SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

SENATOR GORDNER, LABOR AND INDUSTRY, IN SENATE, AS AMENDED, MAY 22, 2012   

AN ACT

Amending the act of May 13, 1915 (P.L.286, No.177), entitled, as

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amended, "An act to provide for the health, safety, and

welfare of minors: By forbidding their employment or work in

certain establishments and occupations, and under certain

specified ages; by restricting their hours of labor, and

regulating certain conditions of their employment; by

requiring employment certificates or transferable work

permits for certain minors, and prescribing the kinds

thereof, and the rules for the issuance, reissuance, filing,

return, and recording of the same; by providing that the

Industrial Board shall, under certain conditions, determine

and declare whether certain occupations are within the

prohibitions of this act; requiring certain abstracts and

notices to be posted; providing for the enforcement of this

act by the Secretary of Labor and Industry, the

representative of school districts, and police officers; and

defining the procedure in prosecutions thereunder, and

establishing certain presumptions in relation thereto;

providing for the issuance of special permits for minors

engaging in the entertainment and related fields; providing

penalties for the violation of the provisions thereof; and

repealing all acts or parts of acts inconsistent therewith,"

further providing for definitions, for regulated employment,

for employment of children at establishments where alcoholic

beverages or malt liquor is sold and for permits; imposing

duties on the department; further providing for educational

requirements and for prohibitions regarding work hours;

providing for transfers to minor child performer trust

accounts and for revocation of permit; and further providing

for employment certificate.

Regulating child labor; conferring powers and duties on the

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Department of Labor and Industry and the Department of

Education; imposing penalties; and making a repeal.

TABLE OF CONTENTS

Section 1.  Short title.

Section 2.  Definitions.

Section 3.  Time limitations on employment of minors.

Section 4.  Occupations and establishments.

Section 5.  Employment of minors in a performance.

Section 6.  Sports-attendant services.

Section 7.  Minors serving in volunteer emergency service

organizations.

Section 8.  Duties of employer.

Section 9.  Work permit.

Section 10.  Administration.

Section 11.  Penalties.

Section 12.  Employment of minors in student-learner and

apprenticeship programs.

Section 13.  Exclusions.

Section 14.  Newspaper delivery.

Section 29.  Repeal.

Section 30.  Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1 of the act of May 13, 1915 (P.L.286,

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No.177), known as the Child Labor Law, is amended by adding

definitions to read:

Section 1.  * * *

The term "department" when used in this act, shall mean the

Department of Labor and Industry of the Commonwealth.

The term "documentary program" when used in this act, shall

mean a genre of motion picture program, including programming

for television, that depicts or portrays a nonfiction story and

may present an opinion or a specific message along with factual

material.

The term "minor" when used in sections 7.1 and 7.5 of this

act shall mean a person under the age of 18 who is required to

attend school under the act of March 10, 1949 (P.L.30, No.14),

known as the "Public School Code of 1949," or the education code

of the person's state of residence.

The term "reality program" when used in this act, shall mean

a genre of program that principally presents unscripted

situations, dialogue and actions depicting or portraying actual

events and generally features ordinary people and not

professional actors.

Section 2.  Section 4 of the act, amended December 9, 2002

(P.L.1347, No.161), is amended to read:

Section 4.  [No] Except as provided in this section and

sections 7.1 and 7.5, no minor under eighteen years of age shall

be employed or permitted to work in, about, or in connection

with any establishment, or in any occupation, for more than six

consecutive days in any one week, or more than forty-four hours

in any one week, or more than eight hours in any one day:

Provided, That messengers employed by telegraph companies at

offices where only one such minor is employed as a messenger in

which case such minor shall not be employed for more than six

consecutive days in any one week, or more than fifty-one hours

in any one week, or more than nine hours in any one day: And

provided further, That no minor under eighteen years of age, who

is enrolled in regular day school and working outside school

hours, shall be employed or permitted to work for more than

twenty-eight hours during a school week.

[No] Except as provided in this section and sections 7.1 and

7.5, no minor under sixteen years of age shall be employed or

permitted to work in, about, or in connection with, any

establishment or in any occupation before seven o'clock in the

morning or after seven o'clock in the evening of any day except

during school vacation period from June to Labor Day when such

minor may work between the hours of seven o'clock in the morning

and ten o'clock in the evening nor shall such a minor who is

enrolled in school and working outside school hours be employed

or permitted to work in, about, or in connection with, any

establishment or in any occupation more than four hours on a

school day, or more than eight hours on any other day, or more

than eighteen hours during a school week: Provided, That,

students fourteen years of age and over whose employment is part

of a recognized school-work program, supervised by a recognized

school authority, may be employed for hours which, combined with

the hours spent in school, do not exceed eight a day: And

further provided, That a minor under sixteen years of age

employed on a farm by a person other than the farmer in the

hatching, raising or harvesting of poultry may be employed or

permitted to work until 10 o'clock in the evening as long as the

minor is not working in an agricultural occupation declared

hazardous by the United States Secretary of Labor.

[No] Except as provided in this section and sections 7.1 and

7.5, no minor under eighteen years of age shall be employed or

permitted to work for more than five hours continuously in,

about, or in connection with, any establishment without an

interval of at least thirty minutes for a lunch period and no

period of less than thirty minutes shall be deemed to interrupt

a continuous period of work.

[No] Except as provided in this section and sections 7.1 and

7.5, no minor under eighteen years of age shall be employed or

permitted to work in, about, or in connection with, any

establishment between the hours of twelve in the evening and six

in the morning if such minor is enrolled in regular day school:

Provided, That, minors sixteen and seventeen years of age may be

employed until, but not after, one o'clock in the morning on

Fridays and Saturdays, and on days preceding a school vacation

occurring during the school year, excepting the last day of such

vacation period.

Notwithstanding any other provision of this section, a minor

who is sixteen or seventeen years of age who is employed during

the months of June, July, August or September by a summer

resident camp or a conference or retreat operated by a religious

or scout organization shall receive one day of rest (twenty-four

consecutive hours of rest) during every seven-day period:

Provided, That this paragraph shall not apply to a minor

employed primarily for general maintenance work or food service

activities.

Section 3.  Section 5 of the act, amended December 15, 1999

(P.L.946, No.67), is amended to read:

Section 5.  No minor under sixteen years of age shall be

employed or permitted to work in, about, or in connection with,

any manufacturing or mechanical occupation or process; nor on

scaffolding; nor in heavy work in the building trades; nor in

stripping or assorting tobacco; nor in any tunnel; nor upon any

railroad, steam, electric or otherwise; nor upon any boat

engaged in the transportation of passengers or merchandise; nor

in operating motor-vehicles of any description; nor in any

anthracite or bituminous coal-mine, or in any other mine.

No minor under eighteen years of age shall be employed or

permitted to work in the operation or management of hoisting

machines, in oiling or cleaning machinery, in motion; at switch-

tending, at gate-tending, at track-repairing; as a brakeman,

fireman, engineer, or motorman or conductor, upon a railroad or

railway; as a pilot, fireman, or engineer upon any boat or

vessel; in the manufacture of paints, colors or white lead in

any capacity; in preparing compositions in which dangerous leads

or acids are used; in the manufacture or use of dangerous or

poisonous dyes; in any dangerous occupation in or about any

mine; nor in or about any establishment wherein gunpowder,

nitroglycerine, dynamite, or other high or dangerous explosive

is manufactured or compounded: Provided, That minors age

fourteen and over may operate power lawn mowing equipment: And

provided further, That such minors may be employed in bowling

centers as snack bar attendants, porters, control desk clerks

and scorer attendants: And provided further, That such minors

may work where such chemicals, compounds, dyes and acids are

utilized in the course of experiments and testing procedures, in

such circumstances and under such conditions and safeguards as

may be specified by rule or regulation of the Department of

Labor and Industry.

No minor under eighteen years of age shall be employed or

permitted to work in, about, or in connection with, any

establishment where alcoholic liquors are distilled, rectified,

compounded, brewed, manufactured, bottled, sold, or dispensed;

nor in a pool or billiard room: Provided, That male or female

minors sixteen years of age and over may be employed and

permitted to work that part of a motel, restaurant, club or

hotel in which liquor or malt or brewed beverages are not

served: And, provided further, That minors sixteen years of age

and over may be employed to serve food, clear tables and perform

other duties, not to include the dispensing or serving of

alcoholic beverages, in any licensed establishment whose sales

of food and nonalcoholic beverages are equal to forty per cent

or more of the combined gross sales of both food and alcoholic

beverages. Before employing any minor sixteen years of age and

over, any establishment licensed by the Liquor Control Board

shall furnish to the school district official authorized to

issue employment certificates a certification that, for a period

of not less than ninety consecutive days during the twelve

months immediately preceding the date of application, the sales

of food and nonalcoholic beverages by the employer at the

licensed premises were equal to or exceeded forty per cent of

the combined gross sales of food, nonalcoholic and alcoholic

beverages in conformity with the requirements set forth in

Regulation 141 of the Liquor Control Board governing the sale of

alcoholic beverages on Sunday. Nothing in this section shall

prevent the filming of a minor in a hotel, club, restaurant or

other dining or recreational facility as a part of a performance

in accordance with the provisions of section 7.1 or 7.5.

Nothing in this section should be construed as prohibiting

minors fourteen and fifteen years of age to be employed at ski

resorts, golf courses and amusement parks, or other similar

recreational establishments as long as they are not permitted to

serve or handle alcoholic beverages and as long as they do not

work in [any room] an area in which alcohol is being served or

stored.

No minor shall be employed or permitted to serve or handle

alcoholic liquor in any establishment where alcoholic liquors

are sold or dispensed; nor be employed or permitted to work in

violation of the laws relating to the operation of motor

vehicles by minors.

In addition to the foregoing, it shall be unlawful for any

minor under eighteen years of age to be employed or permitted to

work in any occupation dangerous to the life or limb, or

injurious to the health or morals, of the said minor, as such

occupations shall, from time to time, after public hearing

thereon, be determined and declared by the Industrial Board of

the Department of Labor and Industry: Provided, That if it

should be hereafter held by the courts of this Commonwealth that

the power herein sought to be granted to the said board is for

any reason invalid, such holding shall not be taken in any case

to affect or impair the remaining provisions of this section.

Section 4.  Section 7.1 of the act, amended or added August

23, 1961 (P.L.1107, No.494), December 21, 1988 (P.L.1908,

No.192) and December 21, 1998 (P.L.1242, No.158), is amended to

read:

Section 7.1.  [(a) The Department of Labor and Industry is

hereby authorized to issue special permits for the employment of

minors seven and under eighteen years of age in theatrical

productions, musical recitals or concerts, entertainment acts,

modeling, radio, television, motion picture making, or in other

similar forms or media of entertainment in Pennsylvania where

the performance of such minor is not hazardous to his safety or

well-being, except as follows:

(1)  No such minor shall be permitted to perform after the

hour of eleven-thirty in the evening.

(2)  No such minor shall be permitted to perform in any place

or establishment where alcoholic beverages are sold or

dispensed.

(3)  No such minor shall be permitted to perform in a boxing,

sparring or wrestling match or exhibition or in an acrobatic or

other act, performance or exhibition hazardous to his safety or

well-being.

(4)  No such minor shall appear in more than two performances

in any one day nor in more than eight performances in any one

week.

(a.1)  In addition to any permit authorized by subsection

(a), the department shall be authorized to issue special permits

for the temporary employment of minors as part of the performing

cast in the production of a motion picture, if the department

determines that adequate provision has been made for the

educational instruction, supervision, health and welfare of the

minor. Unless the department determines that more restrictive

conditions are necessary, special permits authorized by this

subsection shall authorize minors to work as part of the

performing cast for forty-four hours in any one week and eight

hours in any one day. Time spent on the set or on location while

on call shall be excluded from any calculation of the maximum

number of hours authorized by this subsection if the department

determines that adequate provision has been made for the child's

education, supervision and welfare during such intervals. The

department may restrict the number of hours which may be spent

on call by the minor. The department may waive, in whole or in

part, restrictions contained in this act and in any other act,

on the time of day or night allowed for engaging in the

employment authorized by this subsection, if the department

determines that such waiver is necessary to preserve the

artistic integrity of the motion picture and further determines

that such waiver will not impair the educational instruction,

supervision, health and welfare of the minor. Special permits

authorized by this subsection shall be valid for a period of

time not to exceed six months. An issued permit shall state that

no minor, allowed under the permit to be temporarily employed,

may be allowed on a set during, or may otherwise watch, the

filming or rehearsal for filming of any sexual act. Nothing in

this section shall be construed to supersede or repeal in part

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

materials) or 6312 (relating to sexual abuse of children).

(a.2)  A special permit shall not be required under this

section for a minor who participates in a nonprofit,

educational, theatrical production if there is informed, written

consent of a parent or guardian; if the participation is for a

period of no more than fourteen consecutive days; if the

participation is not during school hours; and if the minor

receives no direct or indirect remuneration. All other existing

limitations of this section shall remain applicable.

(b)  Rehearsals for performances as set forth in this section

shall be permitted, providing the length of time and hours of

starting and finishing such rehearsals added to performance

duties are not such as to be injurious or harmful to the minor.

Rehearsal time, if any, expected and the hours of starting and

finishing same shall be set forth in the application as provided

in this section, and the special permit issued shall state what

rehearsal time is permissible.

(c)  Nothing in this section shall be deemed to supersede or

repeal any provisions of this act unless and until such special

permit is issued for any such performance or series of

performances.

(d)  Application forms shall be in such form as shall be

provided by the Department of Labor and Industry. Such forms

shall be signed by both the employer of the minor and the parent

or guardian of the minor, and shall contain the seal of a notary

public and a statement that the facts as set forth in the

application are true and correct. The application shall state

what provisions are in effect to provide for the minor's

educational instruction, supervision, health and welfare and the

safeguarding and conservation for the minor of the moneys

derived from such performances. No special permit shall be

issued for any performance where there is no adequate provision

for such educational instruction, supervision, health and

welfare and the safeguarding and conservation for the minor of

the moneys derived from such performances.

(e)  Appeals of any decision under this section made by the

Department of Labor and Industry shall be to the Industrial

Board which will hold a hearing on same.]

(a)  The Department of Labor and Industry is hereby

authorized to issue a special work permit to a minor who renders

artistic or creative services in theater, radio, television,

movies, the Internet, publications or a medium that may be

transmitted to an audience and the minor receives remuneration

for the performance.

(b)  A minor may engage in a performance if the following

requirements are satisfied:

(1)  The minor has a valid permit issued by the department.

(2)  The performance is not hazardous to the health and

safety of the minor.

(3)  The minor's performance is limited to hours specified in

subsection (e) and those established in regulations promulgated

by the department.

(4)  The performance would not constitute a violation of 18

Pa.C.S. § 5903 (relating to obscene and other sexual materials

and performances) or 6312 (relating to sexual abuse of

children).

(5)  A minor who is under sixteen years of age must be

accompanied by a parent or guardian who must be within sight or

sound of the minor at all times.

(c)  The department shall issue a permit, valid for six

months from its issuance, upon presentment of the following

information in an application prescribed by the department:

(1)  If a minor is subject to compulsory education

requirements, a letter or other document from the minor's school

or school district indicating that the minor is a pupil in good

standing. If the application is made while school is not in

session, the minor must present his or her most recent report

card.

(2)  Verification of the minor's age.

(3)  Permission of a parent or guardian; signature on the

application shall indicate the parent's or guardian's

permission.

(d)  An employer who employs one or more minors in a

performance must possess a permit to employ minors issued by the

department. The department shall issue a permit to employ minors

upon the employer's providing to the department proof of

workers' compensation coverage, if required. The permit to

employ minors shall be valid for three years. The employer shall

be required to pay a fee set by the department, but not to

exceed three hundred fifty ($350.00) dollars for initial

registration and two hundred ($200.00) dollars for subsequent

registration.

(e)  (1)  A minor is prohibited from working more than eight

hours in any workday or more than forty-eight hours in one week. 

A minor may not work past ten o'clock on the night before a

school day or past twelve-thirty in the morning on other nights,

and a minor may not work before five o'clock in the morning.

(2)  The department may waive or modify the restrictions

contained in this subsection if the department reasonably

determines: the parent or guardian approves of the waiver, the

waiver will not impair the educational instruction of the minor;

and the waiver will not compromise the health or safety of the

minor.

(3)  No infant under the age of one month may be employed in

a performance unless a licensed physician provides written

certification that the infant is at least fifteen days old and,

in his medical opinion:

(i)  The infant was carried to full term.

(ii)  The infant was of normal birth weight.

(iii)  The infant is physically capable of handling the

requirements of the performance.

(iv)  The infant's lungs, eyes, heart and immune system are

sufficiently developed to withstand any potential risks.

(4)  The department may promulgate further regulations

governing the working hours for minors under this subsection.

(f)  (1)  A minor performer shall fulfill educational

requirements as set forth in the act of March 10, 1949 (P.L.30,

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

requirements of the state in which the minor performer resides.

A minor who has not completed such requirements shall be subject

to paragraph (2).

(2)  An employer employing, either directly or indirectly

through a third person, a minor for three or more school days in

a thirty day period shall provide a teacher who has credentials

issued by the Department of Education, a state recognized by the

Department of Education, or a state in which the minor resides.

This requirement shall apply beginning on the second day that

the minor renders services for that employer and shall continue

on each day thereafter that  the school of the minor's place of

residence is in session and the minor is rendering services. A

minor receiving instruction from a teacher provided pursuant to

this provision shall not be declared absent from school while

working under the permit requirement in accordance with this

section. The requirements of this section shall only be

applicable when school is in session and the minor is not

receiving educational instruction at his regular school due to

his employment schedule.

(3)  A minor receiving educational instruction under this

section, and such minor's parent or guardian, shall work with

the teacher provided to the minor and the minor's school of

enrollment to fulfill the educational requirements.

(4)  If there is a hiatus in a production that employs a

minor under this section, a teacher shall be provided to the

minor during the hiatus for periods when school is in session,

pursuant to the requirements described in the section, unless

the minor is able to attend his regular school.

(5)  Where this section requires that an employer provide a

teacher to a minor, the employer shall provide a ratio of at

least one teacher for every ten minors unless the minors are

within two grade levels, in which case the employer shall

provide a ratio of at least one teacher for every twenty minors.

(6)  School districts shall have the authority, in

cooperation with the Department of Education and the parent or

guardian of the minor, to develop alternative methods by which

minors may satisfy their educational requirements at times

outside the normal school day. Alternative methods under this

paragraph shall be no more restrictive than those set forth in

this section.

(g)  (1)  (i)  Within thirty days following the final day of

employment, except when the period of employment is longer than

thirty days, a minor's employer is required to transfer fifteen

percent of gross earnings to the custodian or trustee of the

minor's trust account established under 20 Pa.C.S. Ch. 53

(relating to Pennsylvania Uniform Transfers to Minors Act) or an

account previously established under a similar law in another

state. When the employment is longer than thirty days, the

employer shall make the required transfer every payroll period.

(ii)  If the minor's employer has not been notified within

fifteen days of commencement of employment of the existence of a

trust account established under 20 Pa.C.S. Ch. 53, or no such

account has been established by the minor's parent or guardian,

then the minor's employer shall transfer such monies together

with the minor's name and last known address to the State

Treasurer for placement into an account for the benefit of the

minor.

(iii)  Once the transfers have been made to the trust account

established under 20 Pa.C.S. Ch. 53 or the treasurer's account,

the minor's employer has no further duty under this subsection.

(iv)  The employer's obligations under this subsection shall

terminate when the minor reaches eighteen years of age.

(2)  (i)  Within fifteen days of the commencement of

employment, the minor's parent or guardian must establish a

trust account in accordance with 20 Pa.C.S. Ch. 53, unless an

account has previously been established in this Commonwealth or

under a similar law in another state. Once the trust account has

been established, the minor's parent or guardian shall notify

the minor's employer of the existence of the account and any

additional information required by the employer to comply with

this subsection.

(ii)  The trustee of the account shall promptly notify the

minor's employer of a change in facts that affects the

employer's obligation to set aside funds under this subsection.

(iii)  Upon written request of the minor's parent or

guardian, the trustee may require the minor's employer to

transfer more than fifteen percent of the gross earnings to the

child performer's trust account.

(iv)  The minor's parent or guardian may serve as trustee of

the child performer trust account.

(v)  Once the minor's trust account balance reaches one

hundred-fifty thousand ($150,000.00) dollars or more, a trust

company shall be appointed by the minor's parent or guardian to

serve as trustee of the account.

(3)  The minor may terminate the child performer trust

account upon reaching the age of eighteen.

(h)  Nothing in this section shall be construed to require a

permit for a minor's participation in a church, school,

community or charitable activity, for which the minor receives

no compensation or remuneration.

Section 5.  The act is amended by adding sections to read:

Section 7.5.  (a)  A minor may participate in a reality or

documentary program if the following conditions are met:

(1)  Participation in the reality or documentary program is

not hazardous to the health and safety of the minor.

(2)  Participation would not constitute a violation of 18

Pa.C.S. § 5903 (relating to obscene and other sexual materials

and performances) or 6312 (relating to sexual abuse of

children).

(b)  Where a minor or one or more members of the minor's

family receive compensation that expressly depends upon the

minor's participation in a reality or documentary program and

the minor's participation is substantial, the minor shall have a

valid permit issued by the Department of Labor and Industry. For

the purposes of this subsection, the following terms shall have

the following meanings:

(1)  "Family" shall mean members of a minor's immediate

family, including the minor's mother, father, brother or sister.

(2)  "Compensation" shall include one or more monetary

payments, but shall not include reimbursement for expenses

incurred by the minor or the minor's family, any prize or goods

or services received in connection with the program with a value

less than $2,500.

(3)  "Substantial" shall mean the minor is a principal

subject of the reality or documentary program or the minor

participates in the filming of the reality or documentary

program for ten (10) or more days in a thirty (30) day period.

(c)  The department shall issue a permit under the following

conditions:

(1)  The department determines that adequate provision has

been made for the minor's educational instruction, supervision,

health and safety.

(2)   The minor may not work past ten o'clock on the night

before a school day or past twelve-thirty in the morning on

other nights, and a minor may not work before five o'clock in

the morning.

(3)  The minor's participation does not exceed eight hours in

a day or forty-eight hours in a week.

(4)  The department may waive or modify the restrictions

contained in this section if the department reasonably

determines:

(i)  The waiver is necessary in light of the nature of the

program.

(ii)  The parent or guardian approves the waiver.

(iii)  The waiver will not impair the educational instruction

of the minor.

(iv)  The waiver will not compromise the health or safety of

the minor.

(5)  The application for a minor's work permit must comply

with the following:

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

the person or entity responsible for filming and the parent or

guardian.

(ii)  State the legal name, address and date of birth of the

minor.

(iii)  State the name and type of production and the nature

of the minor's participation.

(iv)  State the name and address of the parent or guardian

who will supervise the minor's participation in the reality or

documentary program.

(v)  State the dates of the minor's expected participation,

hours of the minor's participation and length of time the minor

will participate.

(vi)  State the name and contact information of the person or

entity responsible for filming.

(vii)  Contain proof of workers' compensation insurance by

the person or entity responsible for filming in accordance with

the act of June 2, 1915 (P.L.736, No.338), known as the Workers'

Compensation Act, if required.

(viii)  Contain a description of the compensation for the

minor's participation.

(ix)  If applicable, satisfy the requirements of section 7.1

regarding the preservation of the minor's earnings.

(x)  Where participation in the reality or documentary

program necessitates the minor's absence from his regular

school, satisfy the education and schooling requirements of

section 7.1.

(d)  (Reserved).

(e)  A permit is valid for the duration of the minor's

participation in the reality or documentary program for which it

is issued. The department  may, on a semi-annual basis, review a

reality or documentary program and the participation of the

minor to ensure:

(1)  The minor's health and safety is protected.

(2)  The educational instruction of the minor is not

impaired.

(3)  The minor's earnings, if any, are properly preserved in

a trust in accordance with section 7.1(g).

(f)  The  permit requirements of this section shall not apply

to news gathering activities or game shows.

(g)  Nothing in this section shall be construed to require a

permit for a minor's participation in a church, school,

community or charitable activity, for which the minor receives

no compensation or remuneration.

Section 7.6.  (a)  The department may revoke a special permit

if:

(1)  there has been a violation of this act related to the

employment of the minor in the performance;

(2)  the permit application contained false, misleading and

substantially incorrect information or the applicant or minor is

no longer performing in accordance with the information provided

on the application;

(3)  a condition of issuance of the permit is not being met;

or

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

welfare.

(b)  The department may revoke a special permit under this

section without a hearing. Revocation may be appealed to the

Secretary of Labor and Industry, who shall conduct a hearing

subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and

procedure of Commonwealth agencies) and 7 Subch. A (relating to

judicial review of Commonwealth agency action). The revocation

may remain in effect until the Secretary of Labor and Industry

issues a decision.

Section 6.  Sections 8 and 10 of the act, amended December

21, 1988 (P.L.1908, No.192), are amended to read:

Section 8.  (a)  [Before] Except as provided for in sections

7.1 and 7.5, before any minor under eighteen years of age shall

be employed, permitted or suffered to work in, about, or in

connection with, any establishment, or in any occupation, the

person employing such minor shall procure and keep on file, and

accessible to any attendance officer, deputy factory inspector,

or other authorized inspector or officer charged with the

enforcement of this act, an employment certificate as

hereinafter provided, issued for said minor.

(b)  Any minor who has reached the age of sixteen may receive

a transferable work permit instead of an employment certificate

from the appropriate issuing official. All transferable work

permits shall be valid for the entire period the minor is 

eligible for work and is under the age of eighteen. The employer

shall ensure that the minors have valid transferable work

permits in accordance with sections 17 and 17.1.

Section 10.  [Application] Except as provided for in sections

7.1 and 7.5, application for the employment certificate must be

made by the parent, guardian, or legal custodian of the minor

for whom such employment certificate or transferable work permit

is requested; or, if said minor have no parent, guardian, or

legal custodian, then by the next friend, who must be over

eighteen years of age. In lieu of the personal appearance of the

parent, guardian, legal custodian, or next friend of the minor,

such person may execute a statement before a notary public or

other person authorized to administer oaths attesting to the

accuracy of the facts set forth in the application on a form

prescribed by the Department of Education, which statement shall

be attached to the application. No employment certificate shall

be issued until the said minor has personally appeared before,

and been examined by, the officer issuing the certificate,

except that where the applicant is a graduate of an accredited

high school and exhibits official proof of such graduation, no

personal appearance or countersigned application shall be

required.

Section 7.  This act shall take effect October 1, 2011.

Section 1.  Short title.

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

Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

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

Commonwealth.

"Documentary program."  A genre of motion picture program,

including programming for television, that depicts or portrays a

nonfiction story and may present an opinion or a specific

message along with factual material.

"Employ."  To hire, permit or allow a minor to work for

compensation to the minor or any other person.

"Employer."  A person that employs a minor.

"Enforcement officer."  Any of the following:

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

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

attorney of the Office of General Counsel who is assigned to

the department.

(2)  A chief school administrator.

(3)  A home and school visitor.

(4)  An attendance officer appointed under sections 1341

and 1342 of the act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949.

(5)  An issuing officer.

(6)  A law enforcement officer.

"Establishment."  A place within this Commonwealth where work

is done for compensation of any kind.

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

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

"Hours of employment."  Hours outside school hours

established by the appropriate school district, except that the

provisions of section 5 shall apply to a minor engaged in a

performance.

"Issuing officer."  One of the following:

(1)  A district superintendent or supervising principal

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

does not have a district superintendent or supervising

principal, the secretary of the board of school directors of

the district.

(2)  An individual authorized in writing by the

appropriate individual under paragraph (1) to issue a

certificate or permit.

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

"Perform" or "performance."  The providing of artistic or

creative services to a live audience or recorded for exhibition

or broadcast to an audience. This term shall include modeling.

"Person."  The Commonwealth, any political subdivision,

instrumentality or authority of a political subdivision, an

individual, a partnership, a corporation, a nonprofit

corporation or an unincorporated association.

"Reality program."  A genre of program that principally

presents actual events and generally features ordinary people

and not professional actors.

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

through Friday when school is in session.

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

required to be in school as established by the school district

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

Sundays, except where one or more vacation days precede or

follow Saturday or Sunday.

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

Commonwealth or the secretary's designee.

"Volunteer emergency service organization."  A volunteer fire

company, volunteer ambulance organization, volunteer rescue

organization, a volunteer forest firefighting organization or a

volunteer organization of emergency service personnel who are

expected to respond to medical emergencies or large-scale

disasters. 

"Work permit."  A transferable work permit allowing

employment of a minor.

Section 3.  Time limitations on employment of minors.

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

hours continuously without an interval of at least 30 minutes

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

deemed to interrupt a continuous period of work.

(b)  Time restriction.--Except for newspaper delivery under

section 14, a minor may not be employed for more than six

consecutive days. 

(c)  Age restriction.--Except as set forth under sections

4(d) and 5, no individual under 14 years of age may be employed.

(d)  Hours of employment for minors 14 and 15 years of age.--

Except as set forth under subsection (e) and performances under

section 5, the hours of employment for individuals 14 and 15

years of age shall be limited as follows:

(1)  The minor may not be employed before 7 a.m. or after

7 p.m., except that during a school vacation period a minor

shall be permitted to be employed until 9 p.m. The department

may promulgate regulations under this paragraph which

establish a procedure for an employer that is not subject to

the Fair Labor Standards Act to receive an extension until 10

p.m. 

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

hours on a school day or more than eight hours on a day when

there is no school.

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

during a regular school week.

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

during a week when school is not in session.

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

limitation set forth in paragraph (3).

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

prohibitions of subsection (d):

(1)  Individuals who are at least 14 years of age or

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

other than the farmer in the hatching, raising or harvesting

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

agricultural occupation declared hazardous by the United

States Secretary of Labor.

(2)  Newspaper and periodical delivery under section 14.

(3)  Students 14 years of age or older whose employment

is part of a recognized school-work program supervised by a

recognized school authority may be employed for hours which,

combined with the hours spent in school, do not exceed eight

hours in a day.

(f)  Hours of employment for minors 16 years of age or

older.--The hours for employment for minors who are 16 years of

age or older are as follows:

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

years of age or older shall be limited as follows:

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

hours per week during a regular school week.

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

eight hours in a single day.

(iii)  The minor may not be employed before 6 a.m. or

after 12 midnight, except that during a school vacation

period a minor shall be permitted to be employed until 1

a.m.

(2)  During a school vacation, an individual who is 16

years of age or older shall be limited as follows:

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

hours in a single day.

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

hours in a single week provided that any hours worked

more than 44 in a single week shall be voluntarily agreed

to by the minor and further provided that the minor may

reject any request for employment in excess of 44 hours

in a single week without retaliation.

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

limitations set forth under paragraph (1).

(4)  An individual who is 16 years of age or older who is

employed as a counselor, counselor-in-training or junior

counselor during the school vacation period by a summer

resident camp or a conference or retreat operated by a

religious or scout organization shall receive 24 consecutive

hours of rest during every seven-day period. This paragraph

does not apply to a minor employed primarily for general

maintenance work or food service activities.

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

(i)  is a high school graduate; or

(ii)  is exempt from compulsory school attendance

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

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

of 1949.

(g)  Applicability.--This section shall not apply to minors

engaging in a performance under section 5.

Section 4.  Occupations and establishments.

(a)  Prohibition.--Minors may not be employed in the

following:

(1)  Establishments where alcoholic beverages are

produced, sold or dispensed except as follows: 

(i)  Notwithstanding any other provisions of law, a

hotel, restaurant or club liquor licensee or any retail

dispenser may allow students receiving instruction in a

performing art to perform an exhibition if the students

are not compensated and are under proper supervision in

accordance with the act of April 12, 1951 (P.L.90, No.21)

known as the Liquor Code.

(ii)  An individual under 16 years of age may be

employed at a continuing-care retirement community, ski

resort, bowling alley, golf course, amusement park or

other similar recreational establishment where alcoholic

beverages are served as long as the individual is not

permitted to handle or serve the beverages and is not

employed in an area where the beverages are stored or

served.

(iii)  A minor 16 years of age or older may be

employed in that part of the establishment in which

alcoholic beverages are not served.

(iv)  A minor 16 years of age or older may be

employed in a hotel, club or restaurant where alcoholic

beverages are served if the employment consists of

serving food, clearing tables and related duties,

provided that that the establishment has a valid permit

for Sunday sales issued by the Pennsylvania Liquor

Control Board and the minor's duties do not include

dispensing or serving alcoholic beverages. Before

employing a minor under this subsection, an establishment

licensed by the Pennsylvania Liquor Control Board for

Sunday sales must submit to the issuing officer a copy of

the current valid permit for Sunday sales.

(2)  In any occupation or establishment designated as

hazardous and otherwise prohibited under the Fair Labor

Standards Act and regulations under that act.

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

vessel; on a railroad or railway as a track repairman, gate-

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

or conductor; or in the manufacture of paint, color or white-

lead, poisonous dyes or compositions using dangerous lead or

acids; and minors under 16 years of age shall not be

permitted to strip or sort tobacco, work on scaffolding or

work in a tunnel.

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

employed or permitted to conduct youth peddling, which

entails the selling of goods or services to customers at

locations other than the minor-employer's establishment, such

as the customers' residences or places of business or public

places such as street corners and public transportation

stations. Prohibited activities associated with youth

peddling not only include the attempt to make a sale or the

actual consummation of a sale, but also the preparatory and

concluding tasks normally performed by a youth peddler in

conjunction with his or her sales, such as the loading and

unloading of vans or other motor vehicles, the stocking and

restocking of sales kits and trays, the exchanging of cash

and checks with the employer and the transportation of minors

to and from the various sales areas by the employer.

Prohibited youth peddling also includes such promotion

activities as the holding, wearing or waving of signs,

merchandise, costumes, sandwich boards or placards in order

to attract potential customers, except when performed inside

or directly in front of the employer's establishment

providing the product, service or event being advertised.

This paragraph does not prohibit a minor salesperson from

conducting sales for his or her employer on property

controlled by the employer that is out of doors but may

properly be considered part of the employer's establishment.

Minors may conduct sales in such employer exterior

facilities, whether temporary or permanent, as garden

centers, sidewalk sales and parking lot sales, when employed

by that establishment. Youth peddling does not include the

activities of persons who, as volunteers and without

compensation, sell goods or services on behalf of

eleemosynary organizations or public agencies.

(b)  List.--The department shall publish a list in the

Pennsylvania Bulletin which shall constitute hazardous or

otherwise prohibited establishments or occupations under this

act. The list shall consist of those occupations and

establishments prohibited under subsection (a)(2) and those

establishments and occupations specifically enumerated as

hazardous or prohibited in this act.

(c)  Additional occupations.--The department may establish

additional prohibited or hazardous occupations or establishments

which are not included in subsection (b), through regulation. 

(d)  Occupations for minors less than 14 years of age.--An

individual less than 14 years of age may be employed as follows:

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

employed as a caddy if the minor does not carry more than one

golf bag at a time and employment is not for more than 18

holes of golf in a single day.

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

engage in the delivery of newspapers as set forth under

section 14.

Section 5.  Employment of minors in a performance.

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

engaged in a performance if:

(1)  The minor models or renders artistic or creative

expression in a live performance, on the radio, on

television, in a movie, over the Internet, in a publication

or via any other broadcast medium that may be transmitted to

an audience and any person receives remuneration for the

performance. Rehearsal for this activity is part of the

performance.

(2)  The minor participates in a reality or documentary

program that expressly depends upon the minor's

participation, the minor's participation is substantial and

any person receives remuneration for the minor's

participation. For the purposes of this subsection:

(i)  Remuneration shall include one or more monetary

payments, but shall not include reimbursement for

expenses incurred by the minor or the minor's family, any

prize or goods or services received in connection with

the program with a value of less than $2,500.

(ii)  "Substantial" shall mean the minor is a

principal subject of the reality or documentary program

or the minor participates in the filming of the reality

or documentary program for ten or more days in a 30-day

period.

(b)  Requirements.--No minor may engage in a performance

without an entertainment permit issued by the department. A

minor may engage in a performance if the minor has an

entertainment permit from the department for the length of the

performance as provided for in subsection (c) and all of the

following requirements are satisfied:

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

safety or well-being.

(2)  The minor's work hours do not exceed those

permissible under subsection (d).

(3)  For live productions, the minor does not appear in

more than three performances in a single day or ten

performances in a single calendar week. For purposes of this

paragraph, a calendar week shall be Sunday to Saturday.

(4)  The performance does not involve:

(i)  an act that constitutes sexual abuse or sexual

exploitation of minors;

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

bona fide school-related athletic or recognized amateur

competition or activity or noncontact portrayal;

(iii)  activities having a high level of inherent

danger including activities involving speed, height, a

high level of physical exertion and highly specialized

gear or spectacular stunts;

(iv)  an acrobatic act that is hazardous to the

minor's safety or well-being;

(v)  use of or exposure to a dangerous weapon or

pyrotechnical device;

(vi)  a hazardous performance, act or exhibition as

defined by the department. The department shall publish a

list in the Pennsylvania Bulletin which shall constitute

prohibited hazardous performances, acts or exhibitions

under this section, provided that the department, within

three years of such publication, promulgate a regulation

setting forth hazardous performances, acts or

exhibitions; or

(vii)  in any occupation designated as hazardous and

otherwise prohibited under the Fair Labor Standards Act.

(5)  A parent or guardian of a minor is permitted to be

within sight or sound of the minor at all times.

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

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

months and may be renewed under this subsection.

(2)  The department may charge a fee for each

entertainment permit which shall be set through regulation.

(3)  An application for an entertainment permit shall:

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

signed by the employer of the minor and the parent or

legal guardian of the minor;

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

in the application are correct subject to the provisions

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

to authorities);

(iii)  state the legal and professional name of the

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

and permanent address of a parent or guardian of the

minor, the name of the minor's parent or representative

of the parent who will accompany the minor to rehearsals

and performances, whether the minor has performed in

other states requiring a permit or certificate to perform

and whether the permit or certificate was obtained;

(iv)  for infants under the age of one month, include

written certification from a licensed physician that the

infant is physically capable of handling the requirements

of the performance;

(v)  set forth, for all performances during school

hours, accurate information regarding:

(A)  the name and address of the school attended

and of the school district where the minor resides;

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