Regular Session 2019-2020 Senate Bill 0587 P.N. 0645

PRINTER'S NO. 645

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

587

Session of

2019

INTRODUCED BY J. WARD, PHILLIPS-HILL, FOLMER, SCHWANK, COSTA,

TARTAGLIONE, BAKER AND MENSCH, APRIL 25, 2019

REFERRED TO LABOR AND INDUSTRY, APRIL 25, 2019

AN ACT

Repealing the act of July 25, 1913 (P.L.1024, No.466), entitled

"An act to protect the public health and welfare, by

regulating the employment of females in certain

establishments, with respect to their hours of labor and the

conditions of their employment; by establishing certain

sanitary regulations in the establishments in which they

work; by requiring certain abstracts and notices to be

posted; by providing for the enforcement of this act by the

Commissioner of Labor and Industry and others; by prescribing

penalties for violations thereof; by defining the procedure

in prosecutions; and by repealing all acts and parts of acts

inconsistent with the provisions thereof."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of July 25, 1913 (P.L.1024, No.466),

referred to as the Female Labor Law, is repealed:

[AN ACT

To protect the public health and welfare, by regulating the

employment of females in certain establishments, with respect

to their hours of labor and the conditions of their

employment; by establishing certain sanitary regulations in

the establishments in which they work; by requiring certain

abstracts and notices to be posted; by providing for the

enforcement of this act by the Commissioner of Labor and

Industry and others; by prescribing penalties for violations

thereof; by defining the procedure in prosecutions; and by

repealing all acts and parts of acts inconsistent with the

provisions thereof.

TABLE OF CONTENTS

Section 1. Definitions: Establishment, Person,

Week, Day.

Section 2. Inclusion of Plural and all Genders.

Section 3. Hours of Labor.

Section 4. Night-Work; Prohibition In Manufacturing

Establishments.

Section 5. Night-Work; Prohibition, Females under Eighteen.

Section 6. Mid-Day Meal Periods. (Repealed)

Section 7. Intervals Between Work Periods.

Section 8. Seats.

Section 9. Wash and Dressing-Rooms; Water-Closets.

Section 10. Lunch Rooms in Certain Establishments.

Section 11. Exhaust-Fans in Certain Establishments.

Section 12. Drinking-Water.

Section 12.1.

Section 13. Enforcement: Posting Abstract of This Act and

Schedule of Hours of Labor; Preparation and

Distribution of Abstracts and Forms of Schedule.

Section 14. Enforcement: Proof of Age of Certain Females.

Section 15. Enforcement: Hindering or Delaying Commissioner

of Labor and Industry or His Deputies.

Section 16. Enforcement: By the Commissioner of Labor

and Industry and His Deputies.

Section 17. Prosecutions: Procedure, Appeals.

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Section 18. Penalties: First and Second Offenses, Continued

Violations, Cumulative Penalties, Exemptions of

Persons from Punishment Under Certain Circumstances.

Section 19. Disposition of Fines.

Section 20. Construction of the Act Not to Affect Industrial

Training or Other Education; Unconstitutionality

of a Part of the Act.

Section 21. Acts Repealed.

Section 22. Date of Operation.

Section 1. Definitions: Establishment, Person, Week, Day.--

Be it enacted, &c., That the term "establishment," when used in

this act, shall mean any place within this Commonwealth where

work is done for compensation of any sort, to whomever payable.

The term "person," when used in this act, shall be construed

to include any individual, partnership, or other unincorporated

association, corporation, Commonwealth, and any political

subdivision thereof.

The term "week," when used in this act, shall mean seven

consecutive days which may begin on any day of a week, and the

term "day" shall mean twenty-four consecutive hours which may

begin at any hour of a day.

Section 2. Inclusion of Plural and all Genders.--Whenever in

this act the singular is used the plural shall be included, and

whenever the masculine gender is used the feminine and neuter

shall be included.

Section 3. Hours of Labor.--(a) Except as hereinafter

provided, no female eighteen (18) years of age or older shall be

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

establishment for more than six (6) days in any one week or more

than forty-eight (48) hours in any one week, or more than ten

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(10) hours in any one day.

Where the strict application of the schedule of hours,

provided for by this section, imposes an unnecessary hardship

and violates the intent and purpose of this act, the Secretary

of Labor and Industry, with the approval of the Industrial

Board, may make, alter, amend, and repeal general rules and

regulations prescribing variations from said schedule of hours:

Provided, That if it should be held hereafter by the courts of

this Commonwealth that the power herein sought to be granted to

the Secretary of Labor and Industry is, for any reason, invalid,

such holding shall not be taken in any case to affect or impair

the remaining provisions of this section.

(b) Nothing in this section or in any other provisions of

this act shall apply to the employment of females in

agricultural field occupations, or in domestic service in the

home of the employer, nor shall any provisions of this act which

relates to the regulation of hours of employment apply to the

work of registered nurses in hospitals, or to the work of

females over eighteen years of age who are employed in a bona

fide executive, administrative or professional capacity, as

confidential secretaries, or as outside salesmen as such terms

are defined and delimited from time to time by regulations

issued by the Secretary of Labor and Industry with the approval

of the Industrial Board.

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

or injurious to the health or morals, as such occupation shall,

from time to time, be determined and declared by the Industrial

Board. Before any occupation is prohibited the board must give

notice of its intention and hold a public hearing.

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Section 4. Night-Work; Prohibition In Manufacturing

Establishments.--Females over eighteen (18) years of age may be

employed in manufacturing establishments during any hours, night

or day, so long as there is compliance with the provisions of

this act. The employment of females on second (evening) and

third (night) shifts, however, is subject to prior approval by

the Secretary of Labor and Industry in accordance with

regulations issued by the secretary with the approval of the

Industrial Board.

Section 5. Night-Work; Prohibition, Females under

Eighteen.--No female under eighteen (18) years of age shall be

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

establishment before the hour of six o'clock in the morning or

after the hour of nine o'clock in the evening of any day, except

that students sixteen (16) years of age and over whose

employment is part of a recognized school work program,

supervised by a recognized school authority may be employed

until ten o'clock P.M.

Section 7. Intervals Between Work Periods.--No female shall

be employed or permitted to work for more than five hours

continuously in, or in connection with, any establishment,

without a meal or rest period of at least thirty minutes, which

period shall not be considered a part of the hours of labor, and

no period of less than thirty minutes shall be deemed to

interrupt a continuous period of work.

Employes shall not be required to remain in the workrooms or

at their work stations during the meal or rest periods required

by this section: Provided, however, That where the strict

application of the thirty minutes' meal or rest period imposes

an unnecessary hardship on employers and employes or a

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limitation on the job opportunities of female employes, the

Secretary of Labor and Industry, may grant upon written

application of an employer an exception from the strict

observance of this requirement.

Section 8. Seats.--Every person employing or permitting

females to work in any establishment shall provide suitable

seats for their use conveniently assessable while they are

working, and shall maintain and keep them there, and shall

permit the reasonable use thereof by such females. At least one

seat shall be provided for every five females employed or

permitted to work.

Section 9. Wash and Dressing-Rooms; Water-Closets.--In every

establishment where females are employed, toilets, wash-rooms

and retiring rooms shall be provided in accordance with the

General Safety Law, act No.174, May 18, 1937 (P.L.654), as

amended and Regulations for Industrial Sanitation promulgated by

the Industrial Board of the Department of Labor and Industry.

Section 10. Lunch Rooms in Certain Establishments.--Any

person employing or permitting any female to work in any

establishment where white lead, arsenic or other poisonous

substances, or injurious fumes, dust or gases, shall be present,

shall provide and maintain a suitable room, free from the

aforesaid substances, fumes, dust and gases, for the use of said

female employees; and no such person shall, during the time

allowed for meals, permit any such female to remain in any room

where the aforesaid substances, fumes, dust, and gases shall be

present.

Section 11. Exhaust-Fans in Certain Establishments.--Any

person who shall employ or permit any female to work in any

establishment in which poisonous or injurious dust, fumes, or

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gases are generated, shall provide and maintain proper hoods and

pipes connected with exhaust-fans, ventilation or purification

systems of sufficient capacity to remove such dust, fumes, or

gases at their point of origin, and prevent them from mingling

with the air in the room, and such exhaust fans, ventilation or

purification systems shall be installed, operated and maintained

in accordance with regulations issued by the Industrial Board of

the Department of Labor and Industry under the General Safety

Law, act No.174, May 18, 1937 (P.L.654), as amended.

Section 12. Drinking-Water.--In every establishment where

females are employed, cool, pure, wholesome drinking water shall

be supplied to such employes in accordance with the rule on

drinking water contained in the Regulations for Industrial

Sanitation issued by the Industrial Board of the Department of

Labor and Industry under the General Safety Law, act No.174, May

18, 1937 (P.L.654), as amended.

Section 12.1. In addition to any specific rules or

regulations affecting the employment of women which are

promulgated under this law, all persons who employ female

employes shall comply with those general regulations of the

Industrial Board of the Department of Labor and Industry under

the General Safety Law, act No.174, May 18, 1937 (P.L.654), as

amended, which are not superseded by specific rules and

regulations issued under this law. The responsibility for

complying with all regulations rests upon both the employer and

employes.

Section 13. Enforcement: Posting Abstract of This Act and

Schedule of Hours of Labor; Preparation and Distribution of

Abstracts and Forms of Schedule.--(a) Every person employing or

permitting any female to work in any establishment, shall keep

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posted, in a conspicuous place, where such female employe may

read, a printed abstract of the provisions of this act:

Provided, that when any female shall be employed or permitted to

work in connection with any establishment, but not in such

establishment, the aforesaid abstract shall be kept posted in a

conspicuous place in the office of such establishment. The

Department of Labor and Industry shall prepare the abstract of

the provisions of this act. Copies of such abstract shall be

printed, in accordance with the laws of this Commonwealth

regulating printing and publishing, and the Department of Labor

and Industry shall supply the same, upon application, to all

persons required to post the abstract.

(b) Every person employing or permitting any female to work

in any establishment shall maintain a true and accurate record

of the hours worked by each such female. Such record shall

contain the name of the female employe, the hours of commencing

and stopping work, the hours when the time allowed for meal or

rest periods shall begin and end for each day of the week, and

the total daily hours and total weekly hours for each such

female employe.

Where records are maintained at a central record-keeping

office, other than in the place of employment such records shall

be made available for inspection at the place of employment

within seven calendar days following verbal or written notice

from the Secretary of Labor and Industry or his authorized

representative. Such records shall be maintained for a period of

three years.

The use of micro-film for record-keeping purposes is

permitted: Provided, however, That employers who use such micro-

film shall make available to authorized representatives of the

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Department of Labor and Industry the equipment which is

necessary to facilitate review of the records.

Section 14. Enforcement: Proof of Age of Certain Females.--

Whenever any female shall be employed or permitted to work in,

or in connection with, any establishment, before the hour of six

o'clock in the morning or after the hour of nine o'clock in the

evening of any day, who, in the judgment of the Secretary of

Labor and Industry or his authorized representative, is under

eighteen (18) years of age, such representative of the

department may demand from any person employing or permitting

any such female to work in, or in connection with, his

establishment, that such person shall either furnish to such

representative of the department within ten days satisfactory

evidence, such as shall be required by law for the issuing of

employment certificates to minors that such female is, in fact,

eighteen (18) years of age or over, or shall cease to employ or

permit such female to work in, or in connection with, such

establishment, before or after the hours above named.

In case such employer shall fail to furnish to said

representative of the department, within ten days after making

such written demand, the required evidence of age, and shall

thereafter continue to employ such female, or permit her to work

in, or in connection with, such establishment, before or after

the hours aforesaid, proof of the making of such demand and of

failure to produce the evidence required shall be prima facie

evidence of the illegal employment of such female, in any

prosecution brought therefor.

Section 15. Enforcement: Hindering or Delaying Commissioner

of Labor and Industry or His Deputies.--No person shall hinder

or delay the Secretary of Labor and Industry or any of his

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authorized representatives in the performance of their duties in

the enforcement of this act, or refuse to admit, or to lock out,

any representative from any place while females are employed

therein, and which said representative shall be authorized to

inspect, or refuse to give any representative information

required for the proper enforcement of this act.

Section 16. Enforcement: By the Commissioner of Labor and

Industry and His Deputies.--It shall be the duty of the

Secretary of Labor and Industry and his authorized

representatives to enforce all the provisions of this act. They

shall visit and inspect establishments, and shall have power at

any reasonable time to visit and inspect any establishment in or

in connection with which any female shall be employed or

permitted to work. They shall investigate all complaints of

violations of this act received by them, and shall institute

prosecutions for violations of the provisions thereof.

Section 17. Prosecutions: Procedure, Appeals.--All

prosecutions for violations of this act shall be instituted by

the Department of Labor and Industry, before a magistrate,

alderman, or justice of the peace, and shall be in the form of

summary proceedings. Upon conviction after hearing, the

penalties provided in this act shall be imposed, and shall be

final, unless an appeal be taken to the court of proper

jurisdiction, within twenty days after the imposition of the

penalties aforesaid, in the manner already provided by law in

appeals from penalties.

Section 18. Penalties: First and Second Offenses, Continued

Violations, Cumulative Penalties, Exemptions of Persons from

Punishment Under Certain Circumstances.--Any person who, whether

by himself or for another, or through an agent, servant, or

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foreman, shall violate any provisions of this act, shall be

subject to the following penalties:

Upon conviction for violation of any provision of section

three, four, five, seven, or fifteen of this act, he shall be

punished, for a first offense, by a fine of not less than fifty

($50) dollars and costs, or more than one hundred ($100) dollars

and costs, and, upon nonpayment thereof, be imprisoned in the

county jail for not more than ten days; for a second or

subsequent offense, by a fine of not less than one hundred

($100) dollars and costs, or more than two hundred ($200)

dollars and costs, and, upon nonpayment thereof, by imprisonment

in the county jail for not more than sixty days; and whenever

any person shall have been notified by the Department of Labor

and Industry, or by the service of a summons in a prosecution,

that he is violating such provision, he shall be punished by

like penalties in addition for each and every day that such

violation shall have continued after such notification.

Upon conviction for a violation of any of the provisions of

sections eight, nine, ten, eleven, twelve, thirteen, or fourteen

of this act, the punishment shall be without regard to the

number of females employed, for a first offense, not less than

twenty-five ($25) dollars and costs, or more than fifty ($50)

dollars and costs, and, upon nonpayment thereof, imprisonment in

the county jail for not more than twenty days; for a second or

subsequent offense, a fine of not less than fifty ($50) dollars

and costs, or more than two hundred ($200) dollars and costs,

and, upon nonpayment thereof, imprisonment in the county jail

for not more than sixty days; and whenever any person shall have

been notified by the Department of Labor and Industry that he is

violating such provisions, and shall have been given a

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reasonable time in which to remedy the condition which shall

constitute such violation, he shall be punished, in addition to

the penalties aforesaid, by like penalties for each and every

day that such violation shall have continued after the

expiration of the time allowed by the Department of Labor and

Industry for remedying the aforesaid condition: Provided,

First. That an employer will be fully protected against

unintentional violations of sections 3, 4 and 5 of this act and

regulations issued thereunder, if before employing or permitting

any female under eighteen years of age to work in his

establishment he has received from that employe an age

certificate issued by the proper officials of the school

district in which the prospective employe resides. These age

certificates must be kept on file by the employer for inspection

by authorized representatives of the Department of Labor and

Industry so long as the female is employed or until she reaches

the age of eighteen, whichever occurs sooner. An age certificate

will be no defense to any violation of the provisions of this

law and regulations issued thereunder if the employer knows that

it was obtained falsely or after knowledge of the true age of

the employe becomes known to him.

Second. That whenever a violation of any provisions of this

act shall also be a violation of another provision, or other

provisions of this act, penalties may be imposed for the

violation of each and every such provision.

Third. That under no circumstances shall any person be

sentenced to imprisonment for more than one year for any one

violation of this act.

Fourth. That whenever a violation of any of the provisions

of this act shall also be a violation of the laws of this

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Commonwealth regulating the hours of labor and conditions of

employment of minors, penalties shall be imposed under only one

of such acts.

Section 19. Disposition of Fines.--All fines imposed and

collected for any violation of this act shall be forwarded to

the Department of Labor and Industry, which shall pay the same

into the office of the State Treasurer, for the use of the

Commonwealth.

Section 20. Construction of the Act Not to Affect Industrial

Training or Other Education; Unconstitutionality of a Part of

the Act.--Nothing in this act shall be construed to prevent

females of any age from receiving industrial training or other

education in, or in connection with, any school or educational

institution in this Commonwealth.

Each section of this act and every part thereof is hereby

declared to be an independent section, or part of a section, and

if any section, subsection, sentence, clause, or phrase of this

act shall for any reason be held unconstitutional, the validity

of the remaining phrases, clauses, sentences, subsections, and

sections of this act shall not be affected thereby.

Section 21. Acts Repealed.--The following acts, or parts of

acts, are hereby repealed:

Section 22. Date of Operation.--Except as herein otherwise

provided, this act shall take effect on the first day of

November Anno Domini nineteen hundred and thirteen.]

Section 2. This act shall take effect in 60 days.

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