PRINTER'S NO. 579
No. 535 Session of 2003
INTRODUCED BY WAUGH, PILEGGI, KITCHEN, RAFFERTY, COSTA, LOGAN,
KUKOVICH, WONDERLING, EARLL, D. WHITE, HELFRICK, GREENLEAF,
ERICKSON, RHOADES, ROBBINS, MOWERY, LEMMOND, ORIE,
C. WILLIAMS AND THOMPSON, MARCH 24, 2003
REFERRED TO LABOR AND INDUSTRY, MARCH 24, 2003
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 when minors may be employed.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Section 4 of the act of May 13, 1915 (P.L.286,
27 No.177), known as the Child Labor Law, amended December 9, 2002
1 (P.L.1347, No.161), is amended to read:
2 Section 4. No minor under eighteen years of age shall be
3 employed or permitted to work in, about, or in connection with
4 any establishment, or in any occupation, for more than six
5 consecutive days in any one week, or more than forty-four hours
6 in any one week, or more than eight hours in any one day:
7 Provided, That messengers employed by telegraph companies at
8 offices where only one such minor is employed as a messenger in
9 which case such minor shall not be employed for more than six
10 consecutive days in any one week, or more than fifty-one hours
11 in any one week, or more than nine hours in any one day: And
12 provided further, That no minor under eighteen years of age, who
13 is enrolled in regular day school and working outside school
14 hours, shall be employed or permitted to work for more than
15 twenty-eight hours during a school week.
16 No minor under sixteen years of age shall be employed or
17 permitted to work in, about, or in connection with, any
18 establishment or in any occupation before seven o'clock in the
19 morning or after seven o'clock in the evening of any day except
20 during school vacation period from June to Labor Day when such
21 minor may work between the hours of seven o'clock in the morning
22 and ten o'clock in the evening nor shall such a minor who is
23 enrolled in school and working outside school hours be employed
24 or permitted to work in, about, or in connection with, any
25 establishment or in any occupation more than four hours on a
26 school day, or more than eight hours on any other day, or more
27 than eighteen hours during a school week: Provided, That,
28 students fourteen years of age and over whose employment is part
29 of a recognized school-work program, supervised by a recognized
30 school authority, may be employed for hours which, combined with
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1 the hours spent in school, do not exceed eight a day: And
2 further provided, That a minor under sixteen years of age
3 employed on a farm by a person other than the farmer in the
4 hatching, raising or harvesting of poultry may be employed or
5 permitted to work until 10 o'clock in the evening as long as the
6 minor is not working in an agricultural occupation declared
7 hazardous by the United States Secretary of Labor.
8 No minor under eighteen years of age shall be employed or
9 permitted to work for more than five hours continuously in,
10 about, or in connection with, any establishment without an
11 interval of at least thirty minutes for a lunch period and no
12 period of less than thirty minutes shall be deemed to interrupt
13 a continuous period of work.
14 No minor under eighteen years of age shall be employed or
15 permitted to work in, about, or in connection with, any
16 establishment between the hours of twelve in the evening and six
17 in the morning if such minor is enrolled in regular day school:
18 Provided, That, minors sixteen and seventeen years of age may be
19 employed until, but not after, one o'clock in the morning on
20 Fridays and Saturdays, and on days preceding a school vacation
21 occurring during the school year, excepting the last day of such
22 vacation period[.]: Provided further, That, minors sixteen and
23 seventeen years of age may serve with a volunteer fire company
24 or volunteer emergency service during the overnight hours on
25 Fridays and Saturdays and on days preceding a school vacation
26 occurring during the school year, except the last day of the
27 vacation period, in instances where the minor receives written
28 permission from a parent or legal guardian and overnight service
29 is approved by the chief of the volunteer fire company or the
30 director of the volunteer emergency service.
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1 Notwithstanding any other provision of this section, a minor
2 who is sixteen or seventeen years of age who is employed during
3 the months of June, July, August or September by a summer
4 resident camp or a conference or retreat operated by a religious
5 or scout organization shall receive one day of rest (twenty-four
6 consecutive hours of rest) during every seven-day period:
7 Provided, That this paragraph shall not apply to a minor
8 employed primarily for general maintenance work or food service
9 activities.
10 Section 2. This act shall take effect in 60 days.
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