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                                                      PRINTER'S NO. 4030

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2902 Session of 1998


        INTRODUCED BY PIPPY, E. Z. TAYLOR, STEVENSON, ORIE, YOUNGBLOOD,
           PHILLIPS, GIGLIOTTI, THOMAS AND LEDERER, OCTOBER 20, 1998

        REFERRED TO COMMITTEE ON LABOR RELATIONS, OCTOBER 20, 1998

                                     AN ACT

     1  Amending the act of May 13, 1915 (P.L.286, No.177), entitled, as
     2     amended, "An act to provide for the health, safety, and
     3     welfare of minors: By forbidding their employment or work in
     4     certain establishments and occupations, and under certain
     5     specified ages; by restricting their hours of labor, and
     6     regulating certain conditions of their employment; by
     7     requiring employment certificates or transferable work
     8     permits for certain minors, and prescribing the kinds
     9     thereof, and the rules for the issuance, reissuance, filing,
    10     return, and recording of the same; by providing that the
    11     Industrial Board shall, under certain conditions, determine
    12     and declare whether certain occupations are within the
    13     prohibitions of this act; requiring certain abstracts and
    14     notices to be posted; providing for the enforcement of this
    15     act by the Secretary of Labor and Industry, the
    16     representative of school districts, and police officers; and
    17     defining the procedure in prosecutions thereunder, and
    18     establishing certain presumptions in relation thereto;
    19     providing for the issuance of special permits for minors
    20     engaging in the entertainment and related fields; providing
    21     penalties for the violation of the provisions thereof; and
    22     repealing all acts or parts of acts inconsistent therewith,"
    23     further providing for employment of minors and prohibited
    24     employment of minors under 14 years of age.

    25     The General Assembly of the Commonwealth of Pennsylvania
    26  hereby enacts as follows:
    27     Section 1.  Section 2 of the act of May 13, 1915 (P.L.286,
    28  No.177), known as the Child Labor Law, amended October 4, 1978
    29  (P.L.938, No.182), is amended to read:

     1     Section 2.  No minor under [sixteen] fourteen years of age
     2  shall be employed or permitted to work in, about, or in
     3  connection with, any establishment or in any occupation except
     4  that a minor between the ages of twelve and [fourteen] thirteen
     5  years may be employed as a caddy subject to the limitation that
     6  he or she carry not more than one golf bag at a time and for not
     7  more than eighteen holes of golf in any one day and except that
     8  a minor between the ages of fourteen and sixteen years may be
     9  employed as hereinafter provided in such work as will not
    10  interfere with school attendance: Provided, however, That
    11  nothing contained in this section shall be construed as
    12  superseding or modifying any provisions contained in section
    13  seven of the act to which this is an amendment.
    14     Section 2.  Section 4 of the act, amended October 4, 1989
    15  (P.L.584, No.62), is amended to read:
    16     Section 4.  No minor under eighteen years of age shall be
    17  employed or permitted to work in, about, or in connection with
    18  any establishment, or in any occupation, for more than six
    19  consecutive days in any one week, or more than forty-four hours
    20  in any one week, or more than eight hours in any one day:
    21  Provided, That messengers employed by telegraph companies at
    22  offices where only one such minor is employed as a messenger in
    23  which case such minor shall not be employed for more than six
    24  consecutive days in any one week, or more than fifty-one hours
    25  in any one week, or more than nine hours in any one day: And
    26  provided further, That no minor under eighteen years of age, who
    27  is enrolled in regular day school and working outside school
    28  hours, shall be employed or permitted to work for more than
    29  twenty-eight hours during a school week.
    30     No minor under [sixteen] fourteen years of age shall be
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     1  employed or permitted to work in, about, or in connection with,
     2  any establishment or in any occupation before seven o'clock in
     3  the morning or after seven o'clock in the evening of any day
     4  except during school vacation period from June to Labor Day when
     5  such minor may work between the hours of seven o'clock in the
     6  morning and ten o'clock in the evening nor shall such a minor
     7  who is enrolled in school and working outside school hours be
     8  employed or permitted to work in, about, or in connection with,
     9  any establishment or in any occupation more than four hours on a
    10  school day, or more than eight hours on any other day, or more
    11  than eighteen hours during a school week: Provided, That,
    12  students fourteen years of age and over whose employment is part
    13  of a recognized school-work program, supervised by a recognized
    14  school authority, may be employed for hours which, combined with
    15  the hours spent in school, do not exceed eight a day: And
    16  further provided, That minors over the age of fourteen may be
    17  employed in the distribution, sale, exposing or offering for
    18  sale, of any newspaper, magazine, periodical or other
    19  publication for not more than fifty-one hours in any one week,
    20  or more than nine hours in any one day, and after six o'clock in
    21  the morning and before eight o'clock in the evening: And further
    22  provided, That a minor under [sixteen] fourteen years of age
    23  employed on a farm by a person other than the farmer in the
    24  hatching, raising or harvesting of poultry may be employed or
    25  permitted to work until 10 o'clock in the evening as long as the
    26  minor is not working in an agricultural occupation declared
    27  hazardous by the United States Secretary of Labor.
    28     No minor under eighteen years of age shall be employed or
    29  permitted to work for more than five hours continuously in,
    30  about, or in connection with, any establishment without an
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     1  interval of at least thirty minutes for a lunch period and no
     2  period of less than thirty minutes shall be deemed to interrupt
     3  a continuous period of work.
     4     No minor under eighteen years of age shall be employed or
     5  permitted to work in, about, or in connection with, any
     6  establishment between the hours of twelve in the evening and six
     7  in the morning if such minor is enrolled in regular day school:
     8  Provided, That, minors sixteen and seventeen years of age may be
     9  employed until, but not after, one o'clock in the morning on
    10  Fridays and Saturdays, and on days preceding a school vacation
    11  occurring during the school year, excepting the last day of such
    12  vacation period.
    13     Notwithstanding any other provision of this section, a minor
    14  who is [sixteen or] between fourteen and seventeen years of age
    15  who is employed during the months of June, July, August or
    16  September by a summer resident camp or a conference or retreat
    17  operated by a religious or scout organization shall receive one
    18  day of rest (twenty-four consecutive hours of rest) during every
    19  seven-day period: Provided, That this paragraph shall not apply
    20  to a minor employed primarily for general maintenance work or
    21  food service activities.
    22     Section 3.  This act shall take effect in 60 days.






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