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§ 40.8. Duties of employer

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: January 22, 2013

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 43 P.S. Labor (Refs & Annos)
Chapter 2. Child Labor (Refs & Annos)
Child Labor Act
Effective: January 22, 2013
43 P.S. § 40.8
Formerly cited as PA ST 43 P.S. § 49;  PA ST 43 P.S. § 58;  PA ST 43 P.S. § 58.1;  PA ST 43 P.S. § 63
§ 40.8. Duties of employer
Currentness
(a) Work permits and parental authorization.--
(1) Unless a minor has the items listed in paragraph (2), a minor may not be employed or permitted to work:
(i) in, about or in connection with an establishment; or
(ii) in an occupation.
(2) To be employed, a minor must have all of the following:
(i) A work permit.
(ii) For individuals who are under 16 years of age, a written statement by the minor's parent or legal guardian acknowledging understanding of the duties and hours of employment and granting permission to work subject to the provisions of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(3) Before employing a minor, an employer shall do all of the following:
(i) Verify the work permit under paragraph (2)(i).
(ii) Receive the verified statement under paragraph (2)(ii).
(4) An individual who is more than 16 years of age employed in the distribution, sale, exposing or offering for sale of any newspaper, or any minor who can demonstrate that he is working independently of the newspaper publisher in this work, shall not be required to procure a work permit.
(b) Notification.--The employer shall notify the issuing officer in writing of the employment of a minor and shall detail the normal duties and hours of employment within five days after the beginning of employment and shall include the age and permit number of the minor. On termination of employment of a minor, the employer shall notify the issuing officer within five days of the final day of employment that the minor no longer is employed by the employer.
(c) Posting requirement.--An employer shall post a printed abstract of the sections of this act relating to the hours of labor in a conspicuous place in the establishment.
(d) Records.--An employer shall maintain the following records at the workplace:
(1) A list of all the minors employed in the establishment.
(2) A schedule of the hours of labor of the minors listed in subparagraph (ii). The schedule of hours of labor shall contain:
(i) the maximum number of hours each minor is required or permitted to work on each day of the week;
(ii) the weekly total for each minor; and
(iii) the daily hours for commencing and stopping work and for time allowed for meals.
(3) For each minor, the employer shall keep a copy of the work permit, the original verified permission statement required in subsection (a) and a copy of the letter sent to the issuing officer announcing the employment of the minor.
(4) An employer shall maintain records for employed minors in compliance with the recordkeeping requirements of the act of January 17, 1968 (P.L. 11, No. 5),1 known as The Minimum Wage Act of 1968, and shall maintain accurate records of the actual days, hours and times of day the minors worked, including breaks.
(5) An employer shall provide an enforcement officer with access to records kept under this subsection at all reasonable times.

Credits

2012, Oct. 24, P.L. 1209, No. 151, § 8, effective in 90 days [Jan. 22, 2013].

Footnotes

1
43 P.S. § 333.101 et seq.
43 P.S. § 40.8, PA ST 43 P.S. § 40.8
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document