Youth Worker Protection Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to revise requirements relating to child labor and to set forth new requirements for the employment of minors.
Establishes FLSA requirements for employment of minors, including those for: (1) work permits; (2) working-hour restrictions for minors in specified age groups, and in relation to school attendance; (3) notification of serious work-related injuries; (4) data compilation, retention, and reporting by state agencies; (5) prohibition of youth peddling; (6) civil actions for bodily injury, illness, or death; (7) public disclosure of violations; and (8) civil penalties.
Revises FLSA child labor requirements to: (1) set the same minimum age for children in agricultural employment as for those in nonagricultural employment; (2) impose a uniform minimum age for employment in all hazardous occupations; (3) eliminate the Secretary of Labor's authority to issue waivers with respect to certain hand harvest labor by children; (4) eliminate an exception for scrap paper balers and paper box compactors; and (5) declare that youth peddling affects commerce (and thus is subject to Federal regulation).
Directs the Secretary of Labor to promulgate: (1) a rule relating to particularly hazardous occupations for children between the ages of 16 and 18, based on a specified report and recommendations of the National Institute for Occupational Safety and Health (NIOSH); and (2) a rule prohibiting employment of minors in seafood processing or in jobs requiring them to handle or dispose of oil or other liquids from fryers.
Requires the Secretary to review: (1) restricted occupation and hazardous occupation orders at least once every five years; and (2) health and safety data on employment of minors in activities involving certain repetitive motions, or lifting, or working alone or late at night in retail establishments with public contact and cash handling, or entertainment industry work detrimental to them, and report with appropriate rules to Congress.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2870 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2870
To amend the Fair Labor Standards Act of 1938 to reform the provisions
relating to child labor, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 2005
Mr. Lantos (for himself, Mr. Owens, Mr. Oberstar, Mr. Gutierrez, Mr.
George Miller of California, Mr. Payne, Mr. Sanders, Mr. Grijalva, Mr.
McGovern, Ms. Woolsey, Mrs. Christensen, Mr. Stark, Mrs. Maloney, Mr.
Filner, Ms. Solis, Ms. Schakowsky, Mr. Tierney, Mr. Kucinich, Mr. Brown
of Ohio, Ms. Roybal-Allard, Mr. Davis of Illinois, Mr. Frank of
Massachusetts, Ms. DeLauro, Mr. Dingell, Ms. Velazquez, and Mr.
McDermott) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to reform the provisions
relating to child labor, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Worker Protection Act''.
TITLE I--AMENDMENTS TO FAIR LABOR STANDARDS ACT OF 1938
SEC. 101. AMENDMENTS TO FAIR LABOR STANDARDS ACT OF 1938 TO ADD A TITLE
RELATING TO EMPLOYMENT OF MINORS.
(a) New Title.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201
et seq.) is amended by adding at the end the following new title:
``TITLE II--EMPLOYMENT OF MINORS
``SEC. 201. REQUIREMENTS FOR EMPLOYMENT OF MINORS.
``An employer may employ a minor only if the following requirements
are met:
``(1) The minor is at least 14 years old or, if younger
than 14 years old, is otherwise permitted to work under this
Act.
``(2) The minor is employed in accordance with this Act and
in accordance with any other Federal, State, or local law that
provides greater protection to minors.
``(3) The minor has a work permit under section 203.
``(4) In the case of a minor who is between the ages of 16
and 18 years, the employment is not in an occupation that is
particularly hazardous for the employment of children between
those ages or detrimental to their health or well-being, within
the meaning of section 3(l)(2).
``SEC. 202. FEDERAL AND STATE RESPONSIBILITIES.
``(a) Federal Responsibilities.--The Secretary shall carry out
Federal responsibilities under this title.
``(b) Designated State Agency.--Each State shall designate a State
agency to be the issuing authority for work permits under this title
and to carry out other State responsibilities under this title.
``SEC. 203. WORK PERMIT.
``(a) Model Form and Application.--The Secretary shall prescribe a
unified model form that contains both the work permit required by
section 201 and the application for the permit.
``(b) Contents.--The model form shall provide for the following
information:
``(1) Name, date of birth, gender, racial or ethnic
background, and contact information of the minor.
``(2) Name, contact information, and consent of a parent of
the minor.
``(3) In the case of a school-age minor, a certification by
a school official that the official has informed the minor of
school attendance requirements and has given the minor a
written summary of those requirements.
``(4) Name, contact information, and type of business of
the employer.
``(5) Type of work.
``(6) Summary of age limitations and other legal
requirements for employment of minors.
``(7) Name and contact information of the designated State
agency.
``(c) State Modification.--The designated State agency, in
consultation with the Secretary, may modify the model form to improve
clarity or information content, or to improve the implementation of
this title in conjunction with related provisions of State law.
``(d) Duration of Permit.--A work permit issued under this section
shall expire on the earliest of--
``(1) the expiration date specified in the permit;
``(2) 1 year after the date of issuance of the permit;
``(3) the end of the employment for which the permit is
issued; or
``(4) a change in school districts by the minor.
``(e) School Certification for Work Permit Issued While School not
in Session.--A work permit that is issued when school is not in session
shall be subject to certification under subsection (b)(3) not later
than 30 days after school resumes. If the minor does not obtain
certification during that period, the permit shall be suspended until
the certification is obtained. As used in this subsection, the term `in
session' has the meaning given that term under the law applicable to
the school district in which the minor involved lives.
``(f) Revocation of Work Permit and Appeal.--
``(1) Revocation.--The designated State agency may, after
notice and an opportunity to respond, revoke a work permit, if
the agency finds either of the following:
``(A) The minor is not in compliance with school
attendance requirements.
``(B) The minor is adversely affected by the
employment involved.
``(2) Appeal.--A minor (or the parent of a minor) or an
employer may appeal a decision under paragraph (1), in
accordance with applicable law.
``SEC. 204. WORKING-HOUR RESTRICTIONS FOR MINORS.
``(a) School-Age Minors.--An employer may not permit a school-age
minor to work during school hours.
``(b) Minors 16 or 17 Years of Age.--An employer may not permit a
minor who is 16 or 17 years of age--
``(1) to work before 7 a.m. on any day;
``(2) to work later than 10 p.m. on a day before a school
day or later than 11 p.m. on any other day;
``(3) to work more than 4 hours on a school day or more
than 8 hours on any other day;
``(4) to work more than 20 hours during a week in which
school is in session or more than 40 hours during any other
week; or
``(5) to work on more than 6 consecutive days.
``(c) Minors 14 or 15 Years of Age.--An employer may not permit a
minor who is 14 or 15 years of age--
``(1) to work before 7 a.m. on any day;
``(2) to work later than 7 p.m. on any day, except that
during summer vacation periods (or during corresponding
vacation periods for year-round schools) the latest hour for
work under this paragraph shall be 9 p.m.;
``(3) to work more than 3 hours on a school day or more
than 6 hours on any other day;
``(4) to work more than 15 hours during a week in which
school is in session or more than 30 hours during any other
week; or
``(5) to work on more than 5 consecutive days.
``(d) Definitions.--As used in this section, the terms `school
hours', `school day', and `in session', respectively, have the meanings
given those terms under the law applicable to the school district in
which the minor involved lives.
``SEC. 205. NOTIFICATION OF SERIOUS WORK-RELATED INJURIES.
``(a) In General.--If a minor sustains a serious work-related
injury, each person specified in subsection (b) shall so notify the
designated State agency, which shall inform each parent of the minor of
the injury.
``(b) Persons Specified.--The persons referred to in subsection (a)
are:
``(1) The employer of the minor.
``(2) If medical attention is given to the minor, an
appropriate medical professional who is responsible for that
medical attention.
``(3) If the injury is the subject of investigation by a
law enforcement agency, an appropriate employee of that agency.
``(4) If the minor attends school and is absent for more
than 3 days because of the injury, an appropriate employee of
the school.
``(c) Definition.--As used in this section, the term `serious work-
related injury' means, with respect to a minor, a work-related injury
that results in--
``(1) the death of the minor;
``(2) medical attention for the minor; or
``(3) investigation by a law enforcement agency.
``SEC. 206. DATA COMPILATION, RETENTION, AND REPORTING BY DESIGNATED
STATE AGENCY.
``(a) Data Compilation and Retention.--The designated State agency
shall compile, on a continuing basis, and retain, for not less than 7
years, the following:
``(1) Statistical data derived from the work permits under
section 203.
``(2) Statistical data relating to injuries for which
notification is required under section 205.
``(b) Annual Reports.--The designated State agency shall report
annually to the Secretary of Labor, at such time and in such manner as
the Secretary may require--
``(1) statistical data referred to in subsection (a); and
``(2) information relating to the activities and number of
work-hours devoted by State and local government employees
(including contractors) to the administration and enforcement
of child labor laws in the State.
``SEC. 207. PROHIBITION OF YOUTH PEDDLING.
``No employer may employ a minor in youth peddling.
``SEC. 208. ENFORCEMENT.
``(a) Civil Action for Bodily Injury, Illness, or Death.--
``(1) In general.--A minor who suffers bodily injury,
illness, or death as a result of a violation of this title may
bring a civil action against the violator. The civil action may
be brought in an appropriate Federal court (without regard to
the amount in controversy) or in an appropriate State court.
``(2) Relief.--In a civil action under this subsection, the
court--
``(A) may grant appropriate legal or equitable
relief; and
``(B) shall order the defendant to pay to a
prevailing plaintiff appropriate amounts for attorney
fees and costs.
``(3) Relation to state workers' compensation.--In awarding
relief under this subsection, the court may take into
consideration any payment for the bodily injury, illness, or
death under State workers' compensation law. If so provided by
State law, any amount awarded under this subsection may be
offset against State workers' compensation payments for the
bodily injury, illness, or death.
``(b) Public Disclosure of Violations.--In the case of any final
determination that a violation of this title has occurred, the
Secretary shall, not later than 30 days after the date of the
determination, publish in the Federal Register and on the web page of
the Department of Labor the following:
``(1) The name of the violator, including any business name
and any other name by which the violator is known publicly.
``(2) The address of the location at which the violation
occurred.
``(3) A description of the facts underlying the violation.
``(4) A statement of the penalty imposed.
``(c) Civil Penalties.--Any person who violates this title, or any
regulation under this title, shall be subject to a civil penalty of not
less than $500 and not more than $15,000 for each employee who is the
subject of the violation, except that--
``(1) in the case of a violation that results in serious
injury or death, the civil penalty shall be not less than
$15,000 and not more than $50,000; and
``(2) in the case of a willful or repeat violation, the
civil penalty shall be not less than $15,000 and not more than
$100,000.
``(d) Criminal Penalties.--Whoever violates this title shall be
imprisoned not more than 3 years or fined under title 18, United States
Code, or both, except that in the case of a second or subsequent
offence, the penalty shall be imprisonment of not less than 3 years and
not more than 5 years and a fine under title 18, United States Code, or
both.
``SEC. 209. DEFINITIONS.
``As used in this title:
``(1) The term `designated State agency' means an agency
designated under section 202(b).
``(2) The term `minor' means an individual who is under the
age of 18 years.
``(3) The term `parent' includes, with respect to a minor,
a legal guardian and any person standing in loco parentis.
``(4) The term `school-age minor' means a minor who, as
determined under the law applicable to the school district in
which the minor lives, has not earned a high school diploma or
other document of equivalent or greater status.''.
(b) Clerical Amendment.--The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.) is amended by inserting before section 2 the
following new title heading:
``TITLE I--FAIR LABOR STANDARDS''.
SEC. 102. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 1938 TO PROVIDE
MINIMUM AGE PARITY FOR CHILD LABOR IN AGRICULTURAL AND
NONAGRICULTURAL EMPLOYMENT.
Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(c)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``twelve years of age and (i)'' and
inserting ``fourteen years of age and''; and
(B) by striking ``(ii) '' and all that follows
through ``section 6(a)(5),'';
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).
SEC. 103. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 1938 TO IMPOSE A
UNIFORM MINIMUM AGE FOR EMPLOYMENT IN ALL HAZARDOUS
OCCUPATIONS.
Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(c)) is amended--
(1) by striking paragraph (2); and
(2) in the matter before subparagraph (A) of paragraph (1),
by striking ``(2) or''.
SEC. 104. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 1938 TO ELIMINATE
SECRETARIAL WAIVER AUTHORITY FOR CERTAIN HAND HARVEST
LABOR BY CHILDREN.
Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(c)) is amended by striking paragraph (4).
SEC. 105. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 1938 TO ELIMINATE A
CHILD LABOR EXCEPTION FOR SCRAP PAPER BALERS AND PAPER
BOX COMPACTORS.
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is
amended--
(1) by striking paragraph (5) of section 13(c) (29 U.S.C.
213(c)(5)); and
(2) in the first sentence of section 16(e) (29 U.S.C.
216(e)), by striking ``or section 13(c)(5)'' each place it
appears.
SEC. 106. AMENDMENT TO FAIR LABOR STANDARDS ACT OF 1938 TO INCLUDE
YOUTH PEDDLING.
(a) Finding.--The second sentence of section 2(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 202(a)) is amended by striking
``affects'' and inserting the following: ``and the employment of
persons under the age of 18 years in youth peddling affect''.
(b) Definitions.--Section 3 of the Fair Labor Standards Act of 1938
(29 U.S.C. 203) is amended by adding at the end the following new
subsections:
``(z) `Youth peddling' means sale of goods or services by a minor
in a public place (including any street corner, roadway median, sports
facility, performing arts facility, or public transportation station),
at the residence of the customer, at the place of business of the
customer, or from a vehicle, except that such term does not include--
``(1) newspaper delivery to a customer at the residence of
the customer or at the place of business of the customer;
``(2) sale of goods or services at a fixed retail location;
or
``(3) sale of goods or services on behalf of an
organization that is described in section 501(c) of the
Internal Revenue Code of 1986 and is exempt from taxation under
section 501(a) of such Code, if the minor is a volunteer and
does not receive compensation for the sale.
``(aa) `Minor' means an individual who is under the age of 18
years.''.
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 201. HAZARDOUS OCCUPATIONS RULE BASED ON NIOSH REPORT.
(a) In General.--Not later than 24 months after the date of the
enactment of this section, the Secretary of Labor shall promulgate a
rule, under section 553 of title 5, United States Code, to carry out
this section.
(b) Scope of Rule.--The rule referred to in subsection (a) shall
provide that, in the application and enforcement of the child labor
provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.), any occupation specified in subsection (c) is particularly
hazardous for the employment of children between the ages of 16 and 18
years or detrimental to their health or well-being, within the meaning
of section 3(l)(2) of that Act (29 U.S.C. 203(l)(2)).
(c) Occupations Specified.--The occupations referred to in
subsection (b) are--
(1) the occupations that are the subjects of
recommendations pertaining to current hazardous orders, as
stated in part IV of the report entitled ``National Institute
for Occupational Safety and Health (NIOSH) Recommendations to
the U.S. Department of Labor for Changes to Hazardous Orders'',
dated May 3, 2002; and
(2) the occupations that are the subjects of
recommendations for new hazardous orders, as stated in part V
of that report.
(d) Rule Consistency With NIOSH Recommendations.--With respect to
each occupation, the rule shall impose requirements that are consistent
with the parts IV and V recommendations in the NIOSH report, except
that--
(1) in the case of the part IV recommendation HO 10 for
Non-Agricultural Occupations, the rule may not provide for
employment of children between the ages of 16 and 18 years in
the operation of power-driven meat and food slicers in the
wholesale, retail, or services industry;
(2) the rule may not allow for the operation of counter-top
models of power-driven bakery machines, as proposed in the part
IV recommendation HO 11 for Non-Agricultural Occupations; and
(3) in the case of the part IV recommendation HO 1 for
Agricultural Occupations, the rule may not provide for
employment of children between the ages of 14 and 15 years as
tractor operators.
SEC. 202. PERIODIC REVIEW OF RESTRICTED OCCUPATION AND HAZARDOUS
OCCUPATION ORDERS.
(a) In General.--At appropriate intervals, but in no case less than
once during each five-year period, the Secretary of Labor shall conduct
a comprehensive review of Restricted Occupation Orders and Hazardous
Occupation Orders to assure that such Orders are current and effective
in light of changes in science and technology, data on occupational
injuries, and other relevant factors.
(b) Rules.--At the end of each review referred to in subsection
(a), the Secretary shall promulgate rules, under section 553 of title
5, United States Code, to effect necessary changes in Restricted
Occupation Orders and Hazardous Occupation Orders.
(c) Timing.--The first five-year period referred to in subsection
(a) is the five-year period beginning with the year in which this
section is enacted.
SEC. 203. RULE TO PROHIBIT EMPLOYMENT OF MINORS IN CERTAIN ACTIVITIES.
(a) In General.--Not later than 24 months after the date of the
enactment of this section, the Secretary of Labor shall promulgate a
rule, under section 553 of title 5, United States Code, to prohibit
employment of minors in the following activities:
(1) Seafood processing.
(2) Employment requiring a minor to handle or dispose of
oil or other liquids from fryers.
(b) Definition.--As used in this section, the term ``minor'' means
an individual who is under the age of 18 years.
SEC. 204. REVIEW OF HEALTH AND SAFETY DATA; RULES.
(a) Review.--Not later than 36 months after the date of the
enactment of this section, the Secretary of Labor shall complete a
review of health and safety data on the employment of minors in the
following activities:
(1) Repetitive bending, stooping, twisting, and squatting.
(2) Lifting of heavy objects and unwieldy objects.
(3) Working alone or late at night in retail establishments
where there is direct contact with the public and cash is
handled.
(4) Work in the entertainment industry that is detrimental
to the health, safety, education, or well-being of minors.
(b) Rules.--Upon completion of the review under subsection (a), the
Secretary shall submit to the Congress a report of the review, together
with appropriate rules under section 553 of title 5, United States
Code. The effective date of the rules shall be not earlier than 12
months after the date on which congressional review begins under
section 801 of title 5, United States Code.
(c) Definition.--As used in this section, the term ``minor'' means
means an individual who is under the age of 18 years.
TITLE III--EFFECTIVE DATES
SEC. 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Sponsor introductory remarks on measure. (CR E1215-1217)
Referred to the Subcommittee on Workforce Protections.
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