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§ 40.10. Administration

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. § 40.10
Formerly cited as PA ST 43 P.S. § 60.1;  PA ST 43 P.S. § 64
§ 40.10. Administration
(a) Duties of department.--The department has the following powers and duties:
(1) Prescribe the forms necessary to implement this act.
(2) Promulgate regulations to administer this act.
(3) Provide copies of this act and blank forms for compliance with its provisions to employers and prospective employers and place these documents on its Internet website.
(b) Subpoenas and inspections.--
(1) The secretary or a designee has investigatory subpoena power and may issue a subpoena upon application of an attorney of the Office of General Counsel assigned to the department. Application may be made to the Commonwealth Court to enforce a subpoena. Nothing in this section shall be construed to excuse a person from producing documents and records as requested by the department under any other provision of law.
(2) The department is authorized to obtain information to investigate alleged violations or to determine compliance with this act. This includes entering and inspecting an establishment, including where a performance is being held, at any reasonable time to ascertain the working conditions, interviewing workers and inspecting and obtaining copies of any records, documents or information in any medium that in any way relates to employment of minors or activities governed under this act.
(c) Duties of Department of Education.--The Department of Education shall supply and distribute to school districts all forms necessary for the enforcement of this act.
(d) Duties of school districts.--School districts shall administer applications and issuance of work permits under section 91 and shall notify the department of alleged violations of this act.
(e) Suspected violations of age requirements.--
(1) If an enforcement officer has reason to believe that an individual working without a work permit is a minor or that a minor with a work permit is working in violation of the age restrictions set forth under this act, the officer may demand that the person employing the individual within ten days:
(i) furnish to the officer proof of age; or
(ii) cease to employ or permit the individual to work.
(2) Proof of a demand under paragraph (1) and of failure to comply with paragraph (1)(i) constitutes prima facie evidence of the illegal employment of a minor.
(3) Compliance with this subsection does not relieve a person from liability under section 11.2

Credits

2012, Oct. 24, P.L. 1209, No. 151, § 10, effective in 90 days [Jan. 22, 2013].

Footnotes

43 P.S. § 40.9.
43 P.S. § 40.11.
43 P.S. § 40.10, PA ST 43 P.S. § 40.10
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
End of Document