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Summary
of the Youth Worker Protection Act
Title I – Amendments to Fair Labor Standards Act of 1938.
(Under this new title is housed the current FLSA
child labor provisions.)
Section
101. Amendments to Fair Labor Standards Act of 1938 to Add a Title
Relating to Employment of Minors.
New title: Title II-Employment of Minors.
Title
II – Employment of Minors.
(New
child labor provisions.)
Section
201. Requirements for Employment of Minors.
Minimum requirements for employment:
A minor must be 14 years old (or permitted under this Act to work
under age 14 in specified activities); in possession of a work permit;
and employed in accordance with any other Federal, State, or local law
that provides greater protection. Minors between the ages of 16-18 may
not be employed in hazardous jobs.
Section
202. Federal and State Responsibilities.
Secretary of Labor is responsible for Federal responsibilities under
the Act. Each state will designate an agency for state responsibilities.
Section
203. Work Permit.
The Secretary of Labor shall provide a model form that contains both
the work permit and application, identifying designated state agency.
The model form will include specific information on the minor,
employer, and employment, as well as school certification and consent of
parent. States may modify
this form to improve clarity or information content.
Work permits may be issued for a period of no longer than one
year (and will expire also at the end of the specified employment or
upon a change in school districts by the minor).
School-age minors must be informed by a school official of school
attendance requirements. If the permit is issued outside of when school is in session,
minor must receive certification within 30 days once school returns to
session or the permit is suspended.
Permit may be revoked by the state agency if minor is not in
compliance with school attendance requirements or if minor is adversely
affected by the employment; a minor, parent, or employer may appeal the
revocation of the permit.
Section
204. Working-Hour Restrictions for Minors.
Prohibits school-age minors from work during school hours.
Minors 16-17 years of age may not work before 7 a.m.; may not
work more than 6 consecutive days; may not work later than 10 p.m. on a
school night or 11 p.m. any other night; may not work more than 4 hours
on a school day or 8 hours any other day; may not work more than 20
hours during a school week or 40 hours any other week.
Minors 14-15 years of age may not work before 7 a.m.; may not
work more than 5 consecutive days; may not work later than 7 p.m. during
the school year or 9 p.m. during summer or corresponding vacation
periods for year-round school; may not work more than 3 hours on a
school day or 6 hours any other day; may not work more than 15 hours
during a school week or 30 hours any other week.
Defines terms “school-age minor,” “school hours,”
“school day,” and “in session” as defined by the minor’s
school district.
Section
205. Notification of Serious Work-Related Injuries.
Incidence of the minor’s death, medical attention, or legal
investigation require the employer, any medical providers, an agent of
any applicable law enforcement agency, and a school official who can
certify records of absence due to work injury to notify the state
supervisory agency, who will in turn notify the parent(s).
Section
206. Data Compilation, Retention, and Reporting by Designated State
Agency.
Requires the state agency to collect continuously and retain for seven
years data regarding issuance of work permits, injuries. State agency must provide to the Secretary of Labor an annual
report of said data, as well as reporting of hours worked by state and
local government employees on the administration and enforcement of
child labor laws.
Section
207. Prohibition of Youth Peddling.
Youth
peddling is prohibited under age 18.
Section
208. Enforcement.
A minor who suffers a
bodily injury, illness, or death as a result of a violation of this act
may bring civil suit against the violator in federal or state court;
relief granted by court shall include relief for attorney fees. Civil
compensation may be offset by state workers’ compensation funds.
Within 30 days of a final determination that this act has been
violated, the Secretary of Labor shall publish in the Federal
Register and on the web page of the Department of Labor: the names
and DBAs of the employers in violation, the address where violation
occurred, description of violation, statement of penalty imposed.
Civil penalties shall be no less than $500 and no more than
$15,000 per employee who is subject to violation under this act.
Increases minimum civil penalty to $15,000 in case of death or
repeat offense; sets maximum penalties for these categories at $50,000
and $100,000, respectively. Sets
criminal penalties at a maximum of 3 years imprisonment, or a minimum of
3 years to 5 years for a repeat offender.
Section
209. Definitions.
Defines terms. “Designated state
agency,” “minor,” “parent,” and “school-age minor.”
The FLSA is amended by inserting before section 2 the following
new title heading: Title I-Fair Labor Standards.
Title I-Fair
Labor Standards.
(Amends provisions
in Title I.)
Section 102. Amendments to Fair Labor Standards Act of 1938 to
Provide Minimum Age Parity for Child Labor in Agricultural and
Non-Agricultural Employment.
No youth under age 14 may work in
agriculture. Exception
for youth under 14 who are employed by his parent, or by a person
standing in the place of his parent, on a farm owned or operated by
such parent or person.
Section
103. Amendment to Fair Labor Standards Act of 1938 to Impose a Uniform
Minimum Age for Employment in All Hazardous Occupations.
Amends section 13(c) of
said Act by setting a minimum age of 18 for all Hazardous Orders (both
agricultural and non-agricultural).
It also removes exemption for minors working in hazardous
occupations in a family business or farm.
Section 104.Amendment to Fair Labor
Standards Act of 1938 to Eliminate Secretarial Waiver Authority for
Certain Hand Harvest Labor by Children.
Amends section 13(c) of
said Act to no longer permit children under age 14 for hand harvesting.
This does not affect children employed by his parent, or by a
person standing in the place of his parent, on a farm owned or operated
by such parent or person.
Section 105. Amendment to Fair Labor
Standards Act of 1938 to Eliminate a Child Labor Exception for Scrap
Paper Balers and Paper Box Compactors.
Repeals the Compactor
and Baler Act (Public Law 104-174, August 6, 1996).
Section 106. Amendment to Fair Labor
Standards Act of 1938 to Include Youth Peddling.
Youth peddling is
defined. Youth peddling
affects commerce; therefore, U.S. Department of Labor has universal
coverage.
Title II-Miscellaneous Provisions.
(These Miscellaneious Provisions do not
reference the FLSA).
Section 201. Hazardous Occupations Rule
Based on NIOSH Report.
Within 24 months of
enactment, the Secretary of Labor will promulgate a rule consistent with
NIOSH recommendations contained in parts IV and V of the report NIOSH
Recommendations to the US Department of Labor for Changes to Hazardous
Orders, dated May 3, 2002, with exceptions related to
non-agricultural HOs 10 and 11 and agricultural HO 1.
Section
202. Periodic Review of Restricted Occupation and Hazardous
Occupation Orders.
Requires the Secretary of Labor to review, no less often than every five
years, the list of occupations deemed restricted and hazardous in light
of changes in technology and past precedent of injury.
After the review is completed, requires the Secretary to
promulgate rules to affect necessary changes in occupations deemed
restricted and hazardous.
Section
203. Rule to Prohibit Employment of Minors in Certain Activities.
No later than 24 months after enactment, the Secretary of Labor will
promulgate a rule to prohibit employment of minors in seafood processing
and in the handling or disposal of oil or other liquids from fryers.
Section
204. Review of Health and Safety Data; Rules.
Requires the Secretary of Labor to complete, no later than three years
after enactment of this Act, a review of health and safety data on the
employment of minors in the following activities:
repetitive bending, stooping, twisting, squatting; lifting of
heavy or unwieldy objects; working alone or late at night while
interacting with the public and handling cash; and work in the
entertainment industry that is detrimental to the minor’s well-being.
Within 12 months after the review, the Secretary of Labor shall
promulgate appropriate rules.
Title III-Effective Dates.
Section 301. Effective Date.
The provisions of this Act shall take
effect on the date of the enactment of this Act except that Section
101 of this Act shall take effect on the first day of the 12th
month after the month in which this Act is enacted.
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