§ 118. Penalties; age certificates
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. Labor
43 P.S. § 118
§ 118. Penalties; age certificates
Any person who, whether by himself or for another, or through an agent, servant, or foreman, shall violate any provisions of this act, shall be subject to the following penalties:
Upon conviction for violation of any provision of section three, four, five, seven, or fifteen of this act,1 he shall be punished, for a first offense, by a fine of not less than fifty ($50) dollars and costs, or more than one hundred ($100) dollars and costs, and, upon nonpayment thereof, be imprisoned in the county jail for not more than ten days; for a second or subsequent offense, by a fine of not less than one hundred ($100) dollars and costs, or more than two hundred ($200) dollars and costs, and, upon nonpayment thereof, by imprisonment in the county jail for not more than sixty days; and whenever any person shall have been notified by the Department of Labor and Industry, or by the service of a summons in a prosecution, that he is violating such provision, he shall be punished by like penalties in addition for each and every day that such violation shall have continued after such notification.
Upon conviction for a violation of any of the provisions of sections eight, nine, ten, eleven, twelve, thirteen, or fourteen of this act,2 the punishment shall be without regard to the number of females employed, for a first offense, not less than twenty-five ($25) dollars and costs, or more than fifty ($50) dollars and costs, and, upon nonpayment thereof, imprisonment in the county jail for not more than twenty days; for a second or subsequent offense, a fine of not less than fifty ($50) dollars and costs, or more than two hundred ($200) dollars and costs, and, upon nonpayment thereof, imprisonment in the county jail for not more than sixty days; and whenever any person shall have been notified by the Department of Labor and Industry that he is violating such provisions, and shall have been given a reasonable time in which to remedy the condition which shall constitute such violation, he shall be punished, in addition to the penalties aforesaid, by like penalties for each and every day that such violation shall have continued after the expiration of the time allowed by the Department of Labor and Industry for remedying the aforesaid condition: Provided,
First. That an employer will be fully protected against unintentional violations of sections 3, 4 and 5 of this act3 and regulations issued thereunder, if before employing or permitting any female under eighteen years of age to work in his establishment he has received from that employe an age certificate issued by the proper officials of the school district in which the prospective employe resides. These age certificates must be kept on file by the employer for inspection by authorized representatives of the Department of Labor and Industry so long as the female is employed or until she reaches the age of eighteen whichever occurs sooner. An age certificate will be no defense to any violation of the provisions of this law and regulations issued thereunder if the employer knows that it was obtained falsely or after knowledge of the true age of the employe becomes known to him.
Second. That whenever a violation of any provisions of this act shall also be a violation of another provision, or other provisions of this act, penalties may be imposed for the violation of each and every such provision.
Third. That under no circumstances shall any person be sentenced to imprisonment for more than one year for any one violation of this act.
Fourth. That whenever a violation of any of the provisions of this act shall also be a violation of the laws of this Commonwealth regulating the hours of labor and conditions of employment of minors, penalties shall be imposed under only one of such acts.
Credits
1913, July 25, P.L. 1024, § 18. Amended 1929, April 18, P.L. 617, No. 256, § 2; 1965, Dec. 1, P.L. 1012, No. 376, § 8; 1972, June 16, P.L. 456, No. 142, § 1.
43 P.S. § 118, PA ST 43 P.S. § 118
Current through Act 92 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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