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§ 40.2. Definitions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: December 7, 2015

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 43 P.S. Labor (Refs & Annos)
Chapter 2. Child Labor (Refs & Annos)
Child Labor Act
Effective: December 7, 2015
43 P.S. § 40.2
Formerly cited as PA ST 43 P.S. § 41;  PA ST 43 P.S. § 62
§ 40.2. Definitions
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Department.” The Department of Labor and Industry of the Commonwealth.
“Documentary program.” A genre of motion picture program, including programming for television, that depicts or portrays a nonfiction story and may present an opinion or a specific message along with factual material.
“Employ.” To hire, permit or allow a minor to work for compensation to the minor or any other person.
“Employer.” A person that employs a minor.
“Enforcement officer.” Any of the following:
(1) The Secretary of Labor and Industry, a designee who is an employee of the Department of Labor and Industry or an attorney of the Office of General Counsel who is assigned to the department.
(2) A chief school administrator.
(3) A home and school visitor.
(4) An attendance officer appointed under sections 1341 and 1342 of the act of March 10, 1949 (P.L. 30, No. 14),1 known as the Public School Code of 1949.
(5) An issuing officer.
(6) A law enforcement officer.
“Establishment.” A place within this Commonwealth where work is done for compensation of any kind.
“Fair Labor Standards Act.” The Fair Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.).
“Hours of employment.” Hours outside school hours established by the appropriate school district, except that the provisions of section 52 shall apply to a minor engaged in a performance.
“Issuing officer.” One of the following:
(1) A district superintendent or supervising principal of a public school district or, if a public school district does not have a district superintendent or supervising principal, the secretary of the board of school directors of the district.
(2) An individual authorized in writing by the appropriate individual under paragraph (1) to issue a certificate or permit.
“Minor.” An individual under 18 years of age.
“Perform” or “performance.” The providing of artistic or creative services to a live audience or recorded for exhibition or broadcast to an audience. This term shall include modeling.
“Person.” The Commonwealth, any political subdivision, instrumentality or authority of a political subdivision, an individual, a partnership, a corporation, a nonprofit corporation or an unincorporated association.
“Reality program.” A genre of program that principally presents actual events and generally features ordinary people and not professional actors.
“Regular school week.” The five days beginning with Monday through Friday when school is in session.
“School vacation.” The period of time a minor is not required to be in school as established by the school district where the minor resides. The term does not include Saturdays and Sundays, except where one or more vacation days precede or follow Saturday or Sunday.
“Secretary.” The Secretary of Labor and Industry of the Commonwealth or the secretary's designee.
“Volunteer emergency service organization.” A volunteer fire company, volunteer ambulance organization, volunteer rescue organization, a volunteer forest firefighting organization or a volunteer organization of emergency service personnel who are expected to respond to medical emergencies or large-scale disasters.
“Work permit.” A transferable work permit allowing employment of a minor.
“Youth sports official.” A minor who enforces the rules and supervises the participants of a youth sporting event, including, but not limited to, an umpire or referee.

Credits

2012, Oct. 24, P.L. 1209, No. 151, § 2, effective in 90 days [Jan. 22, 2013]. Amended 2015, Oct. 7, P.L. 181, No. 44, § 1, effective in 60 days [Dec. 7, 2015].

Footnotes

24 P.S. §§ 13-1341, 13-1342.
43 P.S. § 40.5.
43 P.S. § 40.2, PA ST 43 P.S. § 40.2
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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