HOUSE BILL REPORT

                 ESHB 1045

                       As Passed House

                       March 17, 1993

Title:  An act relating to working hours for minors.

Brief Description:  Prohibiting the industrial welfare committee and the director of the department of labor and industries from limiting the hours of work by minors.

Sponsors:  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).

Brief History:

  Reported by House Committee on:

Commerce & Labor, March 3, 1993, DPS;

Passed House, March 17, 1993, 77-21.

HOUSE COMMITTEE ON COMMERCE & LABOR

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 5 members:  Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; and Springer.

Minority Report:  Do not pass.  Signed by 4 members:  Representatives Conway; Horn; King; and Veloria.

Staff:  Chris Cordes (786-7117).

Background:  Washington's industrial welfare law authorizes the Department of Labor and Industries to adopt special rules for the safety, health and welfare of minor employees in nonagricultural employment.  The department issues work permits to employers for the employment of minors after being assured the proposed employment meets the standards required in these rules.  The department has adopted rules governing the hours of employment, prohibited occupations, and record-keeping requirements for the employment of minor employees. 

In 1991, the department appointed a Child Labor Advisory Committee to study and make recommendations for changes to the child labor standards. During the year following the committee's report, the department developed new standards that take effect beginning on July 1, 1993.

The department is authorized to grant variances from the employment standards established under the industrial welfare law, including the minor work standards.  To grant a variance, the department must determine that the applicant has shown good cause for the lack of compliance.

Summary of Bill:  The Department of Labor and Industries may not restrict the hours of work for minors aged 16 or 17 except as follows:

During the school year, minors aged 16 or 17 may work no more than six hours on a school day preceding another school day and no more than eight hours on other days, including Sundays.  They also may not work more than six days per week or 20 hours per week.  School year employment must begin no earlier than 7 a.m. on a school day and, on days preceding a school day, end no later than 10 p.m.  They may begin work at 5 a.m. and end work at midnight on other days.  Minors may not work during school hours unless the minor is excused by the school district superintendent or the minor is home schooled.

A variance may be granted by the minor's school, with concurrence of the minor's parent or guardian, to allow 16 and 17 year olds to work up to 28 hours per week during the school year.

During school vacations, 16 and 17 year olds may work no more than eight hours per day and 48 hours per week, beginning no earlier than 5 a.m. and ending no later than midnight.  Minors who have a certificate of educational competence, or who are college students, married, or parents, are allowed to work the hours permitted for vacation periods.

Minors employed past 8 p.m. in service occupations must be supervised by a responsible adult who is on the premises.

The minor's parent or school is not required to approve the minor's work unless a 16 or 17 year old minor is working more than 20 hours per week during the school year, or the minor is under age 16.

Fiscal Note:  Not requested.

Effective Date:  The bill contains an emergency clause and the bill takes effect July 1, 1993.

Testimony For:  None.

Testimony Against:  None.

Witnesses:  None.