof of high school

graduation.

(3)  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:

(i)  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 under this

subparagraph:

(A)  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.

(B)  A certified baptismal certificate or

transcript of the record of baptism showing the date

of birth.

(C)  A passport showing the age of immigrant.

(D)  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.

(E)  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 or, if there is

no parent or legal guardian, by the applicant's next

friend 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 clauses (A), (B), (C) and

(D).

(ii)  (Reserved).

(c)  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.

Section 12.  Administration.

(a)  Duties of department.--The department has 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 an

employer that is 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(b)(1). An extension granted under

this procedure shall specify that the extension 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.

(b)  Secretary.--For the enforcement of this act, the

secretary or a designee has investigatory subpoena power and the

duty to issue a subpoena upon application of an attorney of the

Office of General Counsel assigned to the department.

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 distribute to school districts all forms

necessary for the enforcement of this act.

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

administer applications and issuance of work permits pursuant to

section 11 and may initiate enforcement actions under subsection

(e).

(e)  Enforcement.--Enforcement officers may initiate

prosecution for violations of this act.

(f)  Suspected violations of age requirements.--

(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 13.

Section 13.  Penalties.

(a)  Criminal.--

(1)  A person may not do any of the following:

(i)  Intentionally violate this act.

(ii)  Interfere with the functions of an enforcement

officer.

(iii)  Compel or permit a minor to violate this act.

(iv)  Fail, after notice, to provide records under

section 10(d)(3) or 12(b).

(v)  Falsify records under this act.

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

that violates paragraph (1) commits a summary offense and

shall, upon conviction, be sentenced to pay a fine of $500

for each violation.

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

(2), violates paragraph (1) commits a summary offense and

shall, upon conviction, be sentenced to pay a fine of $1,500

for each violation or to imprisonment for not more than ten

days, or both.

(b)  Administrative penalties.--

(1)  Except as set forth under paragraph (2) 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 not impose a penalty under this

subsection on a person if the person 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.

(3)  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 14.  Employment of minors in student-learner and

apprenticeship programs.

A minor may be employed in a work experience and career

exploration program, an apprenticeship program and a school-to-

work program, to the extent permitted by regulations promulgated

under this act and not prohibited by the Fair Labor Standards

Act.

Section 15.  Applicability.

(a)  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.

(b)  Agricultural employment.--Agricultural employment which

is exempt from coverage of the child labor provisions of the

Fair Labor Standards Act shall be exempt from coverage of this

act.

Section 29.  Repeal.

The act of May 13, 1915 (P.L.286, No.177), known as the Child

Labor Law, is repealed.

Section 30.  Effective date.

This act shall take effect in 90 days.