As states across the nation rollback child labor laws, the Pennsylvania Legislature intends to combat weakened laws in an effort to protect minor workers.
On June 28, 2023, the Pennsylvania House of Representatives passed House Bill No. 1354, which will increase the penalties for employers who are found to be violating Pennsylvania’s Child Labor Act.
KingSpry’s Employment Law Chair Avery E. Smith is monitoring these developments and details what employers must know, should HB 1354 become law.
Pennsylvania Child Labor Law
Pennsylvania’s Child Labor Law (“CLL”) was enacted to “provide for the health, safety, and welfare of minors by forbidding their employment or work in certain establishments and occupations, and under certain specified ages.” With the exception of farm work or domestic service in a private home, CLL governs employment in any establishment.
A key provision of CLL is the requirement of minors to obtain work permits prior to working. CLL also governs the hours and time which a minor may work, which must be abided to avoid violation.
When Can Minors Work?
Pursuant to CLL, when and for how long a minor may work depends on their age, length of shift, time of day, and whether school is in session.
Hours
During the school year, a minor ages 14 and 15 can work:
- A maximum of three (3) hours on school days;
- A maximum of eight (8) hours on non-school days; and
- A maximum of eighteen (18) hours per school week (Monday—Friday).
During school vacations, a minor ages 14 and 15 can work:
- A maximum of eight (8) hours per day; and
- A maximum of forty (40) hours per week.
During the school year, a minor ages 16 and 17 can work:
- A maximum of eight (8) hours per day;
- A maximum of twenty-eight (28) hours per school week (Monday—Friday); and
- A maximum of eight (8) additional hours on the weekend.
During school vacations, a minor ages 16 and 17 can work:
- A maximum of ten (10) hours per day; and
- A maximum of forty-eight (48) hours per week.
- It is important to note that a minor can refuse to work over forty-four (44) hours per week.
Time of Day
Minors ages 14 and 15 may not work after 7 p.m., nor before 7 a.m. During school vacations, these children may work until 9 p.m.
Minors ages 16 and 17 may not work after 12 a.m. (midnight), nor before 6 a.m. During school vacations, these children may work until 1 a.m.
Where can Minors Work?
Pursuant to CLL, minors cannot be employed as an electrical worker, elevator operator, forest firefighter, meat processor, roofer, welder, woodworker, among other occupations.
Further, minors cannot work in establishments where alcoholic beverages are produced, sold or dispensed (except in parts of the establishment where alcohol is not served), on boats, on machinery, on baking machinery or amongst other similar work environments.
It is important that employers review CLL before hiring minor workers for certain positions, as these restrictions depend not only on the minor status of a worker, but the specific age of the minor and nature of the work to be performed.
Rollback in CLL Across the Nation
Some states are proposing and passing legislation which weakens their child labor regulations. These rollbacks include allowing employers to hire children without work permits and scheduling children to work longer hours under dangerous conditions.
Though Child Labor Laws have been of significant political debate in other states, the Pennsylvania Legislature shares bipartisan support of increasing the protection of minor workers, as HB 1354 passed with a 180-23 vote.
What will HB 1354 Change?
Sponsor of HB 1354, Representative Regina G. Young shares that the number of minors employed in violation of child labor laws increased 283% from 2015 to 2022, and Pennsylvania contributes to that number. In February of 2023, a McDonald’s franchise operator in Erie and Warren counties was found illegally employing 154 minors who were 14- and 15-years-old.
HB 1354 will increase the penalties for employers who violate provisions of CLL, as criminal penalties for violations will double in Pennsylvania.
What are the Penalties?
Currently, penalties for violating CLL in Pennsylvania are:
- Summary offense and a $500 fine for first-time violations; and
- Summary offense and a $1,500 fine for all subsequent violations.
Upon passage of HB 1354, employers who violate CLL in Pennsylvania are subject to a summary offense and $1,000 fine for their first-time violation, and an additional $3,000 fine and/or 10-day imprisonment for each subsequent offense.
Takeaways for Employers
Upon passage in the state senate, the provisions of HB 1354 will take effect in thirty (30) days. Employers should review their hiring processes and ensure that minors are working in positions and environments that comply with Pennsylvania’s Child Labor standards.
If you currently employ minors and/or have questions about Pennsylvania Child Labor Law, an Employment Law attorney at KingSpry is prepared to assist you.
