Bill Text: PA HB1548 | 2011-2012 | Regular Session | Amended

---

Bill Title: Regulating child labor; conferring powers and duties on the Department of Labor and Industry and the Department of Education; imposing penalties; and making a repeal.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-10-24 - Act No. 151 [HB1548 Detail]

Download: Pennsylvania-2011-HB1548-Amended.html

---

SENATE AMENDED
PRIOR PRINTER'S NOS. 1899, 2087, 2183, 3578 PRINTER'S NO. 4148
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1548 Session of2011
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 CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, OCTOBER 1, 2012
AN ACT
Amending the act of May 13, 1915 (P.L.286, No.177), entitled, as <--
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 <--
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.
20110HB1548PN4148 - 2 -
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, <--
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
20110HB1548PN4148 - 3 -
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
20110HB1548PN4148 - 4 -
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
20110HB1548PN4148 - 5 -
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
20110HB1548PN4148 - 6 -
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
20110HB1548PN4148 - 7 -
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:
20110HB1548PN4148 - 8 -
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
20110HB1548PN4148 - 9 -
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.
20110HB1548PN4148 - 10 -
(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
20110HB1548PN4148 - 11 -
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.
20110HB1548PN4148 - 12 -
(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.
20110HB1548PN4148 - 13 -
(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
20110HB1548PN4148 - 14 -
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
20110HB1548PN4148 - 15 -
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
20110HB1548PN4148 - 16 -
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
20110HB1548PN4148 - 17 -
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
20110HB1548PN4148 - 18 -
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
20110HB1548PN4148 - 19 -
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
20110HB1548PN4148 - 20 -
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
20110HB1548PN4148 - 21 -
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. <--
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
20110HB1548PN4148 - 22 -
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.
20110HB1548PN4148 - 23 -
"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
20110HB1548PN4148 - 24 -
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
20110HB1548PN4148 - 25 -
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 of 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
20110HB1548PN4148 - 26 -
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)
20110HB1548PN4148 - 27 -
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
20110HB1548PN4148 - 28 -
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.
20110HB1548PN4148 - 29 -
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
20110HB1548PN4148 - 30 -
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
20110HB1548PN4148 - 31 -
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
20110HB1548PN4148 - 32 -
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, if known, 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;
20110HB1548PN4148 - 33 -
(B) the grade the minor has completed in school;
(C) the hours per week the minor attends school;
and
(D) a verification signed by the principal of
the school attended by the minor or the issuing
officer of the minor's school district that the
performance and rehearsals will not interfere with
the educational instruction or school progress of the
minor or a guarantee that arrangements are made for a
qualified tutor for the minor. If the minor is to be
tutored, the application shall set forth the name and
address of the tutor, whether the tutor is a
certified teacher, the name and address of the school
official approving the subjects for tutoring and the
tutoring arrangements and the number of hours per
week the minor is to be tutored; and
(vi) provide any additional requirements set by the
department through regulation.
(4) An appeal of a decision by the department under this
subsection must be made to the secretary. The secretary shall
hold a hearing on the appeal.
(5) The work permit requirements of section 9 do not
apply to the issuance of permits under this section.
(6) The department may require by regulation employers
employing minors in performances to obtain permits and may
charge a fee for such permits.
(7) The department may waive any or all requirements in
this section, with the exception of paragraph (3)(iv) for a
performance of one day or less. The department shall indicate
any waiver by any written means of communication, including,
20110HB1548PN4148 - 34 -
but not limited to, facsimile or e-mail.
(d) Working hours for child performers.--The amount of time
minors are permitted at the place of employment within a 24-hour
period is limited according to age, as follows:
(1) Infants who have not reached six months of age may
be permitted to remain at the place of employment for a
maximum of two hours.
(2) Minors who have reached the age of six months of age
but who have not attained two years of age may be permitted
at the place of employment for a maximum of four hours and
may work no more than two hours.
(3) Minors who have reached two years of age but who
have not attained six years of age may be permitted at the
place of employment for a maximum of six hours and may work
no more than three hours.
(4) Minors who have reached six years of age but who
have not attained nine years of age may be permitted at the
place of employment for eight hours and may work no more than
four hours.
(5) Minors who have reached nine years of age but who
have not attained sixteen years of age may be permitted at
the place of employment for nine hours and may not work more
than five hours.
(6) Minors who have reached sixteen years of age but who
have not attained eighteen years of age may be permitted at
the place of employment for ten hours and may not work more
than six hours.
(7) When any minor between 14 and 18 years of age
obtains permission from school authorities to work during
school hours for a period not to exceed two consecutive days,
20110HB1548PN4148 - 35 -
the working hours for such minor during either or both of
such days may be extended to but shall not exceed eight hours
in a 24-hour period.
(8) Allowable meal periods shall not be counted toward
maximum hours permitted at the place of employment nor
counted as work time for any purpose. A meal period shall not
be less than one-half hour nor more than one hour in length.
(9) For minors of school age who have not fulfilled
compulsory education requirements and who have a work
schedule that requires education while employed as provided
in subsection (g), the nonwork time at the place of
employment shall include education, rest and recreation.
(10) The work day for a minor shall begin no earlier
than 5 a.m. and shall end no later than 10 p.m. on evenings
preceding school days. On evenings preceding nonschool days,
the minor's work day shall end no later than 12:30 a.m. on
the morning of the nonschool day.
(11) Twelve hours must elapse between the minor's time
of dismissal and time of call on the following day. If the
minor's regular school starts less than 12 hours after his or
her dismissal time, the minor must be schooled the following
day at the employer's place of business.
(12) With respect to any minor providing services at the
minor's residence, this section shall not govern or limit the
number of hours the minor is present at the residence, but
shall instead apply solely to the hours the minor is
providing such services.
(e) Child performer trust account.--
(1) An irrevocable child performer trust account or a
qualified tuition program established and maintained in
20110HB1548PN4148 - 36 -
accordance with section 529 of the Internal Revenue Code of
1086 (Public Law 99-154, 26 U.S.C. § 529) by this
Commonwealth, another state, an agency or instrumentality of
this Commonwealth or another state, or by one or more
eligible educational institutions shall be established for a
minor if the minor is entitled to receive residuals in
accordance with a principal agreement or earnings are
anticipated to exceed $2,500 for the production or if the
minor has already earned in excess of $2,500 in prior
employment in performance. A child performer trust account
established in another state shall meet the requirements of
this subsection.
(2) All of the following govern the child performer
trust account or qualified tuition program established under
paragraph (1):
(i) The parent or legal guardian shall establish the
account for the benefit of the minor.
(ii) The parent or legal guardian shall provide to
the employer the information necessary to enable the
employer to transfer funds into a child performer trust
account or qualified tuition program. The information
shall be provided on or before the start of paid
employment.
(iii) The employer shall transfer to the child
performer trust account not less than 15% of:
(A) total compensation prior to all taxes,
deductions and commissions payable to the minor or
the minor's parent or guardian under contract; or
(B) in the case of payment to a third party,
total compensation paid to the third party for the
20110HB1548PN4148 - 37 -
minor's services.
(iv) In the case of employment for 30 days or less,
the employer shall transfer the required amount to the
child performer trust account or qualified tuition
program within 30 days of the final day of employment.
Such transfer shall be made in accordance with 20 Pa.C.S.
Ch. 53 (relating to Pennsylvania Uniform Transfers to
Minors Act).
(v) In the case of employment for longer than 30
days, the employer shall transfer the required amount to
the child performer trust account or qualified tuition
program every payroll period. Such transfer shall be made
in accordance with 20 Pa.C.S. Ch 53.
(vi) If the minor's employer has not been notified
within 15 days of commencement of employment of the
existence of a child performer trust account or a
qualified tuition program or no such child performer
trust account or tuition program has been established by
the minor's parent or guardian, then the minor's employer
shall transfer such moneys together with the minor's name
and last known address to the State Treasurer for
placement into a child performer trust account for the
benefit of the minor.
(vii) Once the transfers have been made to the child
performer trust account, tuition program or the State
Treasurer's office, the employer has no further duty
under this subsection.
(viii) The employer's obligations under this
subsection shall terminate when the minor reaches 18
years of age.
20110HB1548PN4148 - 38 -
(ix) There shall be no obligations under this
subsection where a minor is emancipated.
(x) The minor's parent or legal guardian may serve
as custodian. If the child performer trust account
reaches at least $150,000 or a higher amount set by the
department through regulation, a trust company or
independent custodian shall be appointed.
(xi) Proceeds of the child performer trust account
shall remain in trust until the minor reaches at least 18
years of age. Proceeds may be distributed to the minor
before 18 years of age only for the minor's legitimate
health and educational needs. Proceeds may remain in
trust for distribution to the minor after 18 years of age
if the parent or guardian determines that it would serve
the health, education and financial interests of the
minor.
(f) Education.--
(1) An employer employing, either directly or indirectly
through a third person, a minor who is guaranteed three or
more consecutive days of employment shall provide a teacher
or properly qualified private tutor as set forth in the act
of March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949, who has an instructional certificate issued by
the Department of Education, or a teacher with a comparable
certificate in the state in which the minor resides. This
requirement shall apply beginning on the first 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. The requirements of this section shall only be
20110HB1548PN4148 - 39 -
applicable when school is in session and the minor is not
receiving educational instruction at the minor's school of
enrollment due to his employment.
(2) In the event the minor is not guaranteed three or
more consecutive days of employment, an employer shall
provide a teacher or properly qualified private tutor as set
forth in the Public School Code of 1949 who has an
instructional certificate issued by the Department of
Education, or a teacher with a comparable certificate in the
state in which the minor resides on the third day of missed
educational instruction through the remainder of the minor's
employment on the production.
(3) If there is a hiatus in a production that employs a
minor under this section, a teacher or properly qualified
private tutor shall be provided to the minor during the
hiatus for periods when school is in session, pursuant to the
requirements described in this section, unless the minor is
able to attend his school of enrollment.
(4) Where this section requires that an employer provide
a teacher or properly qualified private tutor to a minor, the
employer shall provide a ratio of at least one teacher or
properly qualified private tutor 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 or
properly qualified private tutor for every 20 minors.
(5) School districts shall have the authority, in
cooperation with 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
20110HB1548PN4148 - 40 -
more restrictive than those set forth in this section.
(g) Waiver.--The department may waive one or more <--
restrictions contained in this section if the department
determines the waiver is necessary to preserve the artistic
integrity of the performance, will not impair the educational
instruction, health or safety of the minor and written
permission is obtained from the minor's parent or guardian. Any
request for a waiver shall be considered by the department and
shall be submitted in writing at least 48 hours in advance of
the time needed for the waiver.
(g) Waiver.--The department may waive one or more <--
restrictions contained in this section, including, but not
limited to, subsection (b)(4)(iii), (iv) and (v), if the
department determines the waiver is necessary to preserve the
artistic integrity of the performance, will not impair the
educational instruction, health or safety of the minor and
written permission is obtained from the minor's parent or
guardian. The waiver request shall be submitted in writing at
least 48 hours in advance of the time needed for the waiver and
the department shall approve or reject the waiver.
(h) Foreign nationals.--In the case of a minor who is a
foreign national temporarily in the United States and who will
not be residing in this Commonwealth for more than 35 days in a
calendar year, the requirements of subsections (e) and (f) shall
not be applicable provided the employer certifies that the minor
has satisfied the educational requirements of the minor's
country of citizenship or is being offered access to
age‑appropriate educational instruction and that the minor's
earnings are being paid to the minor or a third party in a
manner that ensures conservation of the minor's earnings.
20110HB1548PN4148 - 41 -
(i) Conflict.--Nothing in this section shall be construed to
supersede or repeal:
(1) any provision of this act, unless an entertainment
permit is issued in accordance with this section; or
(2) 18 Pa.C.S. § 5903 (relating to obscene and other
sexual materials and performances) or 6312 (relating to
sexual abuse of children).
(3) Any collective bargaining agreement or any contract <--
that establishes more stringent requirements than those in
this act.
(j) Revocation of permit.--The following shall apply:
(1) The department may revoke an entertainment permit
if:
(i) there has been a violation of this act related
to the employment of the minor in the performance;
(ii) the permit application contained false,
misleading or substantially incorrect information or the
applicant or minor is no longer performing in accordance
with the information provided on the application;
(iii) a condition of issuance of the permit is not
being met; or
(iv) there is danger to the minor's health, safety
or welfare.
(2) The department may revoke a permit under this
section without a prior hearing. Revocation may be appealed
to the secretary, 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 shall remain in effect until the secretary issues
20110HB1548PN4148 - 42 -
a decision.
(k) Special entertainment permits.--The department may issue
entertainment permits required by this section to minors who
participate in professional acrobatic performances, irrespective
of the limitation in subsection (b)(4)(iv) if the following
criteria are met:
(1) The performance is part of a nationally recognized
or internationally recognized circus.
(2) Appropriate trained medical personnel are onsite at
all performance times.
(3) The minor has a physician's statement of health
issued within the previous 12 months.
(4) The employer makes a professional teacher available
to all minor performers.
(5) The performances do not involve high-wire or trapeze
acts.
(l) Applicability.--This section does not apply to a minor
who:
(1) is a high school graduate; or
(2) is exempt from compulsory school attendance
requirements under section 1330(1) of the Public School Code
of 1949.
Section 6. Sports-attendant services.
(a) General rule.--Section 3(d)(1), (2) and (3) shall not
apply to an individual 14 through 15 years of age and section
3(f)(1), and (2) shall not apply to an individual 16 through 17
years of age, if the minor is employed to perform sports-
attendant services at professional sporting events under this
section.
(b) Sports-attendant duties.--A minor is employed to perform
20110HB1548PN4148 - 43 -
sports-attendant duties if the minor performs any of the
following duties at a baseball, basketball, football, soccer,
tennis or similar athletic event:
(1) Pregame and postgame or practice setup of balls,
items and equipment.
(2) Supplying and retrieving balls, items and equipment
during a sporting event.
(3) Clearing the field or court of debris and moisture
during play.
(4) Providing ice, drinks and towels to players during
play.
(5) Running errands for trainers, managers, coaches and
players before, during and after a sporting event.
(6) Returning or storing balls, items and equipment in
clubhouse or locker rooms after a sporting event.
Section 7. Minors serving in volunteer emergency service
organizations.
(a) General rule.--An individual who is 14 years of age or
older who is a member of a volunteer emergency service
organization may participate in training and emergency service
activities except as follows:
(1) A minor may not operate a truck, ambulance or other
official fire vehicle.
(2) A minor may not operate an aerial ladder, aerial
platform or hydraulic jack.
(3) A minor may not use rubber electrical gloves,
insulated wire gloves, insulated wire cutters, life nets or
acetylene cutting units.
(4) A minor may not operate the pump of a fire vehicle
while at the scene of a fire.
20110HB1548PN4148 - 44 -
(5) A minor may not enter a burning structure under any
circumstance including a training exercise.
(6) A minor may not engage in firefighting activities
unless all of the following apply:
(i) The minor is 16 years of age or older.
(ii) The minor has successfully completed a course
of training equal to the standards for basic firefighting
established by the State Fire Commissioner and the
Department of Conservation and Natural Resources.
(iii) The minor is under the direct supervision and
control of the fire chief, an experienced line officer or
a designated forest fire warden.
(b) Additional limitations.--In addition to the limitations
set forth under subsection (a), the activities of individuals
more than 13 years of age and less than 16 years of age shall be
further limited as follows:
(1) An individual who is more than 13 years of age and
less than 16 years of age shall only be permitted to perform
the following activities:
(i) Training.
(ii) First aid.
(iii) Cleanup service at the scene of a fire,
outside the structure and after the fire has been
declared by the fire official in charge to be under
control.
(iv) Serving food and beverages.
(2) An individual who is more than 13 years of age and
less than 16 years of age may not do any of the following:
(i) Operate high pressure hose lines except during
training activities. A high pressure hose line is any
20110HB1548PN4148 - 45 -
water hose used for fire suppression with a pressure
greater than 150 psi, any air hose with a pressure
greater than 100 psi and any hydraulic hose used for
rescue tools with a pressure greater than 1,000 psi.
(ii) Ascend ladders except during training
activities.
(c) Other prohibited activities.--The department may
prohibit other activities that it deems hazardous to the health
of minors through regulation.
(d) Other provisions.--
(1) Except as set forth under this subsection, this
section does not supersede any other provision of this act or
any regulation promulgated under this act.
(2) A minor may continue serving in answer to a fire
call until excused by the individual acting as chief of the
fire company if the minor:
(i) is 16 years of age or older;
(ii) is a member of a volunteer fire company; and
(iii) answers a fire call while lawfully employed.
(3) An individual who is 14 or 15 years of age may
engage in training or firefighting activities permitted under
this section until 10 p.m. before a school day if the minor:
(i) is a member of a volunteer fire company; and
(ii) has the written consent of the minor's parent
or legal guardian.
Section 8. Duties of employer.
(a) Work permits and parental authorization.--
(1) Unless a minor has the items listed in paragraph
(2), a minor may not be employed or permitted to work:
(i) in, about or in connection with an
20110HB1548PN4148 - 46 -
establishment; or
(ii) in an occupation.
(2) To be employed, a minor must have all of the
following:
(i) A work permit.
(ii) A For individuals who are under 16 years of <--
age, a written statement by the minor's parent or legal
guardian acknowledging understanding of the duties and
hours of employment and granting permission to work
subject to the provisions of 18 Pa.C.S. § 4904 (relating
to unsworn falsification to authorities).
(3) Before employing a minor, an employer shall do all
of the following:
(i) Verify the work permit under paragraph (2)(i).
(ii) Receive the verified statement under paragraph
(2)(ii).
(4) An individual who is more than 16 years of age
employed in the distribution, sale, exposing or offering for
sale of any newspaper, or any minor who can demonstrate that
he is working independently of the newspaper publisher in
this work, shall not be required to procure a work permit.
(b) Notification.--The employer shall notify the issuing
officer in writing of the employment of a minor and shall detail
the normal duties and hours of employment within five days after
the beginning of employment and shall include the age and permit
number of the minor. On termination of employment of a minor,
the employer shall notify the issuing official officer within <--
five days of the final day of employment that the minor no
longer is employed by the employer.
(c) Posting requirement.--An employer shall post a printed
20110HB1548PN4148 - 47 -
abstract of the sections of this act relating to the hours of
labor in a conspicuous place in the establishment.
(d) Records.--An employer shall maintain the following
records at the workplace:
(1) A list of all the minors employed in the
establishment.
(2) A schedule of the hours of labor of the minors
listed in subparagraph (ii). The schedule of hours of labor
shall contain:
(i) the maximum number of hours each minor is
required or permitted to work on each day of the week;
(ii) the weekly total for each minor; and
(iii) the daily hours for commencing and stopping
work and for time allowed for meals.
(3) For each minor, the employer shall keep a copy of
the work permit, the original verified permission statement
required in subsection (a) and a copy of the letter sent to
the issuing official officer announcing the employment of the <--
minor.
(4) An employer shall maintain records for employed
minors in compliance with the recordkeeping requirements of
the act of January 17, 1968 (P.L.11, No.5), known as The
Minimum Wage Act of 1968, and shall maintain accurate records
of the actual days, hours and times of day the minors worked,
including breaks.
(5) An employer shall provide an enforcement officer
with access to records kept under this subsection at all
reasonable times.
Section 9. Work permit.
(a) Form and content.--
20110HB1548PN4148 - 48 -
(1) A work permit shall be issued on a wallet-sized form
prescribed by the department. The work permit shall contain
the following information related to the minor:
(i) Name.
(ii) Sex.
(iii) Date and place of birth.
(iv) Place of residence.
(v) Color of hair and eyes.
(vi) Any physical work restrictions.
(2) The work permit shall certify that:
(i) the holder has personally appeared before the
issuing officer and has been examined;
(ii) all papers required by law have been examined,
approved and filed; and
(iii) all conditions and requirements for issuing a
permit have been fulfilled.
(3) The work permit shall be signed in the presence of
the issuing officer by the minor.
(4) The work permit shall bear a number, the date of
issuance and the signature of the issuing officer.
(b) Application.--
(1) Documentation shall be as follows:
(i) Except as set forth under subparagraph (ii), the
application for a work permit must be verified as
follows:
(A) The applicant's parent or legal guardian
must sign the application.
(B) In lieu of a signature under clause (A), the
applicant may execute a statement before a notary
public or other person authorized to administer oaths
20110HB1548PN4148 - 49 -
attesting to the accuracy of the facts set forth in
the application on a form prescribed by the
department. The statement shall be attached to the
application.
(ii) Subparagraph (i) does not apply if the
applicant can demonstrate official proof of high school
graduation.
(iii) The issuing officer shall not issue a work
permit until the issuing officer has received, examined,
approved and filed the following papers which verify the
applicant's age:
(A) If proof of age is an official document or
record of the Commonwealth or government of another
state or governmental subdivision of another state,
it need not be filed if the issuing officer records
the information necessary to enable the document or
record to be located at the place where it is filed.
If proof of age is other than an official document or
record of the Commonwealth or government of another
state or governmental subdivision of another state,
the following is the order of preference for
acceptable proof under this clause:
(I) An attested transcript of the birth
certificate, filed according to law with a
register of vital statistics or other officer
charged with the duty of recording births.
(II) A certified baptismal certificate or
transcript of the record of baptism showing the
date of birth.
(III) A passport showing the age of the
20110HB1548PN4148 - 50 -
minor.
(IV) Any certified documentary record of age
other than a school record or an affidavit of
age, which appears to the satisfaction of the
issuing officer to be sufficient evidence of age.
(V) The signed statement of a physician,
physician's assistant or nurse practitioner,
approved by the board of school directors,
stating that, after examination, it is the
opinion of the individual signing the statement
that the applicant has attained the age required
by law for the occupation in which the applicant
expects to engage. The statement must be
accompanied by an affidavit signed by the
applicant's parent or legal guardian or, if there
is no parent or legal guardian, by the
applicant's next friend and certifying to the
name, date and place of birth of the applicant
and that the individual signing the statement is
unable to produce any of the proofs of age
specified in subclauses (I), (II), (III) and
(IV).
(B) (Reserved).
(2) Examination shall be as follows:
(i) Except as set forth under subparagraph (ii), a
work permit shall not be issued until the applicant has
personally appeared before and has been examined by the
issuing officer.
(ii) Subparagraph (i) does not apply if the
applicant can demonstrate official proof of high school
20110HB1548PN4148 - 51 -
graduation.
(c) Issuance.--If all application requirements are met, a
work permit shall be issued by an issuing officer unless it is
the issuing officer's judgment that the applicant cannot
maintain adequate academic achievement if permitted to work
during the school year.
(d) Revocation.--An issuing officer may revoke a work permit
if it is the issuing officer's judgment that the applicant
cannot maintain adequate academic achievement if permitted to
work during the school year.
(e) Cooperation.--The issuing officer shall cooperate with
an enforcement officer with investigation and enforcement of
this act.
Section 10. Administration.
(a) Duties of department.--The department has the following
powers and duties:
(1) Prescribe the forms necessary to implement this act.
(2) Promulgate regulations to administer this act.
(3) Provide copies of this act and blank forms for
compliance with its provisions to employers and prospective
employers and place these documents on its Internet website.
(b) Subpoenas and inspections.--
(1) The secretary or a designee has investigatory
subpoena power and may issue a subpoena upon application of
an attorney of the Office of General Counsel assigned to the
department. Application may be made to the Commonwealth Court
to enforce a subpoena. Nothing in this section shall be
construed to excuse a person from producing documents and
records as requested by the department under any other
provision of law.
20110HB1548PN4148 - 52 -
(2) The department is authorized to obtain information
to investigate alleged violations or to determine compliance
with this act. This includes entering and inspecting an
establishment, including where a performance is being held,
at any reasonable time to ascertain the working conditions,
interviewing workers and inspecting and obtaining copies of
any records, documents or information in any medium that in
any way relates to employment of minors or activities
governed under this act.
(c) Duties of Department of Education.--The Department of
Education shall supply and distribute to school districts all
forms necessary for the enforcement of this act.
(d) Duties of school districts.--School districts shall
administer applications and issuance of work permits under
section 9 and shall notify the department of alleged violations
of this act.
(e) Suspected violations of age requirements.--
(1) If an enforcement officer has reason to believe that
an individual working without a work permit is a minor or
that a minor with a work permit is working in violation of
the age restrictions set forth under this act, the officer
may demand that the person employing the individual within
ten days:
(i) furnish to the officer proof of age; or
(ii) cease to employ or permit the individual to
work.
(2) Proof of a demand under paragraph (1) and of failure
to comply with paragraph (1)(i) constitutes prima facie
evidence of the illegal employment of a minor.
(3) Compliance with this subsection does not relieve a
20110HB1548PN4148 - 53 -
person from liability under section 11.
Section 11. Penalties.
(a) Violations.--
(1) A person may not do any of the following:
(i) Violate this act.
(ii) Interfere with the functions of an enforcement
officer.
(iii) Compel or permit a minor to violate this act.
(iv) Fail to provide records under sections 8(d) or
10(b).
(v) Falsify records under this act.
(vi) Violate the terms of any permit issued under
section 5.
(b) Criminal penalties.--
(1) Except as set forth under paragraph (2), a person
that violates subsection (a) commits a summary offense and
shall, upon conviction, be sentenced to pay a fine of $500
for each violation.
(2) A person that, after being sentenced under paragraph
(1), violates subsection (a) commits a summary offense and
shall, upon conviction, be sentenced to pay a fine of $1,500
for each violation or to imprisonment for not more than ten
days, or both.
(c) Administrative penalties.--
(1) Except as set forth under subsection (d), the
department may impose an administrative penalty of not more
than $5,000 for each violation of subsection (a).
(2) The department may order a person to take a
corrective action which the department deems necessary to
address a violation of this act.
20110HB1548PN4148 - 54 -
(3) This subsection is subject to 2 Pa.C.S. Chs. 5
Subch. A (relating to practice and procedure of Commonwealth
agencies) and 7 Subch. A (relating to judicial review of
Commonwealth agency action).
(4) The department may not impose a penalty under this
subsection if a person has been sentenced under subsection
(b) for an offense arising out of the same conduct which
would give rise to a penalty under this subsection.
(d) Multiple prosecution.--Imposition of a criminal, civil
or administrative penalty under the Fair Labor Standards Act
shall bar prosecution under subsection (a) and imposition of a
criminal penalty under subsection (b) or an administrative
penalty under subsection (c) if the same conduct constitutes the
basis of the Federal action and the basis of the prosecution
under subsection (a) or the administrative penalty under
subsection (b).
Section 12. Employment of minors in student-learner and
apprenticeship programs.
A minor may be employed in a work experience and career
exploration program, an apprenticeship program and a school-to-
work program to the extent permitted by regulations promulgated
under this act and not prohibited by the Fair Labor Standards
Act.
Section 13. Exclusions.
(a) Domestic service.--This act shall not apply to
employment of a minor in domestic service in or about the
private home of a parent or guardian, to baby-sitting and to
performance of minor chores in or about a private home of the
employer. Minor chores shall:
(1) Include lawn care, snow shoveling and residential
20110HB1548PN4148 - 55 -
chores performed by minors on a casual or infrequent basis.
(2) Exclude activities otherwise prohibited by the
department in regulations promulgated under this act and
activities or occupations designated as hazardous and
otherwise prohibited under the Fair Labor Standards Act and
regulations promulgated under that act.
(b) Agricultural employment.--Agricultural employment which
is exempt from coverage of the child labor provisions of the
Fair Labor Standards Act shall be exempt from coverage of this
act.
Section 14. Newspaper delivery.
(a) Delivery.--A minor engaged in newspaper delivery may be
employed for seven consecutive days in a week.
(b) Delivery and sale.--Individuals who are at least 11
years of age may be employed in the delivery and street sale of
newspapers after 5 a.m. and before 8 p.m., except that during
the school vacation period a minor shall be permitted to be
employed until 9 p.m. This paragraph does not apply to the
hauling of newspapers to drop centers or distribution centers or <--
other related activities, newsstands or distribution centers. <--
(c) Work permit.--An individual who is more than 16 years of
age employed in the distribution, sale, offering for sale of any
newspaper, or any minor who can demonstrate that he is working
independently of the newspaper publisher, shall not be required
to procure a work permit.
Section 29. Repeal.
This act and the rules and regulations adopted under this act
shall repeal the act of May 13, 1915 (P.L.286, No.177), known as
the Child Labor Law, and replace all parts of acts that are
inconsistent with this act. Until modified or deleted by the
20110HB1548PN4148 - 56 -
department, the current regulations on the child labor law shall
be the regulations of the department.
Section 30. Effective date.
This act shall take effect in 60 90 days. <--
20110HB1548PN4148 - 57 -