| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 1899, 2087, 2183 | PRINTER'S NO. 3578 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MURT, ADOLPH, AUMENT, BAKER, BARBIN, BARRAR, BEAR, BENNINGHOFF, BLOOM, BOBACK, BOYD, B. BOYLE, K. BOYLE, BRADFORD, BRENNAN, BRIGGS, BROOKS, BROWNLEE, CALTAGIRONE, CARROLL, CAUSER, CHRISTIANA, CLYMER, COHEN, CONKLIN, D. COSTA, P. COSTA, COX, CREIGHTON, CRUZ, CURRY, CUTLER, DAVIS, DAY, DEASY, DELOZIER, DeLUCA, DENLINGER, DePASQUALE, DeWEESE, DiGIROLAMO, DONATUCCI, ELLIS, EMRICK, J. EVANS, EVERETT, FABRIZIO, FARRY, FLECK, FRANKEL, FREEMAN, GALLOWAY, GEIST, GEORGE, GERBER, GERGELY, GIBBONS, GILLESPIE, GINGRICH, GODSHALL, GOODMAN, GROVE, HACKETT, HAHN, HARHART, HARKINS, HARPER, HARRIS, HEFFLEY, HELM, HENNESSEY, HESS, HICKERNELL, HORNAMAN, KAUFFMAN, F. KELLER, M. K. KELLER, W. KELLER, KNOWLES, KORTZ, KOTIK, KRIEGER, LONGIETTI, MAHER, MAHONEY, MAJOR, MANN, MARSHALL, MARSICO, MASSER, MATZIE, McGEEHAN, METZGAR, MICCARELLI, MILLARD, MILLER, MILNE, MOUL, MURPHY, MUSTIO, MYERS, OBERLANDER, D. O'BRIEN, M. O'BRIEN, PARKER, PASHINSKI, PAYNE, PAYTON, PEIFER, PERRY, PETRARCA, PETRI, PICKETT, PYLE, QUIGLEY, QUINN, RAVENSTAHL, READSHAW, REED, REESE, ROCK, ROEBUCK, ROSS, SABATINA, SACCONE, SAINATO, SAMUELSON, SANTARSIERO, SANTONI, SAYLOR, SCAVELLO, SHAPIRO, K. SMITH, M. SMITH, STABACK, STEPHENS, STERN, STEVENSON, SWANGER, TALLMAN, TAYLOR, TOBASH, TOEPEL, TOOHIL, TRUITT, TURZAI, VEREB, VITALI, VULAKOVICH, WATERS, WATSON, YOUNGBLOOD, SONNEY, WHITE, CULVER, GILLEN, KAMPF, KULA, SCHRODER, O'NEILL, KIRKLAND, LAWRENCE, DELISSIO, PRESTON, BUXTON, GRELL, BISHOP AND DAVIDSON, MAY 18, 2011 |
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| SENATOR GORDNER, LABOR AND INDUSTRY, IN SENATE, AS AMENDED, MAY 22, 2012 |
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| AN ACT |
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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 |
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1 | permits for certain minors, and prescribing the kinds |
2 | thereof, and the rules for the issuance, reissuance, filing, |
3 | return, and recording of the same; by providing that the |
4 | Industrial Board shall, under certain conditions, determine |
5 | and declare whether certain occupations are within the |
6 | prohibitions of this act; requiring certain abstracts and |
7 | notices to be posted; providing for the enforcement of this |
8 | act by the Secretary of Labor and Industry, the |
9 | representative of school districts, and police officers; and |
10 | defining the procedure in prosecutions thereunder, and |
11 | establishing certain presumptions in relation thereto; |
12 | providing for the issuance of special permits for minors |
13 | engaging in the entertainment and related fields; providing |
14 | penalties for the violation of the provisions thereof; and |
15 | repealing all acts or parts of acts inconsistent therewith," |
16 | further providing for definitions, for regulated employment, |
17 | for employment of children at establishments where alcoholic |
18 | beverages or malt liquor is sold and for permits; imposing |
19 | duties on the department; further providing for educational |
20 | requirements and for prohibitions regarding work hours; |
21 | providing for transfers to minor child performer trust |
22 | accounts and for revocation of permit; and further providing |
23 | for employment certificate. |
24 | Regulating child labor; conferring powers and duties on the | <-- |
25 | Department of Labor and Industry and the Department of |
26 | Education; imposing penalties; and making a repeal. |
27 | TABLE OF CONTENTS |
28 | Section 1. Short title. |
29 | Section 2. Definitions. |
30 | Section 3. Time limitations on employment of minors. |
31 | Section 4. Occupations and establishments. |
32 | Section 5. Employment of minors in a performance. |
33 | Section 6. Sports-attendant services. |
34 | Section 7. Minors serving in volunteer emergency service |
35 | organizations. |
36 | Section 8. Duties of employer. |
37 | Section 9. Work permit. |
38 | Section 10. Administration. |
39 | Section 11. Penalties. |
40 | Section 12. Employment of minors in student-learner and |
41 | apprenticeship programs. |
42 | Section 13. Exclusions. |
43 | Section 14. Newspaper delivery. |
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1 | Section 29. Repeal. |
2 | Section 30. Effective date. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Section 1 of the act of May 13, 1915 (P.L.286, | <-- |
6 | No.177), known as the Child Labor Law, is amended by adding |
7 | definitions to read: |
8 | Section 1. * * * |
9 | The term "department" when used in this act, shall mean the |
10 | Department of Labor and Industry of the Commonwealth. |
11 | The term "documentary program" when used in this act, shall |
12 | mean a genre of motion picture program, including programming |
13 | for television, that depicts or portrays a nonfiction story and |
14 | may present an opinion or a specific message along with factual |
15 | material. |
16 | The term "minor" when used in sections 7.1 and 7.5 of this |
17 | act shall mean a person under the age of 18 who is required to |
18 | attend school under the act of March 10, 1949 (P.L.30, No.14), |
19 | known as the "Public School Code of 1949," or the education code |
20 | of the person's state of residence. |
21 | The term "reality program" when used in this act, shall mean |
22 | a genre of program that principally presents unscripted |
23 | situations, dialogue and actions depicting or portraying actual |
24 | events and generally features ordinary people and not |
25 | professional actors. |
26 | Section 2. Section 4 of the act, amended December 9, 2002 |
27 | (P.L.1347, No.161), is amended to read: |
28 | Section 4. [No] Except as provided in this section and |
29 | sections 7.1 and 7.5, no minor under eighteen years of age shall |
30 | be employed or permitted to work in, about, or in connection |
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1 | with any establishment, or in any occupation, for more than six |
2 | consecutive days in any one week, or more than forty-four hours |
3 | in any one week, or more than eight hours in any one day: |
4 | Provided, That messengers employed by telegraph companies at |
5 | offices where only one such minor is employed as a messenger in |
6 | which case such minor shall not be employed for more than six |
7 | consecutive days in any one week, or more than fifty-one hours |
8 | in any one week, or more than nine hours in any one day: And |
9 | provided further, That no minor under eighteen years of age, who |
10 | is enrolled in regular day school and working outside school |
11 | hours, shall be employed or permitted to work for more than |
12 | twenty-eight hours during a school week. |
13 | [No] Except as provided in this section and sections 7.1 and |
14 | 7.5, no minor under sixteen years of age shall be employed or |
15 | permitted to work in, about, or in connection with, any |
16 | establishment or in any occupation before seven o'clock in the |
17 | morning or after seven o'clock in the evening of any day except |
18 | during school vacation period from June to Labor Day when such |
19 | minor may work between the hours of seven o'clock in the morning |
20 | and ten o'clock in the evening nor shall such a minor who is |
21 | enrolled in school and working outside school hours be employed |
22 | or permitted to work in, about, or in connection with, any |
23 | establishment or in any occupation more than four hours on a |
24 | school day, or more than eight hours on any other day, or more |
25 | than eighteen hours during a school week: Provided, That, |
26 | students fourteen years of age and over whose employment is part |
27 | of a recognized school-work program, supervised by a recognized |
28 | school authority, may be employed for hours which, combined with |
29 | the hours spent in school, do not exceed eight a day: And |
30 | further provided, That a minor under sixteen years of age |
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1 | employed on a farm by a person other than the farmer in the |
2 | hatching, raising or harvesting of poultry may be employed or |
3 | permitted to work until 10 o'clock in the evening as long as the |
4 | minor is not working in an agricultural occupation declared |
5 | hazardous by the United States Secretary of Labor. |
6 | [No] Except as provided in this section and sections 7.1 and |
7 | 7.5, no minor under eighteen years of age shall be employed or |
8 | permitted to work for more than five hours continuously in, |
9 | about, or in connection with, any establishment without an |
10 | interval of at least thirty minutes for a lunch period and no |
11 | period of less than thirty minutes shall be deemed to interrupt |
12 | a continuous period of work. |
13 | [No] Except as provided in this section and sections 7.1 and |
14 | 7.5, no minor under eighteen years of age shall be employed or |
15 | permitted to work in, about, or in connection with, any |
16 | establishment between the hours of twelve in the evening and six |
17 | in the morning if such minor is enrolled in regular day school: |
18 | Provided, That, minors sixteen and seventeen years of age may be |
19 | employed until, but not after, one o'clock in the morning on |
20 | Fridays and Saturdays, and on days preceding a school vacation |
21 | occurring during the school year, excepting the last day of such |
22 | vacation period. |
23 | Notwithstanding any other provision of this section, a minor |
24 | who is sixteen or seventeen years of age who is employed during |
25 | the months of June, July, August or September by a summer |
26 | resident camp or a conference or retreat operated by a religious |
27 | or scout organization shall receive one day of rest (twenty-four |
28 | consecutive hours of rest) during every seven-day period: |
29 | Provided, That this paragraph shall not apply to a minor |
30 | employed primarily for general maintenance work or food service |
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1 | activities. |
2 | Section 3. Section 5 of the act, amended December 15, 1999 |
3 | (P.L.946, No.67), is amended to read: |
4 | Section 5. No minor under sixteen years of age shall be |
5 | employed or permitted to work in, about, or in connection with, |
6 | any manufacturing or mechanical occupation or process; nor on |
7 | scaffolding; nor in heavy work in the building trades; nor in |
8 | stripping or assorting tobacco; nor in any tunnel; nor upon any |
9 | railroad, steam, electric or otherwise; nor upon any boat |
10 | engaged in the transportation of passengers or merchandise; nor |
11 | in operating motor-vehicles of any description; nor in any |
12 | anthracite or bituminous coal-mine, or in any other mine. |
13 | No minor under eighteen years of age shall be employed or |
14 | permitted to work in the operation or management of hoisting |
15 | machines, in oiling or cleaning machinery, in motion; at switch- |
16 | tending, at gate-tending, at track-repairing; as a brakeman, |
17 | fireman, engineer, or motorman or conductor, upon a railroad or |
18 | railway; as a pilot, fireman, or engineer upon any boat or |
19 | vessel; in the manufacture of paints, colors or white lead in |
20 | any capacity; in preparing compositions in which dangerous leads |
21 | or acids are used; in the manufacture or use of dangerous or |
22 | poisonous dyes; in any dangerous occupation in or about any |
23 | mine; nor in or about any establishment wherein gunpowder, |
24 | nitroglycerine, dynamite, or other high or dangerous explosive |
25 | is manufactured or compounded: Provided, That minors age |
26 | fourteen and over may operate power lawn mowing equipment: And |
27 | provided further, That such minors may be employed in bowling |
28 | centers as snack bar attendants, porters, control desk clerks |
29 | and scorer attendants: And provided further, That such minors |
30 | may work where such chemicals, compounds, dyes and acids are |
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1 | utilized in the course of experiments and testing procedures, in |
2 | such circumstances and under such conditions and safeguards as |
3 | may be specified by rule or regulation of the Department of |
4 | Labor and Industry. |
5 | No minor under eighteen years of age shall be employed or |
6 | permitted to work in, about, or in connection with, any |
7 | establishment where alcoholic liquors are distilled, rectified, |
8 | compounded, brewed, manufactured, bottled, sold, or dispensed; |
9 | nor in a pool or billiard room: Provided, That male or female |
10 | minors sixteen years of age and over may be employed and |
11 | permitted to work that part of a motel, restaurant, club or |
12 | hotel in which liquor or malt or brewed beverages are not |
13 | served: And, provided further, That minors sixteen years of age |
14 | and over may be employed to serve food, clear tables and perform |
15 | other duties, not to include the dispensing or serving of |
16 | alcoholic beverages, in any licensed establishment whose sales |
17 | of food and nonalcoholic beverages are equal to forty per cent |
18 | or more of the combined gross sales of both food and alcoholic |
19 | beverages. Before employing any minor sixteen years of age and |
20 | over, any establishment licensed by the Liquor Control Board |
21 | shall furnish to the school district official authorized to |
22 | issue employment certificates a certification that, for a period |
23 | of not less than ninety consecutive days during the twelve |
24 | months immediately preceding the date of application, the sales |
25 | of food and nonalcoholic beverages by the employer at the |
26 | licensed premises were equal to or exceeded forty per cent of |
27 | the combined gross sales of food, nonalcoholic and alcoholic |
28 | beverages in conformity with the requirements set forth in |
29 | Regulation 141 of the Liquor Control Board governing the sale of |
30 | alcoholic beverages on Sunday. Nothing in this section shall |
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1 | prevent the filming of a minor in a hotel, club, restaurant or |
2 | other dining or recreational facility as a part of a performance |
3 | in accordance with the provisions of section 7.1 or 7.5. |
4 | Nothing in this section should be construed as prohibiting |
5 | minors fourteen and fifteen years of age to be employed at ski |
6 | resorts, golf courses and amusement parks, or other similar |
7 | recreational establishments as long as they are not permitted to |
8 | serve or handle alcoholic beverages and as long as they do not |
9 | work in [any room] an area in which alcohol is being served or |
10 | stored. |
11 | No minor shall be employed or permitted to serve or handle |
12 | alcoholic liquor in any establishment where alcoholic liquors |
13 | are sold or dispensed; nor be employed or permitted to work in |
14 | violation of the laws relating to the operation of motor |
15 | vehicles by minors. |
16 | In addition to the foregoing, it shall be unlawful for any |
17 | minor under eighteen years of age to be employed or permitted to |
18 | work in any occupation dangerous to the life or limb, or |
19 | injurious to the health or morals, of the said minor, as such |
20 | occupations shall, from time to time, after public hearing |
21 | thereon, be determined and declared by the Industrial Board of |
22 | the Department of Labor and Industry: Provided, That if it |
23 | should be hereafter held by the courts of this Commonwealth that |
24 | the power herein sought to be granted to the said board is for |
25 | any reason invalid, such holding shall not be taken in any case |
26 | to affect or impair the remaining provisions of this section. |
27 | Section 4. Section 7.1 of the act, amended or added August |
28 | 23, 1961 (P.L.1107, No.494), December 21, 1988 (P.L.1908, |
29 | No.192) and December 21, 1998 (P.L.1242, No.158), is amended to |
30 | read: |
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1 | Section 7.1. [(a) The Department of Labor and Industry is |
2 | hereby authorized to issue special permits for the employment of |
3 | minors seven and under eighteen years of age in theatrical |
4 | productions, musical recitals or concerts, entertainment acts, |
5 | modeling, radio, television, motion picture making, or in other |
6 | similar forms or media of entertainment in Pennsylvania where |
7 | the performance of such minor is not hazardous to his safety or |
8 | well-being, except as follows: |
9 | (1) No such minor shall be permitted to perform after the |
10 | hour of eleven-thirty in the evening. |
11 | (2) No such minor shall be permitted to perform in any place |
12 | or establishment where alcoholic beverages are sold or |
13 | dispensed. |
14 | (3) No such minor shall be permitted to perform in a boxing, |
15 | sparring or wrestling match or exhibition or in an acrobatic or |
16 | other act, performance or exhibition hazardous to his safety or |
17 | well-being. |
18 | (4) No such minor shall appear in more than two performances |
19 | in any one day nor in more than eight performances in any one |
20 | week. |
21 | (a.1) In addition to any permit authorized by subsection |
22 | (a), the department shall be authorized to issue special permits |
23 | for the temporary employment of minors as part of the performing |
24 | cast in the production of a motion picture, if the department |
25 | determines that adequate provision has been made for the |
26 | educational instruction, supervision, health and welfare of the |
27 | minor. Unless the department determines that more restrictive |
28 | conditions are necessary, special permits authorized by this |
29 | subsection shall authorize minors to work as part of the |
30 | performing cast for forty-four hours in any one week and eight |
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1 | hours in any one day. Time spent on the set or on location while |
2 | on call shall be excluded from any calculation of the maximum |
3 | number of hours authorized by this subsection if the department |
4 | determines that adequate provision has been made for the child's |
5 | education, supervision and welfare during such intervals. The |
6 | department may restrict the number of hours which may be spent |
7 | on call by the minor. The department may waive, in whole or in |
8 | part, restrictions contained in this act and in any other act, |
9 | on the time of day or night allowed for engaging in the |
10 | employment authorized by this subsection, if the department |
11 | determines that such waiver is necessary to preserve the |
12 | artistic integrity of the motion picture and further determines |
13 | that such waiver will not impair the educational instruction, |
14 | supervision, health and welfare of the minor. Special permits |
15 | authorized by this subsection shall be valid for a period of |
16 | time not to exceed six months. An issued permit shall state that |
17 | no minor, allowed under the permit to be temporarily employed, |
18 | may be allowed on a set during, or may otherwise watch, the |
19 | filming or rehearsal for filming of any sexual act. Nothing in |
20 | this section shall be construed to supersede or repeal in part |
21 | 18 Pa.C.S. § 5903 (relating to obscene and other sexual |
22 | materials) or 6312 (relating to sexual abuse of children). |
23 | (a.2) A special permit shall not be required under this |
24 | section for a minor who participates in a nonprofit, |
25 | educational, theatrical production if there is informed, written |
26 | consent of a parent or guardian; if the participation is for a |
27 | period of no more than fourteen consecutive days; if the |
28 | participation is not during school hours; and if the minor |
29 | receives no direct or indirect remuneration. All other existing |
30 | limitations of this section shall remain applicable. |
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1 | (b) Rehearsals for performances as set forth in this section |
2 | shall be permitted, providing the length of time and hours of |
3 | starting and finishing such rehearsals added to performance |
4 | duties are not such as to be injurious or harmful to the minor. |
5 | Rehearsal time, if any, expected and the hours of starting and |
6 | finishing same shall be set forth in the application as provided |
7 | in this section, and the special permit issued shall state what |
8 | rehearsal time is permissible. |
9 | (c) Nothing in this section shall be deemed to supersede or |
10 | repeal any provisions of this act unless and until such special |
11 | permit is issued for any such performance or series of |
12 | performances. |
13 | (d) Application forms shall be in such form as shall be |
14 | provided by the Department of Labor and Industry. Such forms |
15 | shall be signed by both the employer of the minor and the parent |
16 | or guardian of the minor, and shall contain the seal of a notary |
17 | public and a statement that the facts as set forth in the |
18 | application are true and correct. The application shall state |
19 | what provisions are in effect to provide for the minor's |
20 | educational instruction, supervision, health and welfare and the |
21 | safeguarding and conservation for the minor of the moneys |
22 | derived from such performances. No special permit shall be |
23 | issued for any performance where there is no adequate provision |
24 | for such educational instruction, supervision, health and |
25 | welfare and the safeguarding and conservation for the minor of |
26 | the moneys derived from such performances. |
27 | (e) Appeals of any decision under this section made by the |
28 | Department of Labor and Industry shall be to the Industrial |
29 | Board which will hold a hearing on same.] |
30 | (a) The Department of Labor and Industry is hereby |
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1 | authorized to issue a special work permit to a minor who renders |
2 | artistic or creative services in theater, radio, television, |
3 | movies, the Internet, publications or a medium that may be |
4 | transmitted to an audience and the minor receives remuneration |
5 | for the performance. |
6 | (b) A minor may engage in a performance if the following |
7 | requirements are satisfied: |
8 | (1) The minor has a valid permit issued by the department. |
9 | (2) The performance is not hazardous to the health and |
10 | safety of the minor. |
11 | (3) The minor's performance is limited to hours specified in |
12 | subsection (e) and those established in regulations promulgated |
13 | by the department. |
14 | (4) The performance would not constitute a violation of 18 |
15 | Pa.C.S. § 5903 (relating to obscene and other sexual materials |
16 | and performances) or 6312 (relating to sexual abuse of |
17 | children). |
18 | (5) A minor who is under sixteen years of age must be |
19 | accompanied by a parent or guardian who must be within sight or |
20 | sound of the minor at all times. |
21 | (c) The department shall issue a permit, valid for six |
22 | months from its issuance, upon presentment of the following |
23 | information in an application prescribed by the department: |
24 | (1) If a minor is subject to compulsory education |
25 | requirements, a letter or other document from the minor's school |
26 | or school district indicating that the minor is a pupil in good |
27 | standing. If the application is made while school is not in |
28 | session, the minor must present his or her most recent report |
29 | card. |
30 | (2) Verification of the minor's age. |
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1 | (3) Permission of a parent or guardian; signature on the |
2 | application shall indicate the parent's or guardian's |
3 | permission. |
4 | (d) An employer who employs one or more minors in a |
5 | performance must possess a permit to employ minors issued by the |
6 | department. The department shall issue a permit to employ minors |
7 | upon the employer's providing to the department proof of |
8 | workers' compensation coverage, if required. The permit to |
9 | employ minors shall be valid for three years. The employer shall |
10 | be required to pay a fee set by the department, but not to |
11 | exceed three hundred fifty ($350.00) dollars for initial |
12 | registration and two hundred ($200.00) dollars for subsequent |
13 | registration. |
14 | (e) (1) A minor is prohibited from working more than eight |
15 | hours in any workday or more than forty-eight hours in one week. |
16 | A minor may not work past ten o'clock on the night before a |
17 | school day or past twelve-thirty in the morning on other nights, |
18 | and a minor may not work before five o'clock in the morning. |
19 | (2) The department may waive or modify the restrictions |
20 | contained in this subsection if the department reasonably |
21 | determines: the parent or guardian approves of the waiver, the |
22 | waiver will not impair the educational instruction of the minor; |
23 | and the waiver will not compromise the health or safety of the |
24 | minor. |
25 | (3) No infant under the age of one month may be employed in |
26 | a performance unless a licensed physician provides written |
27 | certification that the infant is at least fifteen days old and, |
28 | in his medical opinion: |
29 | (i) The infant was carried to full term. |
30 | (ii) The infant was of normal birth weight. |
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1 | (iii) The infant is physically capable of handling the |
2 | requirements of the performance. |
3 | (iv) The infant's lungs, eyes, heart and immune system are |
4 | sufficiently developed to withstand any potential risks. |
5 | (4) The department may promulgate further regulations |
6 | governing the working hours for minors under this subsection. |
7 | (f) (1) A minor performer shall fulfill educational |
8 | requirements as set forth in the act of March 10, 1949 (P.L.30, |
9 | No.14), known as the "Public School Code of 1949," or the |
10 | requirements of the state in which the minor performer resides. |
11 | A minor who has not completed such requirements shall be subject |
12 | to paragraph (2). |
13 | (2) An employer employing, either directly or indirectly |
14 | through a third person, a minor for three or more school days in |
15 | a thirty day period shall provide a teacher who has credentials |
16 | issued by the Department of Education, a state recognized by the |
17 | Department of Education, or a state in which the minor resides. |
18 | This requirement shall apply beginning on the second day that |
19 | the minor renders services for that employer and shall continue |
20 | on each day thereafter that the school of the minor's place of |
21 | residence is in session and the minor is rendering services. A |
22 | minor receiving instruction from a teacher provided pursuant to |
23 | this provision shall not be declared absent from school while |
24 | working under the permit requirement in accordance with this |
25 | section. The requirements of this section shall only be |
26 | applicable when school is in session and the minor is not |
27 | receiving educational instruction at his regular school due to |
28 | his employment schedule. |
29 | (3) A minor receiving educational instruction under this |
30 | section, and such minor's parent or guardian, shall work with |
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1 | the teacher provided to the minor and the minor's school of |
2 | enrollment to fulfill the educational requirements. |
3 | (4) If there is a hiatus in a production that employs a |
4 | minor under this section, a teacher shall be provided to the |
5 | minor during the hiatus for periods when school is in session, |
6 | pursuant to the requirements described in the section, unless |
7 | the minor is able to attend his regular school. |
8 | (5) Where this section requires that an employer provide a |
9 | teacher to a minor, the employer shall provide a ratio of at |
10 | least one teacher for every ten minors unless the minors are |
11 | within two grade levels, in which case the employer shall |
12 | provide a ratio of at least one teacher for every twenty minors. |
13 | (6) School districts shall have the authority, in |
14 | cooperation with the Department of Education and the parent or |
15 | guardian of the minor, to develop alternative methods by which |
16 | minors may satisfy their educational requirements at times |
17 | outside the normal school day. Alternative methods under this |
18 | paragraph shall be no more restrictive than those set forth in |
19 | this section. |
20 | (g) (1) (i) Within thirty days following the final day of |
21 | employment, except when the period of employment is longer than |
22 | thirty days, a minor's employer is required to transfer fifteen |
23 | percent of gross earnings to the custodian or trustee of the |
24 | minor's trust account established under 20 Pa.C.S. Ch. 53 |
25 | (relating to Pennsylvania Uniform Transfers to Minors Act) or an |
26 | account previously established under a similar law in another |
27 | state. When the employment is longer than thirty days, the |
28 | employer shall make the required transfer every payroll period. |
29 | (ii) If the minor's employer has not been notified within |
30 | fifteen days of commencement of employment of the existence of a |
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1 | trust account established under 20 Pa.C.S. Ch. 53, or no such |
2 | account has been established by the minor's parent or guardian, |
3 | then the minor's employer shall transfer such monies together |
4 | with the minor's name and last known address to the State |
5 | Treasurer for placement into an account for the benefit of the |
6 | minor. |
7 | (iii) Once the transfers have been made to the trust account |
8 | established under 20 Pa.C.S. Ch. 53 or the treasurer's account, |
9 | the minor's employer has no further duty under this subsection. |
10 | (iv) The employer's obligations under this subsection shall |
11 | terminate when the minor reaches eighteen years of age. |
12 | (2) (i) Within fifteen days of the commencement of |
13 | employment, the minor's parent or guardian must establish a |
14 | trust account in accordance with 20 Pa.C.S. Ch. 53, unless an |
15 | account has previously been established in this Commonwealth or |
16 | under a similar law in another state. Once the trust account has |
17 | been established, the minor's parent or guardian shall notify |
18 | the minor's employer of the existence of the account and any |
19 | additional information required by the employer to comply with |
20 | this subsection. |
21 | (ii) The trustee of the account shall promptly notify the |
22 | minor's employer of a change in facts that affects the |
23 | employer's obligation to set aside funds under this subsection. |
24 | (iii) Upon written request of the minor's parent or |
25 | guardian, the trustee may require the minor's employer to |
26 | transfer more than fifteen percent of the gross earnings to the |
27 | child performer's trust account. |
28 | (iv) The minor's parent or guardian may serve as trustee of |
29 | the child performer trust account. |
30 | (v) Once the minor's trust account balance reaches one |
|
1 | hundred-fifty thousand ($150,000.00) dollars or more, a trust |
2 | company shall be appointed by the minor's parent or guardian to |
3 | serve as trustee of the account. |
4 | (3) The minor may terminate the child performer trust |
5 | account upon reaching the age of eighteen. |
6 | (h) Nothing in this section shall be construed to require a |
7 | permit for a minor's participation in a church, school, |
8 | community or charitable activity, for which the minor receives |
9 | no compensation or remuneration. |
10 | Section 5. The act is amended by adding sections to read: |
11 | Section 7.5. (a) A minor may participate in a reality or |
12 | documentary program if the following conditions are met: |
13 | (1) Participation in the reality or documentary program is |
14 | not hazardous to the health and safety of the minor. |
15 | (2) Participation would not constitute a violation of 18 |
16 | Pa.C.S. § 5903 (relating to obscene and other sexual materials |
17 | and performances) or 6312 (relating to sexual abuse of |
18 | children). |
19 | (b) Where a minor or one or more members of the minor's |
20 | family receive compensation that expressly depends upon the |
21 | minor's participation in a reality or documentary program and |
22 | the minor's participation is substantial, the minor shall have a |
23 | valid permit issued by the Department of Labor and Industry. For |
24 | the purposes of this subsection, the following terms shall have |
25 | the following meanings: |
26 | (1) "Family" shall mean members of a minor's immediate |
27 | family, including the minor's mother, father, brother or sister. |
28 | (2) "Compensation" shall include one or more monetary |
29 | payments, but shall not include reimbursement for expenses |
30 | incurred by the minor or the minor's family, any prize or goods |
|
1 | or services received in connection with the program with a value |
2 | less than $2,500. |
3 | (3) "Substantial" shall mean the minor is a principal |
4 | subject of the reality or documentary program or the minor |
5 | participates in the filming of the reality or documentary |
6 | program for ten (10) or more days in a thirty (30) day period. |
7 | (c) The department shall issue a permit under the following |
8 | conditions: |
9 | (1) The department determines that adequate provision has |
10 | been made for the minor's educational instruction, supervision, |
11 | health and safety. |
12 | (2) The minor may not work past ten o'clock on the night |
13 | before a school day or past twelve-thirty in the morning on |
14 | other nights, and a minor may not work before five o'clock in |
15 | the morning. |
16 | (3) The minor's participation does not exceed eight hours in |
17 | a day or forty-eight hours in a week. |
18 | (4) The department may waive or modify the restrictions |
19 | contained in this section if the department reasonably |
20 | determines: |
21 | (i) The waiver is necessary in light of the nature of the |
22 | program. |
23 | (ii) The parent or guardian approves the waiver. |
24 | (iii) The waiver will not impair the educational instruction |
25 | of the minor. |
26 | (iv) The waiver will not compromise the health or safety of |
27 | the minor. |
28 | (5) The application for a minor's work permit must comply |
29 | with the following: |
30 | (i) Be made on a form issued by the department and signed by |
|
1 | the person or entity responsible for filming and the parent or |
2 | guardian. |
3 | (ii) State the legal name, address and date of birth of the |
4 | minor. |
5 | (iii) State the name and type of production and the nature |
6 | of the minor's participation. |
7 | (iv) State the name and address of the parent or guardian |
8 | who will supervise the minor's participation in the reality or |
9 | documentary program. |
10 | (v) State the dates of the minor's expected participation, |
11 | hours of the minor's participation and length of time the minor |
12 | will participate. |
13 | (vi) State the name and contact information of the person or |
14 | entity responsible for filming. |
15 | (vii) Contain proof of workers' compensation insurance by |
16 | the person or entity responsible for filming in accordance with |
17 | the act of June 2, 1915 (P.L.736, No.338), known as the Workers' |
18 | Compensation Act, if required. |
19 | (viii) Contain a description of the compensation for the |
20 | minor's participation. |
21 | (ix) If applicable, satisfy the requirements of section 7.1 |
22 | regarding the preservation of the minor's earnings. |
23 | (x) Where participation in the reality or documentary |
24 | program necessitates the minor's absence from his regular |
25 | school, satisfy the education and schooling requirements of |
26 | section 7.1. |
27 | (d) (Reserved). |
28 | (e) A permit is valid for the duration of the minor's |
29 | participation in the reality or documentary program for which it |
30 | is issued. The department may, on a semi-annual basis, review a |
|
1 | reality or documentary program and the participation of the |
2 | minor to ensure: |
3 | (1) The minor's health and safety is protected. |
4 | (2) The educational instruction of the minor is not |
5 | impaired. |
6 | (3) The minor's earnings, if any, are properly preserved in |
7 | a trust in accordance with section 7.1(g). |
8 | (f) The permit requirements of this section shall not apply |
9 | to news gathering activities or game shows. |
10 | (g) Nothing in this section shall be construed to require a |
11 | permit for a minor's participation in a church, school, |
12 | community or charitable activity, for which the minor receives |
13 | no compensation or remuneration. |
14 | Section 7.6. (a) The department may revoke a special permit |
15 | if: |
16 | (1) there has been a violation of this act related to the |
17 | employment of the minor in the performance; |
18 | (2) the permit application contained false, misleading and |
19 | substantially incorrect information or the applicant or minor is |
20 | no longer performing in accordance with the information provided |
21 | on the application; |
22 | (3) a condition of issuance of the permit is not being met; |
23 | or |
24 | (4) there is danger to the minor's health, safety or |
25 | welfare. |
26 | (b) The department may revoke a special permit under this |
27 | section without a hearing. Revocation may be appealed to the |
28 | Secretary of Labor and Industry, who shall conduct a hearing |
29 | subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and |
30 | procedure of Commonwealth agencies) and 7 Subch. A (relating to |
|
1 | judicial review of Commonwealth agency action). The revocation |
2 | may remain in effect until the Secretary of Labor and Industry |
3 | issues a decision. |
4 | Section 6. Sections 8 and 10 of the act, amended December |
5 | 21, 1988 (P.L.1908, No.192), are amended to read: |
6 | Section 8. (a) [Before] Except as provided for in sections |
7 | 7.1 and 7.5, before any minor under eighteen years of age shall |
8 | be employed, permitted or suffered to work in, about, or in |
9 | connection with, any establishment, or in any occupation, the |
10 | person employing such minor shall procure and keep on file, and |
11 | accessible to any attendance officer, deputy factory inspector, |
12 | or other authorized inspector or officer charged with the |
13 | enforcement of this act, an employment certificate as |
14 | hereinafter provided, issued for said minor. |
15 | (b) Any minor who has reached the age of sixteen may receive |
16 | a transferable work permit instead of an employment certificate |
17 | from the appropriate issuing official. All transferable work |
18 | permits shall be valid for the entire period the minor is |
19 | eligible for work and is under the age of eighteen. The employer |
20 | shall ensure that the minors have valid transferable work |
21 | permits in accordance with sections 17 and 17.1. |
22 | Section 10. [Application] Except as provided for in sections |
23 | 7.1 and 7.5, application for the employment certificate must be |
24 | made by the parent, guardian, or legal custodian of the minor |
25 | for whom such employment certificate or transferable work permit |
26 | is requested; or, if said minor have no parent, guardian, or |
27 | legal custodian, then by the next friend, who must be over |
28 | eighteen years of age. In lieu of the personal appearance of the |
29 | parent, guardian, legal custodian, or next friend of the minor, |
30 | such person may execute a statement before a notary public or |
|
1 | other person authorized to administer oaths attesting to the |
2 | accuracy of the facts set forth in the application on a form |
3 | prescribed by the Department of Education, which statement shall |
4 | be attached to the application. No employment certificate shall |
5 | be issued until the said minor has personally appeared before, |
6 | and been examined by, the officer issuing the certificate, |
7 | except that where the applicant is a graduate of an accredited |
8 | high school and exhibits official proof of such graduation, no |
9 | personal appearance or countersigned application shall be |
10 | required. |
11 | Section 7. This act shall take effect October 1, 2011. |
12 | Section 1. Short title. | <-- |
13 | This act shall be known and may be cited as the Child Labor |
14 | Act. |
15 | Section 2. Definitions. |
16 | The following words and phrases when used in this act shall |
17 | have the meanings given to them in this section unless the |
18 | context clearly indicates otherwise: |
19 | "Department." The Department of Labor and Industry of the |
20 | Commonwealth. |
21 | "Documentary program." A genre of motion picture program, |
22 | including programming for television, that depicts or portrays a |
23 | nonfiction story and may present an opinion or a specific |
24 | message along with factual material. |
25 | "Employ." To hire, permit or allow a minor to work for |
26 | compensation to the minor or any other person. |
27 | "Employer." A person that employs a minor. |
28 | "Enforcement officer." Any of the following: |
29 | (1) The Secretary of Labor and Industry, a designee who |
30 | is an employee of the Department of Labor and Industry or an |
|
1 | attorney of the Office of General Counsel who is assigned to |
2 | the department. |
3 | (2) A chief school administrator. |
4 | (3) A home and school visitor. |
5 | (4) An attendance officer appointed under sections 1341 |
6 | and 1342 of the act of March 10, 1949 (P.L.30, No.14), known |
7 | as the Public School Code of 1949. |
8 | (5) An issuing officer. |
9 | (6) A law enforcement officer. |
10 | "Establishment." A place within this Commonwealth where work |
11 | is done for compensation of any kind. |
12 | "Fair Labor Standards Act." The Fair Labor Standards Act of |
13 | 1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.). |
14 | "Hours of employment." Hours outside school hours |
15 | established by the appropriate school district, except that the |
16 | provisions of section 5 shall apply to a minor engaged in a |
17 | performance. |
18 | "Issuing officer." One of the following: |
19 | (1) A district superintendent or supervising principal |
20 | of a public school district or, if a public school district |
21 | does not have a district superintendent or supervising |
22 | principal, the secretary of the board of school directors of |
23 | the district. |
24 | (2) An individual authorized in writing by the |
25 | appropriate individual under paragraph (1) to issue a |
26 | certificate or permit. |
27 | "Minor." An individual under 18 years of age. |
28 | "Perform" or "performance." The providing of artistic or |
29 | creative services to a live audience or recorded for exhibition |
30 | or broadcast to an audience. This term shall include modeling. |
|
1 | "Person." The Commonwealth, any political subdivision, |
2 | instrumentality or authority of a political subdivision, an |
3 | individual, a partnership, a corporation, a nonprofit |
4 | corporation or an unincorporated association. |
5 | "Reality program." A genre of program that principally |
6 | presents actual events and generally features ordinary people |
7 | and not professional actors. |
8 | "Regular school week." The five days beginning with Monday |
9 | through Friday when school is in session. |
10 | "School vacation." The period of time a minor is not |
11 | required to be in school as established by the school district |
12 | where the minor resides. The term does not include Saturdays and |
13 | Sundays, except where one or more vacation days precede or |
14 | follow Saturday or Sunday. |
15 | "Secretary." The Secretary of Labor and Industry of the |
16 | Commonwealth or the secretary's designee. |
17 | "Volunteer emergency service organization." A volunteer fire |
18 | company, volunteer ambulance organization, volunteer rescue |
19 | organization, a volunteer forest firefighting organization or a |
20 | volunteer organization of emergency service personnel who are |
21 | expected to respond to medical emergencies or large-scale |
22 | disasters. |
23 | "Work permit." A transferable work permit allowing |
24 | employment of a minor. |
25 | Section 3. Time limitations on employment of minors. |
26 | (a) Rest break.--No minor may be employed for more than five |
27 | hours continuously without an interval of at least 30 minutes |
28 | for a rest break. No period of less than 30 minutes shall be |
29 | deemed to interrupt a continuous period of work. |
30 | (b) Time restriction.--Except for newspaper delivery under |
|
1 | section 14, a minor may not be employed for more than six |
2 | consecutive days. |
3 | (c) Age restriction.--Except as set forth under sections |
4 | 4(d) and 5, no individual under 14 years of age may be employed. |
5 | (d) Hours of employment for minors 14 and 15 years of age.-- |
6 | Except as set forth under subsection (e) and performances under |
7 | section 5, the hours of employment for individuals 14 and 15 |
8 | years of age shall be limited as follows: |
9 | (1) The minor may not be employed before 7 a.m. or after |
10 | 7 p.m., except that during a school vacation period a minor |
11 | shall be permitted to be employed until 9 p.m. The department |
12 | may promulgate regulations under this paragraph which |
13 | establish a procedure for an employer that is not subject to |
14 | the Fair Labor Standards Act to receive an extension until 10 |
15 | p.m. |
16 | (2) The minor may not be employed for more than three |
17 | hours on a school day or 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 regular school week. |
21 | (4) The minor may not be employed for more than 40 hours |
22 | during a week when school is not in session. |
23 | (5) A minor enrolled in summer school is subject to the |
24 | limitation set forth in paragraph (3). |
25 | (e) Exceptions.--The following exceptions apply to the |
26 | prohibitions of subsection (d): |
27 | (1) Individuals who are at least 14 years of age or |
28 | older may be employed until 10 p.m. on a farm by a person |
29 | other than the farmer in the hatching, raising or harvesting |
30 | of poultry as long as the minor is not working in an |
|
1 | agricultural occupation declared hazardous by the United |
2 | States Secretary of Labor. |
3 | (2) Newspaper and periodical delivery under section 14. |
4 | (3) Students 14 years of age or older whose employment |
5 | is part of a recognized school-work program supervised by a |
6 | recognized school authority may be employed for hours which, |
7 | combined with the hours spent in school, do not exceed eight |
8 | hours in a day. |
9 | (f) Hours of employment for minors 16 years of age or |
10 | older.--The hours for employment for minors who are 16 years of |
11 | age or older are as follows: |
12 | (1) When school is in session, an individual who is 16 |
13 | years of age or older shall be limited as follows: |
14 | (i) The minor may not be employed for more than 28 |
15 | hours per week during a regular school week. |
16 | (ii) The minor may not be employed for more than |
17 | eight hours in a single day. |
18 | (iii) The minor may not be employed before 6 a.m. or |
19 | after 12 midnight, except that during a school vacation |
20 | period a minor shall be permitted to be employed until 1 |
21 | a.m. |
22 | (2) During a school vacation, an individual who is 16 |
23 | years of age or older shall be limited as follows: |
24 | (i) The minor may not be employed for more than ten |
25 | hours in a single day. |
26 | (ii) The minor may not be employed for more than 48 |
27 | hours in a single week provided that any hours worked |
28 | more than 44 in a single week shall be voluntarily agreed |
29 | to by the minor and further provided that the minor may |
30 | reject any request for employment in excess of 44 hours |
|
1 | in a single week without retaliation. |
2 | (3) A minor enrolled in summer school is subject to the |
3 | limitations set forth under paragraph (1). |
4 | (4) An individual who is 16 years of age or older who is |
5 | employed as a counselor, counselor-in-training or junior |
6 | counselor during the school vacation period by a summer |
7 | resident camp or a conference or retreat operated by a |
8 | religious or scout organization shall receive 24 consecutive |
9 | hours of rest during every seven-day period. This paragraph |
10 | does not apply to a minor employed primarily for general |
11 | maintenance work or food service activities. |
12 | (5) This subsection does not apply to a minor who: |
13 | (i) is a high school graduate; or |
14 | (ii) is exempt from compulsory school attendance |
15 | requirements under section 1330(1) of the act of March |
16 | 10, 1949 (P.L.30, No.14), known as the Public School Code |
17 | of 1949. |
18 | (g) Applicability.--This section shall not apply to minors |
19 | engaging in a performance under section 5. |
20 | Section 4. Occupations and establishments. |
21 | (a) Prohibition.--Minors may not be employed in the |
22 | following: |
23 | (1) Establishments where alcoholic beverages are |
24 | produced, sold or dispensed except as follows: |
25 | (i) Notwithstanding any other provisions of law, a |
26 | hotel, restaurant or club liquor licensee or any retail |
27 | dispenser may allow students receiving instruction in a |
28 | performing art to perform an exhibition if the students |
29 | are not compensated and are under proper supervision in |
30 | accordance with the act of April 12, 1951 (P.L.90, No.21) |
|
1 | known as the Liquor Code. |
2 | (ii) An individual under 16 years of age may be |
3 | employed at a continuing-care retirement community, ski |
4 | resort, bowling alley, golf course, amusement park or |
5 | other similar recreational establishment where alcoholic |
6 | beverages are served as long as the individual is not |
7 | permitted to handle or serve the beverages and is not |
8 | employed in an area where the beverages are stored or |
9 | served. |
10 | (iii) A minor 16 years of age or older may be |
11 | employed in that part of the establishment in which |
12 | alcoholic beverages are not served. |
13 | (iv) A minor 16 years of age or older may be |
14 | employed in a hotel, club or restaurant where alcoholic |
15 | beverages are served if the employment consists of |
16 | serving food, clearing tables and related duties, |
17 | provided that that the establishment has a valid permit |
18 | for Sunday sales issued by the Pennsylvania Liquor |
19 | Control Board and the minor's duties do not include |
20 | dispensing or serving alcoholic beverages. Before |
21 | employing a minor under this subsection, an establishment |
22 | licensed by the Pennsylvania Liquor Control Board for |
23 | Sunday sales must submit to the issuing officer a copy of |
24 | the current valid permit for Sunday sales. |
25 | (2) In any occupation or establishment designated as |
26 | hazardous and otherwise prohibited under the Fair Labor |
27 | Standards Act and regulations under that act. |
28 | (3) As a pilot, fireman or engineer upon a boat or |
29 | vessel; on a railroad or railway as a track repairman, gate- |
30 | tender, switch-tender, brakeman, fireman, engineer, motorman |
|
1 | or conductor; or in the manufacture of paint, color or white- |
2 | lead, poisonous dyes or compositions using dangerous lead or |
3 | acids; and minors under 16 years of age shall not be |
4 | permitted to strip or sort tobacco, work on scaffolding or |
5 | work in a tunnel. |
6 | (4) An individual under 16 years of age may not be |
7 | employed or permitted to conduct youth peddling, which |
8 | entails the selling of goods or services to customers at |
9 | locations other than the minor-employer's establishment, such |
10 | as the customers' residences or places of business or public |
11 | places such as street corners and public transportation |
12 | stations. Prohibited activities associated with youth |
13 | peddling not only include the attempt to make a sale or the |
14 | actual consummation of a sale, but also the preparatory and |
15 | concluding tasks normally performed by a youth peddler in |
16 | conjunction with his or her sales, such as the loading and |
17 | unloading of vans or other motor vehicles, the stocking and |
18 | restocking of sales kits and trays, the exchanging of cash |
19 | and checks with the employer and the transportation of minors |
20 | to and from the various sales areas by the employer. |
21 | Prohibited youth peddling also includes such promotion |
22 | activities as the holding, wearing or waving of signs, |
23 | merchandise, costumes, sandwich boards or placards in order |
24 | to attract potential customers, except when performed inside |
25 | or directly in front of the employer's establishment |
26 | providing the product, service or event being advertised. |
27 | This paragraph does not prohibit a minor salesperson from |
28 | conducting sales for his or her employer on property |
29 | controlled by the employer that is out of doors but may |
30 | properly be considered part of the employer's establishment. |
|
1 | Minors may conduct sales in such employer exterior |
2 | facilities, whether temporary or permanent, as garden |
3 | centers, sidewalk sales and parking lot sales, when employed |
4 | by that establishment. Youth peddling does not include the |
5 | activities of persons who, as volunteers and without |
6 | compensation, sell goods or services on behalf of |
7 | eleemosynary organizations or public agencies. |
8 | (b) List.--The department shall publish a list in the |
9 | Pennsylvania Bulletin which shall constitute hazardous or |
10 | otherwise prohibited establishments or occupations under this |
11 | act. The list shall consist of those occupations and |
12 | establishments prohibited under subsection (a)(2) and those |
13 | establishments and occupations specifically enumerated as |
14 | hazardous or prohibited in this act. |
15 | (c) Additional occupations.--The department may establish |
16 | additional prohibited or hazardous occupations or establishments |
17 | which are not included in subsection (b), through regulation. |
18 | (d) Occupations for minors less than 14 years of age.--An |
19 | individual less than 14 years of age may be employed as follows: |
20 | (1) An individual who is at least 12 years of age may be |
21 | employed as a caddy if the minor does not carry more than one |
22 | golf bag at a time and employment is not for more than 18 |
23 | holes of golf in a single day. |
24 | (2) An individual who is at least 11 years of age may |
25 | engage in the delivery of newspapers as set forth under |
26 | section 14. |
27 | Section 5. Employment of minors in a performance. |
28 | (a) General rule.--For purposes of this section, a minor is |
29 | engaged in a performance if: |
30 | (1) The minor models or renders artistic or creative |
|
1 | expression in a live performance, on the radio, on |
2 | television, in a movie, over the Internet, in a publication |
3 | or via any other broadcast medium that may be transmitted to |
4 | an audience and any person receives remuneration for the |
5 | performance. Rehearsal for this activity is part of the |
6 | performance. |
7 | (2) The minor participates in a reality or documentary |
8 | program that expressly depends upon the minor's |
9 | participation, the minor's participation is substantial and |
10 | any person receives remuneration for the minor's |
11 | participation. For the purposes of this subsection: |
12 | (i) Remuneration shall include one or more monetary |
13 | payments, but shall not include reimbursement for |
14 | expenses incurred by the minor or the minor's family, any |
15 | prize or goods or services received in connection with |
16 | the program with a value of less than $2,500. |
17 | (ii) "Substantial" shall mean the minor is a |
18 | principal subject of the reality or documentary program |
19 | or the minor participates in the filming of the reality |
20 | or documentary program for ten or more days in a 30-day |
21 | period. |
22 | (b) Requirements.--No minor may engage in a performance |
23 | without an entertainment permit issued by the department. A |
24 | minor may engage in a performance if the minor has an |
25 | entertainment permit from the department for the length of the |
26 | performance as provided for in subsection (c) and all of the |
27 | following requirements are satisfied: |
28 | (1) The performance is not hazardous to the minor's |
29 | safety or well-being. |
30 | (2) The minor's work hours do not exceed those |
|
1 | permissible under subsection (d). |
2 | (3) For live productions, the minor does not appear in |
3 | more than three performances in a single day or ten |
4 | performances in a single calendar week. For purposes of this |
5 | paragraph, a calendar week shall be Sunday to Saturday. |
6 | (4) The performance does not involve: |
7 | (i) an act that constitutes sexual abuse or sexual |
8 | exploitation of minors; |
9 | (ii) boxing, sparring or wrestling, except for a |
10 | bona fide school-related athletic or recognized amateur |
11 | competition or activity or noncontact portrayal; |
12 | (iii) activities having a high level of inherent |
13 | danger including activities involving speed, height, a |
14 | high level of physical exertion and highly specialized |
15 | gear or spectacular stunts; |
16 | (iv) an acrobatic act that is hazardous to the |
17 | minor's safety or well-being; |
18 | (v) use of or exposure to a dangerous weapon or |
19 | pyrotechnical device; |
20 | (vi) a hazardous performance, act or exhibition as |
21 | defined by the department. The department shall publish a |
22 | list in the Pennsylvania Bulletin which shall constitute |
23 | prohibited hazardous performances, acts or exhibitions |
24 | under this section, provided that the department, within |
25 | three years of such publication, promulgate a regulation |
26 | setting forth hazardous performances, acts or |
27 | exhibitions; or |
28 | (vii) in any occupation designated as hazardous and |
29 | otherwise prohibited under the Fair Labor Standards Act. |
30 | (5) A parent or guardian of a minor is permitted to be |
|
1 | within sight or sound of the minor at all times. |
2 | (c) Entertainment permits.--The following shall apply: |
3 | (1) An entertainment permit shall be valid for up to six |
4 | months and may be renewed under this subsection. |
5 | (2) The department may charge a fee for each |
6 | entertainment permit which shall be set through regulation. |
7 | (3) An application for an entertainment permit shall: |
8 | (i) be made on a form issued by the department and |
9 | signed by the employer of the minor and the parent or |
10 | legal guardian of the minor; |
11 | (ii) contain a statement that the facts as set forth |
12 | in the application are correct subject to the provisions |
13 | of 18 Pa.C.S. § 4904 (relating to unsworn falsification |
14 | to authorities); |
15 | (iii) state the legal and professional name of the |
16 | minor, the date and place of the minor's birth, the name |
17 | and permanent address of a parent or guardian of the |
18 | minor, the name of the minor's parent or representative |
19 | of the parent who will accompany the minor to rehearsals |
20 | and performances, whether the minor has performed in |
21 | other states requiring a permit or certificate to perform |
22 | and whether the permit or certificate was obtained; |
23 | (iv) for infants under the age of one month, include |
24 | written certification from a licensed physician that the |
25 | infant is physically capable of handling the requirements |
26 | of the performance; |
27 | (v) set forth, for all performances during school |
28 | hours, accurate information regarding: |
29 | (A) the name and address of the school attended |
30 | and of the school district where the minor resides; |
|
1 | (B) the grade the minor has completed in school; |
2 | (C) the hours per week the minor attends school; |
3 | and |
4 | (D) a verification signed by the principal of |
5 | the school attended by the minor or the issuing |
6 | officer of the minor's school district that the |
7 | performance and rehearsals will not interfere with |
8 | the educational instruction or school progress of the |
9 | minor or a guarantee that arrangements are made for a |
10 | qualified tutor for the minor. If the minor is to be |
11 | tutored, the application shall set forth the name and |
12 | address of the tutor, whether the tutor is a |
13 | certified teacher, the name and address of the school |
14 | official approving the subjects for tutoring and the |
15 | tutoring arrangements and the number of hours per |
16 | week the minor is to be tutored; and |
17 | (vi) provide any additional requirements set by the |
18 | department through regulation. |
19 | (4) An appeal of a decision by the department under this |
20 | subsection must be made to the secretary. The secretary shall |
21 | hold a hearing on the appeal. |
22 | (5) The work permit requirements of section 9 do not |
23 | apply to the issuance of permits under this section. |
24 | (6) The department may require by regulation employers |
25 | employing minors in performances to obtain permits and may |
26 | charge a fee for such permits. |
27 | (7) The department may waive any or all requirements in |
28 | this section, with the exception of paragraph (3)(iv) for a |
29 | performance of one day or less. The department shall indicate |
30 | any waiver by any written means of communication, including, |
|
1 | but not limited to, facsimile or e-mail. |
2 | (d) Working hours for child performers.--The amount of time |
3 | minors are permitted at the place of employment within a 24-hour |
4 | period is limited according to age, as follows: |
5 | (1) Infants who have not reached six months of age may |
6 | be permitted to remain at the place of employment for a |
7 | maximum of two hours. |
8 | (2) Minors who have reached the age of six months of age |
9 | but who have not attained two years of age may be permitted |
10 | at the place of employment for a maximum of four hours and |
11 | may work no more than two hours. |
12 | (3) Minors who have reached two years of age but who |
13 | have not attained six years of age may be permitted at the |
14 | place of employment for a maximum of six hours and may work |
15 | no more than three hours. |
16 | (4) Minors who have reached six years of age but who |
17 | have not attained nine years of age may be permitted at the |
18 | place of employment for eight hours and may work no more than |
19 | four hours. |
20 | (5) Minors who have reached nine years of age but who |
21 | have not attained sixteen years of age may be permitted at |
22 | the place of employment for nine hours and may not work more |
23 | than five hours. |
24 | (6) Minors who have reached sixteen years of age but who |
25 | have not attained eighteen years of age may be permitted at |
26 | the place of employment for ten hours and may not work more |
27 | than six hours. |
28 | (7) When any minor between 14 and 18 years of age |
29 | obtains permission from school authorities to work during |
30 | school hours for a period not to exceed two consecutive days, |
|
1 | the working hours for such minor during either or both of |
2 | such days may be extended to but shall not exceed eight hours |
3 | in a 24-hour period. |
4 | (8) Allowable meal periods shall not be counted toward |
5 | maximum hours permitted at the place of employment nor |
6 | counted as work time for any purpose. A meal period shall not |
7 | be less than one-half hour nor more than one hour in length. |
8 | (9) For minors of school age who have not fulfilled |
9 | compulsory education requirements and who have a work |
10 | schedule that requires education while employed as provided |
11 | in subsection (g), the nonwork time at the place of |
12 | employment shall include education, rest and recreation. |
13 | (10) The work day for a minor shall begin no earlier |
14 | than 5 a.m. and shall end no later than 10 p.m. on evenings |
15 | preceding school days. On evenings preceding nonschool days, |
16 | the minor's work day shall end no later than 12:30 a.m. on |
17 | the morning of the nonschool day. |
18 | (11) Twelve hours must elapse between the minor's time |
19 | of dismissal and time of call on the following day. If the |
20 | minor's regular school starts less than 12 hours after his or |
21 | her dismissal time, the minor must be schooled the following |
22 | day at the employer's place of business. |
23 | (12) With respect to any minor providing services at the |
24 | minor's residence, this section shall not govern or limit the |
25 | number of hours the minor is present at the residence, but |
26 | shall instead apply solely to the hours the minor is |
27 | providing such services. |
28 | (e) Child performer trust account.-- |
29 | (1) An irrevocable child performer trust account or a |
30 | qualified tuition program established and maintained in |
|
1 | accordance with section 529 of the Internal Revenue Code of |
2 | 1086 (Public Law 99-154, 26 U.S.C. § 529) by this |
3 | Commonwealth, another state, an agency or instrumentality of |
4 | this Commonwealth or another state, or by one or more |
5 | eligible educational institutions shall be established for a |
6 | minor if the minor is entitled to receive residuals in |
7 | accordance with a principal agreement or earnings are |
8 | anticipated to exceed $2,500 for the production or if the |
9 | minor has already earned in excess of $2,500 in prior |
10 | employment in performance. A child performer trust account |
11 | established in another state shall meet the requirements of |
12 | this subsection. |
13 | (2) All of the following govern the child performer |
14 | trust account or qualified tuition program established under |
15 | paragraph (1): |
16 | (i) The parent or legal guardian shall establish the |
17 | account for the benefit of the minor. |
18 | (ii) The parent or legal guardian shall provide to |
19 | the employer the information necessary to enable the |
20 | employer to transfer funds into a child performer trust |
21 | account or qualified tuition program. The information |
22 | shall be provided on or before the start of paid |
23 | employment. |
24 | (iii) The employer shall transfer to the child |
25 | performer trust account not less than 15% of: |
26 | (A) total compensation prior to all taxes, |
27 | deductions and commissions payable to the minor or |
28 | the minor's parent or guardian under contract; or |
29 | (B) in the case of payment to a third party, |
30 | total compensation paid to the third party for the |
|
1 | minor's services. |
2 | (iv) In the case of employment for 30 days or less, |
3 | the employer shall transfer the required amount to the |
4 | child performer trust account or qualified tuition |
5 | program within 30 days of the final day of employment. |
6 | Such transfer shall be made in accordance with 20 Pa.C.S. |
7 | Ch. 53 (relating to Pennsylvania Uniform Transfers to |
8 | Minors Act). |
9 | (v) In the case of employment for longer than 30 |
10 | days, the employer shall transfer the required amount to |
11 | the child performer trust account or qualified tuition |
12 | program every payroll period. Such transfer shall be made |
13 | in accordance with 20 Pa.C.S. Ch 53. |
14 | (vi) If the minor's employer has not been notified |
15 | within 15 days of commencement of employment of the |
16 | existence of a child performer trust account or a |
17 | qualified tuition program or no such child performer |
18 | trust account or tuition program has been established by |
19 | the minor's parent or guardian, then the minor's employer |
20 | shall transfer such moneys together with the minor's name |
21 | and last known address to the State Treasurer for |
22 | placement into a child performer trust account for the |
23 | benefit of the minor. |
24 | (vii) Once the transfers have been made to the child |
25 | performer trust account, tuition program or the State |
26 | Treasurer's office, the employer has no further duty |
27 | under this subsection. |
28 | (viii) The employer's obligations under this |
29 | subsection shall terminate when the minor reaches 18 |
30 | years of age. |
|
1 | (ix) There shall be no obligations under this |
2 | subsection where a minor is emancipated. |
3 | (x) The minor's parent or legal guardian may serve |
4 | as custodian. If the child performer trust account |
5 | reaches at least $150,000 or a higher amount set by the |
6 | department through regulation, a trust company or |
7 | independent custodian shall be appointed. |
8 | (xi) Proceeds of the child performer trust account |
9 | shall remain in trust until the minor reaches at least 18 |
10 | years of age. Proceeds may be distributed to the minor |
11 | before 18 years of age only for the minor's legitimate |
12 | health and educational needs. Proceeds may remain in |
13 | trust for distribution to the minor after 18 years of age |
14 | if the parent or guardian determines that it would serve |
15 | the health, education and financial interests of the |
16 | minor. |
17 | (f) Education.-- |
18 | (1) An employer employing, either directly or indirectly |
19 | through a third person, a minor who is guaranteed three or |
20 | more consecutive days of employment shall provide a teacher |
21 | or properly qualified private tutor as set forth in the act |
22 | of March 10, 1949 (P.L.30, No.14), known as the Public School |
23 | Code of 1949, who has an instructional certificate issued by |
24 | the Department of Education, or a teacher with a comparable |
25 | certificate in the state in which the minor resides. This |
26 | requirement shall apply beginning on the first day that the |
27 | minor renders services for that employer and shall continue |
28 | on each day thereafter that the school of the minor's place |
29 | of residence is in session and the minor is rendering |
30 | services. The requirements of this section shall only be |
|
1 | applicable when school is in session and the minor is not |
2 | receiving educational instruction at the minor's school of |
3 | enrollment due to his employment. |
4 | (2) In the event the minor is not guaranteed three or |
5 | more consecutive days of employment, an employer shall |
6 | provide a teacher or properly qualified private tutor as set |
7 | forth in the Public School Code of 1949 who has an |
8 | instructional certificate issued by the Department of |
9 | Education, or a teacher with a comparable certificate in the |
10 | state in which the minor resides on the third day of missed |
11 | educational instruction through the remainder of the minor's |
12 | employment on the production. |
13 | (3) If there is a hiatus in a production that employs a |
14 | minor under this section, a teacher or properly qualified |
15 | private tutor shall be provided to the minor during the |
16 | hiatus for periods when school is in session, pursuant to the |
17 | requirements described in this section, unless the minor is |
18 | able to attend his school of enrollment. |
19 | (4) Where this section requires that an employer provide |
20 | a teacher or properly qualified private tutor to a minor, the |
21 | employer shall provide a ratio of at least one teacher or |
22 | properly qualified private tutor for every ten minors unless |
23 | the minors are within two grade levels, in which case the |
24 | employer shall provide a ratio of at least one teacher or |
25 | properly qualified private tutor for every 20 minors. |
26 | (5) School districts shall have the authority, in |
27 | cooperation with the parent or guardian of the minor, to |
28 | develop alternative methods by which minors may satisfy their |
29 | educational requirements at times outside the normal school |
30 | day. Alternative methods under this paragraph shall be no |
|
1 | more restrictive than those set forth in this section. |
2 | (g) Waiver.--The department may waive one or more |
3 | restrictions contained in this section if the department |
4 | determines the waiver is necessary to preserve the artistic |
5 | integrity of the performance, will not impair the educational |
6 | instruction, health or safety of the minor and written |
7 | permission is obtained from the minor's parent or guardian. Any |
8 | request for a waiver shall be considered by the department and |
9 | shall be submitted in writing at least 48 hours in advance of |
10 | the time needed for the waiver. |
11 | (h) Foreign nationals.--In the case of a minor who is a |
12 | foreign national temporarily in the United States and who will |
13 | not be residing in this Commonwealth for more than 35 days in a |
14 | calendar year, the requirements of subsections (e) and (f) shall |
15 | not be applicable provided the employer certifies that the minor |
16 | has satisfied the educational requirements of the minor's |
17 | country of citizenship or is being offered access to |
18 | age‑appropriate educational instruction and that the minor's |
19 | earnings are being paid to the minor or a third party in a |
20 | manner that ensures conservation of the minor's earnings. |
21 | (i) Conflict.--Nothing in this section shall be construed to |
22 | supersede or repeal: |
23 | (1) any provision of this act, unless an entertainment |
24 | permit is issued in accordance with this section; or |
25 | (2) 18 Pa.C.S. § 5903 (relating to obscene and other |
26 | sexual materials and performances) or 6312 (relating to |
27 | sexual abuse of children). |
28 | (j) Revocation of permit.--The following shall apply: |
29 | (1) The department may revoke an entertainment permit |
30 | if: |
|
1 | (i) there has been a violation of this act related |
2 | to the employment of the minor in the performance; |
3 | (ii) the permit application contained false, |
4 | misleading or substantially incorrect information or the |
5 | applicant or minor is no longer performing in accordance |
6 | with the information provided on the application; |
7 | (iii) a condition of issuance of the permit is not |
8 | being met; or |
9 | (iv) there is danger to the minor's health, safety |
10 | or welfare. |
11 | (2) The department may revoke a permit under this |
12 | section without a prior hearing. Revocation may be appealed |
13 | to the secretary, who shall conduct a hearing subject to 2 |
14 | Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure |
15 | of Commonwealth agencies) and 7 Subch. A (relating to |
16 | judicial review of Commonwealth agency action). The |
17 | revocation shall remain in effect until the secretary issues |
18 | a decision. |
19 | (k) Special entertainment permits.--The department may issue |
20 | entertainment permits required by this section to minors who |
21 | participate in professional acrobatic performances, irrespective |
22 | of the limitation in subsection (b)(4)(iv) if the following |
23 | criteria are met: |
24 | (1) The performance is part of a nationally recognized |
25 | or internationally recognized circus. |
26 | (2) Appropriate trained medical personnel are onsite at |
27 | all performance times. |
28 | (3) The minor has a physician's statement of health |
29 | issued within the previous 12 months. |
30 | (4) The employer makes a professional teacher available |
|
1 | to all minor performers. |
2 | (5) The performances do not involve high-wire or trapeze |
3 | acts. |
4 | (l) Applicability.--This section does not apply to a minor |
5 | who: |
6 | (1) is a high school graduate; or |
7 | (2) is exempt from compulsory school attendance |
8 | requirements under section 1330(1) of the Public School Code |
9 | of 1949. |
10 | Section 6. Sports-attendant services. |
11 | (a) General rule.--Section 3(d)(1), (2) and (3) shall not |
12 | apply to an individual 14 through 15 years of age and section |
13 | 3(f)(1), and (2) shall not apply to an individual 16 through 17 |
14 | years of age, if the minor is employed to perform sports- |
15 | attendant services at professional sporting events under this |
16 | section. |
17 | (b) Sports-attendant duties.--A minor is employed to perform |
18 | sports-attendant duties if the minor performs any of the |
19 | following duties at a baseball, basketball, football, soccer, |
20 | tennis or similar athletic event: |
21 | (1) Pregame and postgame or practice setup of balls, |
22 | items and equipment. |
23 | (2) Supplying and retrieving balls, items and equipment |
24 | during a sporting event. |
25 | (3) Clearing the field or court of debris and moisture |
26 | during play. |
27 | (4) Providing ice, drinks and towels to players during |
28 | play. |
29 | (5) Running errands for trainers, managers, coaches and |
30 | players before, during and after a sporting event. |
|
1 | (6) Returning or storing balls, items and equipment in |
2 | clubhouse or locker rooms after a sporting event. |
3 | Section 7. Minors serving in volunteer emergency service |
4 | organizations. |
5 | (a) General rule.--An individual who is 14 years of age or |
6 | older who is a member of a volunteer emergency service |
7 | organization may participate in training and emergency service |
8 | activities except as follows: |
9 | (1) A minor may not operate a truck, ambulance or other |
10 | official fire vehicle. |
11 | (2) A minor may not operate an aerial ladder, aerial |
12 | platform or hydraulic jack. |
13 | (3) A minor may not use rubber electrical gloves, |
14 | insulated wire gloves, insulated wire cutters, life nets or |
15 | acetylene cutting units. |
16 | (4) A minor may not operate the pump of a fire vehicle |
17 | while at the scene of a fire. |
18 | (5) A minor may not enter a burning structure under any |
19 | circumstance including a training exercise. |
20 | (6) A minor may not engage in firefighting activities |
21 | unless all of the following apply: |
22 | (i) The minor is 16 years of age or older. |
23 | (ii) The minor has successfully completed a course |
24 | of training equal to the standards for basic firefighting |
25 | established by the State Fire Commissioner and the |
26 | Department of Conservation and Natural Resources. |
27 | (iii) The minor is under the direct supervision and |
28 | control of the fire chief, an experienced line officer or |
29 | a designated forest fire warden. |
30 | (b) Additional limitations.--In addition to the limitations |
|
1 | set forth under subsection (a), the activities of individuals |
2 | more than 13 years of age and less than 16 years of age shall be |
3 | further limited as follows: |
4 | (1) An individual who is more than 13 years of age and |
5 | less than 16 years of age shall only be permitted to perform |
6 | the following activities: |
7 | (i) Training. |
8 | (ii) First aid. |
9 | (iii) Cleanup service at the scene of a fire, |
10 | outside the structure and after the fire has been |
11 | declared by the fire official in charge to be under |
12 | control. |
13 | (iv) Serving food and beverages. |
14 | (2) An individual who is more than 13 years of age and |
15 | less than 16 years of age may not do any of the following: |
16 | (i) Operate high pressure hose lines except during |
17 | training activities. A high pressure hose line is any |
18 | water hose used for fire suppression with a pressure |
19 | greater than 150 psi, any air hose with a pressure |
20 | greater than 100 psi and any hydraulic hose used for |
21 | rescue tools with a pressure greater than 1,000 psi. |
22 | (ii) Ascend ladders except during training |
23 | activities. |
24 | (c) Other prohibited activities.--The department may |
25 | prohibit other activities that it deems hazardous to the health |
26 | of minors through regulation. |
27 | (d) Other provisions.-- |
28 | (1) Except as set forth under this subsection, this |
29 | section does not supersede any other provision of this act or |
30 | any regulation promulgated under this act. |
|
1 | (2) A minor may continue serving in answer to a fire |
2 | call until excused by the individual acting as chief of the |
3 | fire company if the minor: |
4 | (i) is 16 years of age or older; |
5 | (ii) is a member of a volunteer fire company; and |
6 | (iii) answers a fire call while lawfully employed. |
7 | (3) An individual who is 14 or 15 years of age may |
8 | engage in training or firefighting activities permitted under |
9 | this section until 10 p.m. before a school day if the minor: |
10 | (i) is a member of a volunteer fire company; and |
11 | (ii) has the written consent of the minor's parent |
12 | or legal guardian. |
13 | Section 8. Duties of employer. |
14 | (a) Work permits and parental authorization.-- |
15 | (1) Unless a minor has the items listed in paragraph |
16 | (2), a minor may not be employed or permitted to work: |
17 | (i) in, about or in connection with an |
18 | establishment; or |
19 | (ii) in an occupation. |
20 | (2) To be employed, a minor must have all of the |
21 | following: |
22 | (i) A work permit. |
23 | (ii) A written statement by the minor's parent or |
24 | legal guardian acknowledging understanding of the duties |
25 | and hours of employment and granting permission to work |
26 | subject to the provisions of 18 Pa.C.S. § 4904 (relating |
27 | to unsworn falsification to authorities). |
28 | (3) Before employing a minor, an employer shall do all |
29 | of the following: |
30 | (i) Verify the work permit under paragraph (2)(i). |
|
1 | (ii) Receive the verified statement under paragraph |
2 | (2)(ii). |
3 | (4) An individual who is more than 16 years of age |
4 | employed in the distribution, sale, exposing or offering for |
5 | sale of any newspaper, or any minor who can demonstrate that |
6 | he is working independently of the newspaper publisher in |
7 | this work, shall not be required to procure a work permit. |
8 | (b) Notification.--The employer shall notify the issuing |
9 | officer in writing of the employment of a minor and shall detail |
10 | the normal duties and hours of employment within five days after |
11 | the beginning of employment and shall include the age and permit |
12 | number of the minor. On termination of employment of a minor, |
13 | the employer shall notify the issuing official within five days |
14 | of the final day of employment that the minor no longer is |
15 | employed by the employer. |
16 | (c) Posting requirement.--An employer shall post a printed |
17 | abstract of the sections of this act relating to the hours of |
18 | labor in a conspicuous place in the establishment. |
19 | (d) Records.--An employer shall maintain the following |
20 | records at the workplace: |
21 | (1) A list of all the minors employed in the |
22 | establishment. |
23 | (2) A schedule of the hours of labor of the minors |
24 | listed in subparagraph (ii). The schedule of hours of labor |
25 | shall contain: |
26 | (i) the maximum number of hours each minor is |
27 | required or permitted to work on each day of the week; |
28 | (ii) the weekly total for each minor; and |
29 | (iii) the daily hours for commencing and stopping |
30 | work and for time allowed for meals. |
|
1 | (3) For each minor, the employer shall keep a copy of |
2 | the work permit, the original verified permission statement |
3 | required in subsection (a) and a copy of the letter sent to |
4 | the issuing official announcing the employment of the minor. |
5 | (4) An employer shall maintain records for employed |
6 | minors in compliance with the recordkeeping requirements of |
7 | the act of January 17, 1968 (P.L.11, No.5), known as The |
8 | Minimum Wage Act of 1968, and shall maintain accurate records |
9 | of the actual days, hours and times of day the minors worked, |
10 | including breaks. |
11 | (5) An employer shall provide an enforcement officer |
12 | with access to records kept under this subsection at all |
13 | reasonable times. |
14 | Section 9. Work permit. |
15 | (a) Form and content.-- |
16 | (1) A work permit shall be issued on a wallet-sized form |
17 | prescribed by the department. The work permit shall contain |
18 | the following information related to the minor: |
19 | (i) Name. |
20 | (ii) Sex. |
21 | (iii) Date and place of birth. |
22 | (iv) Place of residence. |
23 | (v) Color of hair and eyes. |
24 | (vi) Any physical work restrictions. |
25 | (2) The work permit shall certify that: |
26 | (i) the holder has personally appeared before the |
27 | issuing officer and has been examined; |
28 | (ii) all papers required by law have been examined, |
29 | approved and filed; and |
30 | (iii) all conditions and requirements for issuing a |
|
1 | permit have been fulfilled. |
2 | (3) The work permit shall be signed in the presence of |
3 | the issuing officer by the minor. |
4 | (4) The work permit shall bear a number, the date of |
5 | issuance and the signature of the issuing officer. |
6 | (b) Application.-- |
7 | (1) Documentation shall be as follows: |
8 | (i) Except as set forth under subparagraph (ii), the |
9 | application for a work permit must be verified as |
10 | follows: |
11 | (A) The applicant's parent or legal guardian |
12 | must sign the application. |
13 | (B) In lieu of a signature under clause (A), the |
14 | applicant may execute a statement before a notary |
15 | public or other person authorized to administer oaths |
16 | attesting to the accuracy of the facts set forth in |
17 | the application on a form prescribed by the |
18 | department. The statement shall be attached to the |
19 | application. |
20 | (ii) Subparagraph (i) does not apply if the |
21 | applicant can demonstrate official proof of high school |
22 | graduation. |
23 | (iii) The issuing officer shall not issue a work |
24 | permit until the issuing officer has received, examined, |
25 | approved and filed the following papers which verify the |
26 | applicant's age: |
27 | (A) If proof of age is an official document or |
28 | record of the Commonwealth or government of another |
29 | state or governmental subdivision of another state, |
30 | it need not be filed if the issuing officer records |
|
1 | the information necessary to enable the document or |
2 | record to be located at the place where it is filed. |
3 | If proof of age is other than an official document or |
4 | record of the Commonwealth or government of another |
5 | state or governmental subdivision of another state, |
6 | the following is the order of preference for |
7 | acceptable proof under this clause: |
8 | (I) An attested transcript of the birth |
9 | certificate, filed according to law with a |
10 | register of vital statistics or other officer |
11 | charged with the duty of recording births. |
12 | (II) A certified baptismal certificate or |
13 | transcript of the record of baptism showing the |
14 | date of birth. |
15 | (III) A passport showing the age of the |
16 | minor. |
17 | (IV) Any certified documentary record of age |
18 | other than a school record or an affidavit of |
19 | age, which appears to the satisfaction of the |
20 | issuing officer to be sufficient evidence of age. |
21 | (V) The signed statement of a physician, |
22 | physician's assistant or nurse practitioner, |
23 | approved by the board of school directors, |
24 | stating that, after examination, it is the |
25 | opinion of the individual signing the statement |
26 | that the applicant has attained the age required |
27 | by law for the occupation in which the applicant |
28 | expects to engage. The statement must be |
29 | accompanied by an affidavit signed by the |
30 | applicant's parent or legal guardian or, if there |
|
1 | is no parent or legal guardian, by the |
2 | applicant's next friend and certifying to the |
3 | name, date and place of birth of the applicant |
4 | and that the individual signing the statement is |
5 | unable to produce any of the proofs of age |
6 | specified in subclauses (I), (II), (III) and |
7 | (IV). |
8 | (B) (Reserved). |
9 | (2) Examination shall be as follows: |
10 | (i) Except as set forth under subparagraph (ii), a |
11 | work permit shall not be issued until the applicant has |
12 | personally appeared before and has been examined by the |
13 | issuing officer. |
14 | (ii) Subparagraph (i) does not apply if the |
15 | applicant can demonstrate official proof of high school |
16 | graduation. |
17 | (c) Issuance.--If all application requirements are met, a |
18 | work permit shall be issued by an issuing officer unless it is |
19 | the issuing officer's judgment that the applicant cannot |
20 | maintain adequate academic achievement if permitted to work |
21 | during the school year. |
22 | (d) Revocation.--An issuing officer may revoke a work permit |
23 | if it is the issuing officer's judgment that the applicant |
24 | cannot maintain adequate academic achievement if permitted to |
25 | work during the school year. |
26 | (e) Cooperation.--The issuing officer shall cooperate with |
27 | an enforcement officer with investigation and enforcement of |
28 | this act. |
29 | Section 10. Administration. |
30 | (a) Duties of department.--The department has the following |
|
1 | powers and duties: |
2 | (1) Prescribe the forms necessary to implement this act. |
3 | (2) Promulgate regulations to administer this act. |
4 | (3) Provide copies of this act and blank forms for |
5 | compliance with its provisions to employers and prospective |
6 | employers and place these documents on its Internet website. |
7 | (b) Subpoenas and inspections.-- |
8 | (1) The secretary or a designee has investigatory |
9 | subpoena power and may issue a subpoena upon application of |
10 | an attorney of the Office of General Counsel assigned to the |
11 | department. Application may be made to the Commonwealth Court |
12 | to enforce a subpoena. Nothing in this section shall be |
13 | construed to excuse a person from producing documents and |
14 | records as requested by the department under any other |
15 | provision of law. |
16 | (2) The department is authorized to obtain information |
17 | to investigate alleged violations or to determine compliance |
18 | with this act. This includes entering and inspecting an |
19 | establishment, including where a performance is being held, |
20 | at any reasonable time to ascertain the working conditions, |
21 | interviewing workers and inspecting and obtaining copies of |
22 | any records, documents or information in any medium that in |
23 | any way relates to employment of minors or activities |
24 | governed under this act. |
25 | (c) Duties of Department of Education.--The Department of |
26 | Education shall supply and distribute to school districts all |
27 | forms necessary for the enforcement of this act. |
28 | (d) Duties of school districts.--School districts shall |
29 | administer applications and issuance of work permits under |
30 | section 9 and shall notify the department of alleged violations |
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1 | of this act. |
2 | (e) Suspected violations of age requirements.-- |
3 | (1) If an enforcement officer has reason to believe that |
4 | an individual working without a work permit is a minor or |
5 | that a minor with a work permit is working in violation of |
6 | the age restrictions set forth under this act, the officer |
7 | may demand that the person employing the individual within |
8 | ten days: |
9 | (i) furnish to the officer proof of age; or |
10 | (ii) cease to employ or permit the individual to |
11 | work. |
12 | (2) Proof of a demand under paragraph (1) and of failure |
13 | to comply with paragraph (1)(i) constitutes prima facie |
14 | evidence of the illegal employment of a minor. |
15 | (3) Compliance with this subsection does not relieve a |
16 | person from liability under section 11. |
17 | Section 11. Penalties. |
18 | (a) Violations.-- |
19 | (1) A person may not do any of the following: |
20 | (i) Violate this act. |
21 | (ii) Interfere with the functions of an enforcement |
22 | officer. |
23 | (iii) Compel or permit a minor to violate this act. |
24 | (iv) Fail to provide records under sections 8(d) or |
25 | 10(b). |
26 | (v) Falsify records under this act. |
27 | (vi) Violate the terms of any permit issued under |
28 | section 5. |
29 | (b) Criminal penalties.-- |
30 | (1) Except as set forth under paragraph (2), a person |
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1 | that violates subsection (a) commits a summary offense and |
2 | shall, upon conviction, be sentenced to pay a fine of $500 |
3 | for each violation. |
4 | (2) A person that, after being sentenced under paragraph |
5 | (1), violates subsection (a) commits a summary offense and |
6 | shall, upon conviction, be sentenced to pay a fine of $1,500 |
7 | for each violation or to imprisonment for not more than ten |
8 | days, or both. |
9 | (c) Administrative penalties.-- |
10 | (1) Except as set forth under subsection (d), the |
11 | department may impose an administrative penalty of not more |
12 | than $5,000 for each violation of subsection (a). |
13 | (2) The department may order a person to take a |
14 | corrective action which the department deems necessary to |
15 | address a violation of this act. |
16 | (3) This subsection is subject to 2 Pa.C.S. Chs. 5 |
17 | Subch. A (relating to practice and procedure of Commonwealth |
18 | agencies) and 7 Subch. A (relating to judicial review of |
19 | Commonwealth agency action). |
20 | (4) The department may not impose a penalty under this |
21 | subsection if a person has been sentenced under subsection |
22 | (b) for an offense arising out of the same conduct which |
23 | would give rise to a penalty under this subsection. |
24 | (d) Multiple prosecution.--Imposition of a criminal, civil |
25 | or administrative penalty under the Fair Labor Standards Act |
26 | shall bar prosecution under subsection (a) and imposition of a |
27 | criminal penalty under subsection (b) or an administrative |
28 | penalty under subsection (c) if the same conduct constitutes the |
29 | basis of the Federal action and the basis of the prosecution |
30 | under subsection (a) or the administrative penalty under |
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1 | subsection (b). |
2 | Section 12. Employment of minors in student-learner and |
3 | apprenticeship programs. |
4 | A minor may be employed in a work experience and career |
5 | exploration program, an apprenticeship program and a school-to- |
6 | work program to the extent permitted by regulations promulgated |
7 | under this act and not prohibited by the Fair Labor Standards |
8 | Act. |
9 | Section 13. Exclusions. |
10 | (a) Domestic service.--This act shall not apply to |
11 | employment of a minor in domestic service in or about the |
12 | private home of a parent or guardian, to baby-sitting and to |
13 | performance of minor chores in or about a private home of the |
14 | employer. Minor chores shall: |
15 | (1) Include lawn care, snow shoveling and residential |
16 | chores performed by minors on a casual or infrequent basis. |
17 | (2) Exclude activities otherwise prohibited by the |
18 | department in regulations promulgated under this act and |
19 | activities or occupations designated as hazardous and |
20 | otherwise prohibited under the Fair Labor Standards Act and |
21 | regulations promulgated under that act. |
22 | (b) Agricultural employment.--Agricultural employment which |
23 | is exempt from coverage of the child labor provisions of the |
24 | Fair Labor Standards Act shall be exempt from coverage of this |
25 | act. |
26 | Section 14. Newspaper delivery. |
27 | (a) Delivery.--A minor engaged in newspaper delivery may be |
28 | employed for seven consecutive days in a week. |
29 | (b) Delivery and sale.--Individuals who are at least 11 |
30 | years of age may be employed in the delivery and street sale of |
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1 | newspapers after 5 a.m. and before 8 p.m., except that during |
2 | the school vacation period a minor shall be permitted to be |
3 | employed until 9 p.m. This paragraph does not apply to the |
4 | hauling of newspapers to drop centers or distribution centers or |
5 | other related activities. |
6 | (c) Work permit.--An individual who is more than 16 years of |
7 | age employed in the distribution, sale, offering for sale of any |
8 | newspaper, or any minor who can demonstrate that he is working |
9 | independently of the newspaper publisher, shall not be required |
10 | to procure a work permit. |
11 | Section 29. Repeal. |
12 | This act and the rules and regulations adopted under this act |
13 | shall repeal the act of May 13, 1915 (P.L.286, No.177), known as |
14 | the Child Labor Law, and replace all parts of acts that are |
15 | inconsistent with this act. Until modified or deleted by the |
16 | department, the current regulations on the child labor law shall |
17 | be the regulations of the department. |
18 | Section 30. Effective date. |
19 | This act shall take effect in 60 days. |
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