H-0727.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1030
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By House Committee on Commerce & Labor (originally sponsored by Representatives Lisk, Carlson, Dyer, Skinner, Cooke, Schoesler, Thompson, Goldsmith, Chandler, Basich, Foreman, Honeyford, Hankins, D. Schmidt, Mulliken, McMorris, Clements, Fuhrman, Sheldon, L. Thomas, Huff, Silver, Buck and McMahan)
Read first time 01/16/95.
AN ACT Relating to the employment of minors; amending RCW 49.12.121; repealing RCW 49.12.123; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 49.12.121 and 1993 c 294 s 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. 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)) determining
that 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)) this chapter. 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. The employer who is required to have a work permit under
this section or RCW 49.12.124 shall keep the permit on file during the
employment of a minor or minors.
(2)(a) Except as otherwise provided in this chapter, minors under the age of sixteen may not be employed:
(i) When school is in session, more than three hours per day on school days, more than eight hours per day on nonschool days, or more than eighteen hours per week;
(ii) When school is not in session, more than eight hours per day or more than forty hours per week;
(iii) After 8:00 p.m. in service occupations unless supervised by a responsible adult who is required to be on the premises;
(iv) More than five hours without a meal period of at least thirty minutes. Minors shall be given a rest period of at least ten minutes in every four-hour period of employment;
(v) During school hours unless special permission has been granted under RCW 28A.225.010 and 28A.225.080;
(vi) Before 7:00 a.m. or after 7:00 p.m. during the school year; or
(vii) Before 7:00 a.m. or after 9:00 p.m. during the summer school vacation.
(b) The limits in (a) of this subsection do not apply to minors who are emancipated by court order.
(3) No minor may be employed in occupations determined by department rule to be unreasonably hazardous. In adopting rules under this subsection, the department shall not restrict employment beyond the restrictions of the occupation standards of the child labor provisions of the fair labor standards act (29 C.F.R. Part 570, Subpart C), as existing on January 1, 1994.
(4) The minimum wage for minors shall be as prescribed in RCW 49.46.020.
NEW SECTION. Sec. 2. RCW 49.12.123 and 1991 c 303 s 8, 1983 c 3 s 156, & 1973 c 51 s 3 are each repealed.
NEW SECTION. Sec. 3. 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 immediately.
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