1030‑S AMH ROME CORD 2
SHB 1030 ‑ H AMD
By Representative Romero
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 49.12 RCW to read as follows:
(1) Except for employment standards relating to hazardous occupations, a contract entered into as specified in this section by a minor age sixteen or older may provide for different employment standards during the school year than the employment standards for minors under RCW 49.12.121, or rules adopted under RCW 49.12.121. The contract must be approved and signed by the minor, the minor's parent or legal guardian, a representative of the minor's school, and each of the minor's employers. The contract shall be filed with the minor's school and a copy maintained on record by the minor's employer. The contract may be renewed each school quarter or trimester, as long as the terms of the contract are met.
(2) The contract shall contain provisions:
(a) Stating the minor's reasons for seeking working conditions that differ from the requirements of RCW 49.12.121 or rules adopted under RCW 49.12.121, including financial need;
(b) Requiring a meeting of the contracting parties at least once each school quarter to evaluate at least the following:
(i) The minor's school performance. The school representative shall evaluate and report on the minor's progress in school, including reports on attendance, grades, and attentiveness in school. If there is a significant decline in school performance, the school representative shall make recommendations regarding termination of or changes to the contract. Any final decision regarding termination of or changes to the contract shall be made by the minor's parent or guardian; and
(ii) The minor's job performance. Each employer with whom the minor is employed shall evaluate and report on the basic work skills learned by the minor, including work attendance and ability to follow instructions;
(c) Specifying the working conditions for the minor that will differ from the working conditions under RCW 49.12.121 or rules adopted under RCW 49.12.121, but the minor may not work:
(i) During hours when school is in session, unless the minor is participating in a work experience program certified and monitored by the office of the superintendent of public instruction or the minor's school district; or
(ii) More than thirty-two hours per week when school is in session; and
(d) Stating the employer's obligation to comply with chapter 49.46 RCW and the employment standards of this chapter, including maintaining a minor work permit, not otherwise specified by the contract.
Sec. 2. RCW 49.12.121 and 1993 c 294 ' 9 are each amended to read as follows:
(1) The 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. When a minor is employed by more than one employer, the total hours worked by the minor in all employments must be included in determining compliance with rules that limit the hours worked per day or week, or other specified work period. However, the rules may not limit the hours per day or per week, or other specified work period, that may be worked by minors who are emancipated by court order.
(2) The department shall issue work permits to employers for the employment of minors, after being assured the proposed employment of a minor meets the standards for the health, safety, and welfare of minors as set forth in the rules adopted by the department. No minor person shall be employed in any occupation, trade, or industry subject to 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 minor may then be attending. However, the consent of a parent, guardian, or other person, or the approval of the school which the minor may then be attending, is unnecessary if the minor is emancipated by court order.
(3) The minimum wage for minors shall be as prescribed in RCW 49.46.020.
Sec. 3. RCW 49.12.410 and 1991 c 303 ' 5 are each amended to read as follows:
(1) An employer who knowingly or recklessly violates the requirements of RCW 49.12.121 or 49.12.123, or a rule or order adopted under RCW 49.12.121 or 49.12.123, is guilty of a gross misdemeanor. An employer whose practices in violation of the requirements of RCW 49.12.121 or 49.12.123, or a rule or order adopted under RCW 49.12.121 or 49.12.123, result in the death or permanent disability of a minor employee is guilty of a class C felony.
(2) This subsection does not apply to violations of the requirements for minor work permits or maintenance of records.
NEW SECTION. Sec. 4. The department of labor and industries shall, in consultation with an advisory committee of educators, review the impact of employment standards for minors on minors' education and employment opportunities, including a review of the job skills and work ethic training that the minors obtain through the employment opportunities available to minors. By December 1, 1995, the department shall report its findings and recommendations from the study to the appropriate committees of the legislature."
Correct the title accordingly.
EFFECT: The striking amendment deletes the provisions of the substitute bill that would have modified the authority of the Department of Labor and Industries to adopt rules regarding the employment of minors.
The striking amendment: (1) retains the department's current authority to adopt these rules, but allows a minor age 16 or 17 to enter into a contract with his or her parents, school, and employers that could specify working conditions during the school year that are different from the rules, except that the minor could not work in prohibited hazardous occupations, during school hours (unless in a school work experience program), or more than 32 hours per week when school is in session; (2) specifies that in determining compliance with rules that limit work hours, all the hours worked by a minor in more than one employment must be included;(3) provides that criminal penalties for violations of the minor employment standards do not apply to the minor work permit requirement or recordkeeping requirements; and (4) requires the Department of Labor and Industries to report by December 1, 1995, regarding the impact of minor employment standards on minors' education and employment opportunities.