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§ 40.3. Time limitations on employment of minors

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. § 40.3
Formerly cited as PA ST 43 P.S. § 46;  PA ST 43 P.S. § 47;  PA ST 43 P.S. § 48.2;  PA ST 43 P.S. § 48.4
§ 40.3. Time limitations on employment of minors
(a) Rest break.--No minor may be employed for more than five hours continuously without an interval of at least 30 minutes for a rest break. No period of less than 30 minutes shall be deemed to interrupt a continuous period of work.
(b) Time restriction.--Except for newspaper delivery under section 14, a minor may not be employed for more than six consecutive days.
(c) Age restriction.--Except as set forth under sections 4(d) and 5,1 no individual under 14 years of age may be employed.
(d) Hours of employment for minors 14 and 15 years of age.--Except as set forth under subsection (e) and performances under section 5, the hours of employment for individuals 14 and 15 years of age shall be limited as follows:
(1) The minor may not be employed before 7 a.m. or after 7 p.m., except that during a school vacation period a minor shall be permitted to be employed until 9 p.m. The department may promulgate regulations under this paragraph which establish a procedure for an employer that is not subject to the Fair Labor Standards Act2 to receive an extension until 10 p.m.
(2) The minor may not be employed for more than three hours on a school day nor more3 than eight hours on a day when there is no school.
(3) The minor may not be employed for more than 18 hours during a regular school week.
(4) The minor may not be employed for more than 40 hours during a week when school is not in session.
(5) A minor enrolled in summer school is subject to the limitation set forth in paragraph (3).
(e) Exceptions.--The following exceptions apply to the prohibitions of subsection (d):
(1) Individuals who are at least 14 years of age or older may be employed until 10 p.m. on a farm by a person other than the farmer in the hatching, raising or harvesting of poultry as long as the minor is not working in an agricultural occupation declared hazardous by the United States Secretary of Labor.
(2) Newspaper and periodical delivery under section 14.4
(3) Students 14 years of age or older whose employment is part of a recognized school-work program supervised by a recognized school authority may be employed for hours which, combined with the hours spent in school, do not exceed eight hours in a day.
(f) Hours of employment for minors 16 years of age or older.--The hours of employment for minors who are 16 years of age or older are as follows:
(1) When school is in session, an individual who is 16 years of age or older shall be limited as follows:
(i) The minor may not be employed for more than 28 hours per week during a regular school week.
(ii) The minor may not be employed for more than eight hours in a single day.
(iii) The minor may not be employed before 6 a.m. or after 12 midnight, except that during a school vacation period a minor shall be permitted to be employed until 1 a.m.
(2) During a school vacation, an individual who is 16 years of age or older shall be limited as follows:
(i) The minor may not be employed for more than ten hours in a single day.
(ii) The minor may not be employed for more than 48 hours in a single week provided that any hours worked more than 44 in a single week shall be voluntarily agreed to by the minor and further provided that the minor may reject any request for employment in excess of 44 hours in a single week without retaliation.
(3) A minor enrolled in summer school is subject to the limitations set forth under paragraph (1).
(4) An individual who is 16 years of age or older who is employed as a counselor, counselor-in-training or junior counselor during the school vacation period by a summer resident camp or a conference or retreat operated by a religious or scout organization shall receive 24 consecutive hours of rest during every seven-day period. This paragraph does not apply to a minor employed primarily for general maintenance work or food service activities.
(5) This subsection does not apply to a minor who:
(i) is a high school graduate; or
(ii) is exempt from compulsory school attendance requirements under section 1330(1) of the act of March 10, 1949 (P.L. 30, No. 14),5 known as the Public School Code of 1949.
(g) Applicability.--This section shall not apply to minors engaging in a performance under section 5.

Credits

2012, Oct. 24, P.L. 1209, No. 151, § 3, effective in 90 days [Jan. 22, 2013].
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1905, May 2, P.L. 352, § 3; 1915, May 13, P.L. 286, § 4 (43 P.S. § 46); 1935, July 19, P.L. 1335, No. 418, § 1; 1943, May 21, P.L. 409, No. 190, § 2; 1949, May 2, P.L. 847, No. 224, § 1; 1961, Aug. 23, P.L. 1107, No. 494, § 2; 1972, Sept. 22, P.L. 873, No. 199, § 1; 1978, Oct. 4, P.L. 938, No. 182, § 2; 1980, Dec. 19, P.L. 1298, No. 233, § 1; 1989, Oct. 4, P.L. 584, No. 62, § 1; 2002, Dec. 9, P.L. 1347, No. 161, § 2.
1915, May 13, P.L. 286, § 6 (43 P.S. § 47).
1915, May 13, P.L. 286, § 7.2, added 1968, April 25, P.L. 99, No. 49, § 1 (43 P.S. § 48.2).
1915, May 13, P.L. 286, No. 177, § 7.4, added 1989, Oct. 4, P.L. 584, No. 62, § 3 (43 P.S. § 48.4).

Footnotes

43 P.S. §§ 40.4, 40.5.
29 U.S.C.A. § 201 et seq.
“day or more” in enrolled bill.
43 P.S. § 40.14.
24 P.S. § 13-1330.
43 P.S. § 40.3, PA ST 43 P.S. § 40.3
Current through 2018 Regular Session Act 76
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