H-2497

AN ACT Relating to the employment of minors; amending RCW 49.12.121, 49.12.170, 49.12.390, and 49.12.420; repealing RCW 49.12.123 and 49.12.410; 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)~~)) Before hiring a minor or allowing a minor to work, an employer that seeks to employ one or more minors must:

(a) Obtain, maintain, and post a valid minor work permit from the department for each workplace at which minors will be employed. 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 this chapter and 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)~~)) as specified in this chapter; and

(b)(i) If the minor will be employed a total of twenty hours per week or less during the school year, obtain a signed authorization from the minor's parent, guardian, or other person having legal custody of the minor indicating approval of the minor's job duties and the hours of work. The employer shall send a copy of this authorization to the school that the minor is attending. This authorization may not be required more often than once during the school year.

(ii) If the minor will be employed for a total of more than twenty hours per week during the school year under a variance granted under subsection (4) of this section, obtain a copy of the completed approved variance.

(2)(a) Any department requirements for employers to keep minor employee personnel records must be the same as for all other employers under this chapter, with the following additions, as applicable:

(i) A current copy of the authorization required under subsection (1)(b)(i) of this section; or

(ii) A current copy of a variance granted under subsection (4)(b) or (7) of this section or RCW 49.12.105.

(b) Employers may keep these records in a central location where business records are regularly maintained but must make them available within a reasonable time following a request by the department.

(3) Except as otherwise provided in this chapter, the employment of a minor under the age of sixteen is restricted as follows:

(a) During a school week, the total number of hours worked may not exceed three hours per day on a school day, eight hours per day on other days, or eighteen hours per week.

(b) During a nonschool week, the total number of hours worked may not exceed eight hours per day or forty hours per week.

(c) Employment may not begin before 7:00 a.m. During the school year, employment must end no later than 7:00 p.m. and, during the summer school vacation, employment must end no later than 9:00 p.m.

(d) Employment during school hours is not permitted.

(4)(a) Except as otherwise provided in this chapter, the hours of employment for minors age sixteen and seventeen may not be restricted except as follows:

(i) During a school week:

(A) The total number of hours worked may not exceed six hours per day on a school day, eight hours per day on other days, or twenty hours per week;

(B) Employment may not begin before 7:00 a.m. on a school day or before 5:00 a.m. on other days; and

(C) Employment must end no later than 10:00 p.m. on days preceding a school day and no later than midnight on other days.

(ii) During a nonschool week, the total number of hours worked may not exceed ten hours per day or forty-eight hours per week.

(iii) Minors who have been issued a certificate of educational competence under 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 nonschool weeks.

(iv) Employment during school hours is not permitted unless the minor has been excused from school attendance by the minor's school district superintendent or his or her authorized agent, or by the chief administrator of the approved private school attended by the minor, as applicable.

(b) A variance to (a)(i)(A) and (C) of this subsection may be granted by the minor's school with concurrence of the minor's parent or legal guardian to permit any of the following:

(i) Up to eight hours of work per day on a school day and up to thirty-six hours of work per week during the school year; and

(ii) Employment until 11:00 p.m. on a day preceding a school day, except that working past 10:00 p.m. on two consecutive days preceding school days is not permitted.

Variance authorization under this subsection (4)(b) may not be required more often than twice during the school year: In September, or whenever the variance request is made during the school year, and in January of the school year. The department shall develop a form that the school must use in granting a variance under this subsection.

(5) Employment of a minor after 8:00 p.m. in a service occupation must be supervised by a responsible adult employee who is on the premises at all times.

(6) Subsections (1)(b) and (3) through (5) of this section do not apply to a minor who is emancipated by court order or to the employment of a minor by his or her own parents or grandparents.

(7) The department may issue an order granting a variance to any of the standards contained in subsections (3) through (5) of this section if the director determines that the applicant has satisfied the requirements for the granting of a variance under RCW 49.12.105.

(8) Minors must be given meal and rest breaks to the same extent and under the same conditions as breaks are provided to all other employees under department rules adopted under this chapter.

(9) Minors may be employed in any occupation or doing any type of work other than that which is prohibited by this code or rules adopted by the department. The department's rules shall be adopted pursuant to the authority granted in chapter 49.17 RCW and enforced under this chapter. Rules adopted after the effective date of this section may not restrict the occupations or types of work in which minors may be employed beyond the restrictions of the child labor provisions of the fair labor standards act (29 C.F.R. Part 570, Subpart E), unless the department can show by substantial evidence that the restriction is necessary to protect the health and safety of minors.

(10) In addition to the penalties under RCW 49.12.390, an employer whose practices in violation of this section, or a rule or order adopted under this section, result in the death or permanent disability of a minor employee is subject to prosecution under the Washington criminal code, Title 9A RCW.

(11) The minimum wage for minors shall be as prescribed in RCW 49.46.020.

(12) As used in this section:

(a) "School day" means a day on which a minor is required to attend school pursuant to the attendance policy of the school in which the minor is enrolled.

(b) "School hours" means the hours of a school day in which a minor is required to attend school pursuant to the attendance policy of the school in which the minor is enrolled.

(d) "School year" means the academic school year scheduled by school officials for the school in which the minor is enrolled.

(e) "School" means a public school operated by the state of Washington or a private school approved under chapter 28A.195 RCW.

NEW SECTION. Sec. 2. The following acts or parts of acts are each repealed:

(1) RCW 49.12.123 and 1991 c 303 s 8, 1983 c 3 s 156, & 1973 c 51 s 3; and

(2) RCW 49.12.410 and 1991 c 303 s 5.

Sec. 3. RCW 49.12.170 and 1994 c 164 s 21 are each amended to read as follows:

Except as otherwise provided in RCW 49.12.121(10) or 49.12.390 ((~~or 49.12.410~~)), any employer employing any person for whom a minimum wage or standards, conditions, and hours of labor have been specified, at less than said minimum wage, or under standards, or conditions of labor or at hours of labor prohibited by the rules and regulations of the director; or violating any other of the provisions of chapter 16, Laws of 1973 2nd ex. sess., shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars nor more than one thousand dollars.

Sec. 4. RCW 49.12.390 and 1991 c 303 s 3 are each amended to read as follows:

(1)(a) Except as otherwise provided in subsection (2) of this section, if the director, or the director's designee, finds that an employer has violated any of the requirements of RCW 49.12.121 ((~~or 49.12.123~~)), or a rule or order adopted or variance granted under RCW 49.12.121 ((~~or 49.12.123~~)), a citation stating the violations shall be issued to the employer. The citation shall be in writing, describing the nature of the violation including reference to the standards, rules, or orders alleged to have been violated. An initial citation for failure to comply with RCW ((~~49.12.123~~)) 49.12.121 or rules requiring a minor work permit and maintenance of records shall state a specific and reasonable time for abatement of the violation to allow the employer to correct the violation without penalty. The director or the director's designee may establish a specific time for abatement of other nonserious violations in lieu of a penalty for first time violations. The citation and a proposed penalty assessment shall be given to the highest management official available at the workplace or be mailed to the employer at the workplace. In addition, the department shall mail a copy of the citation and proposed penalty assessment to the central personnel office of the employer. Citations issued under this section shall be posted at or near the place where the violation occurred.

(b) Except when an employer corrects a violation as provided in (a) of this subsection, he or she shall be assessed a civil penalty of not more than one thousand dollars depending on the size of the business and the gravity of the violation. The employer shall pay the amount assessed within thirty days of receipt of the assessment or notify the director of his or her intent to appeal the citation or the assessment penalty as provided in RCW 49.12.400.

(2) If the director, or the director's designee, finds that an employer has committed a serious or repeated violation of the requirements of RCW 49.12.121 ((~~or 49.12.123~~)), or any rule or order adopted or variance granted under RCW 49.12.121 ((~~or 49.12.123~~)), the employer is subject to a civil penalty of not more than one thousand dollars for each day the violation continues. For the purposes of this subsection, a serious violation shall be deemed to exist if death or serious physical harm has resulted or is imminent from a condition that exists, or from one or more practices, means, methods, operations, or processes that have been adopted or are in use by the employer, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.

(3) In addition to any other authority provided in this section, if, upon inspection or investigation, the director, or director's designee, believes that an employer has violated RCW 49.12.121 ((~~or 49.12.123~~)), or a rule or order adopted or variance granted under RCW 49.12.121 ((~~or 49.12.123~~)), and that the violation creates a danger from which there is a substantial probability that death or serious physical harm could result to a minor employee, the director, or director's designee, may issue an order immediately restraining the condition, practice, method, process, or means creating the danger in the workplace. An order issued under this subsection may require the employer to take steps necessary to avoid, correct, or remove the danger and to prohibit the employment or presence of a minor in locations or under conditions where the danger exists.

(4) An employer who violates any of the posting requirements of RCW 49.12.121 or rules adopted implementing RCW 49.12.121 shall be assessed a civil penalty of not more than one hundred dollars for each violation.

(5) A person who gives advance notice, without the authority of the director, of an inspection to be conducted under this chapter shall be assessed a civil penalty of not more than one thousand dollars.

(6) Penalties assessed under this section shall be paid to the director and deposited into the general fund.

Sec. 5. RCW 49.12.420 and 1991 c 303 s 7 are each amended to read as follows:

The penalties established in RCW 49.12.121(10) or 49.12.390 ((~~and 49.12.410~~)) for violations of RCW 49.12.121 ((~~and 49.12.123~~)) are exclusive remedies.

NEW SECTION. Sec. 6. 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 takes effect immediately.