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ENGROSSED SUBSTITUTE HOUSE BILL 1045
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State of Washington 53rd Legislature 1993 Regular Session
By House Committee on Commerce & Labor (originally sponsored by Representatives Orr, Mastin, Riley, Zellinsky, Roland, Sheldon, Dorn, R. Meyers, Grant, Kremen, Ludwig, R. Fisher, Morris, R. Johnson, Scott, Bray, Talcott, Campbell, Rayburn, Padden, Foreman, Dyer, Sheahan, Ballasiotes, Long, Springer, Stevens, Brumsickle, Horn, Forner, Miller, Schmidt, Sehlin, Edmondson, Hansen, Lemmon, Schoesler, Morton, Fuhrman, Tate, Vance, Thomas, Mielke, Chandler, Lisk, Wood, Cooke, Sommers and Silver)
Read first time 03/03/93.
AN ACT Relating to working hours for minors; amending RCW 49.12.121; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 49.12.121 and 1989 c 1 s 3 are each amended to read as follows:
(1)
The ((committee, or the director,)) department may at any time
inquire into wages, hours, and conditions of labor of minors employed in any
trade, business or occupation in the state of Washington and may adopt special
rules for the protection of the safety, health and welfare of minor employees.
(2) Except as otherwise provided in this chapter, the hours of employment for minors age sixteen and seventeen shall not be restricted except as follows:
(a) The total number of hours worked during the school year may not exceed:
(i) A maximum of six hours per day on any school day preceding another school day except Sundays, or otherwise a maximum of eight hours per day including Sundays;
(ii) A maximum of six days per week; or
(iii) A maximum of twenty hours per week.
(b) Employment during the school year may not:
(i) Begin earlier than 7:00 a.m. on a school day;
(ii) Begin earlier than 5:00 a.m. on Saturdays, Sundays, or school holidays or vacations;
(iii) End later than 10:00 p.m. on any day preceding a school day; or
(iv) End later than 12:00 a.m. on Fridays, Saturdays, and the day preceding a school holiday or vacation.
(c) Minors may not work during school hours, unless the minor has been excused from school attendance by the minor's school district superintendent or her or his authorized agent, or the minor is in home-based instruction under RCW 28A.225.010(4) and the employer keeps on file a copy of the declaration of intent required under RCW 28A.200.010.
(d) The total number of hours worked during school vacations may not exceed a maximum of eight hours per day or forty-eight hours per week.
(e) Employment during school vacations may not begin earlier than 5:00 a.m. or end later than 12:00 a.m.
(f) Minors employed past 8:00 p.m. in service occupations must be supervised by a responsible adult employee who is on the premises at all times.
(3)(a) A variance to the requirements of subsection (2)(a)(iii) of this section may be granted by the minor's school with concurrence of the minor's parent or legal guardian. The department shall adopt rules establishing the procedures that the school must follow in granting a variance under this subsection. The variance may permit up to a maximum of twenty-eight hours of work per week during the school year.
(b) Sixteen and seventeen-year-old minors who have been issued a certificate of educational competence pursuant to RCW 28A.305.190, are enrolled in a bona fide college program, are named on a valid certificate of marriage, or are shown as the parent on a valid certificate of birth may work as would be permitted during school vacations.
(4) The minimum wage for minors shall be as prescribed in RCW 49.46.020.
(5)
The ((committee)) department shall issue work permits to
employers for the employment of minors, after being assured the proposed
employment of a minor meets the standards ((set forth)) concerning the
health, safety and welfare of minors ((as)) set forth in this chapter
and the rules ((and regulations promulgated)) adopted by the
((committee)) department. No minor person shall be employed in
any occupation, trade or industry subject to ((this 1973 amendatory act))
chapter 16, Laws of 1973 2nd ex. sess., unless a work permit has been
properly issued((, with)). The consent of the parent, guardian
or other person having legal custody of the minor and ((with)) the
approval of the school which ((such)) the minor may then be
attending is also required if a minor age sixteen or seventeen is working
more than twenty hours per week during the school year, or if a minor is under
age sixteen.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.
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