Substitute House Bill No. 5481
          Substitute House Bill No. 5481

              PUBLIC ACT NO. 98-210


AN ACT CONCERNING CHILD LABOR.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section   31-12  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) None of  the  following  persons under the
conditions hereinafter described shall be employed
in any manufacturing  or  mechanical establishment
more than nine  hours  in  any  day or forty-eight
hours in any calendar week: [(a) Persons under the
age of eighteen  years,  except  such  persons who
graduated    from    a    secondary    educational
institution] (1) PERSONS UNDER THE AGE OF EIGHTEEN
YEARS  WHO  ARE  NOT  ENROLLED  IN  AND  HAVE  NOT
GRADUATED    FROM    A    SECONDARY    EDUCATIONAL
INSTITUTION; [(b)] (2)  persons sixty-six years of
age or older, except with their consent; [(c)] (3)
handicapped persons, so  designated  by medical or
governmental authority, except  with their consent
and after certification  by  a  physician that the
extended hours of  work  will  not be injurious to
their  health; [(d)]  (4)  disabled  veterans,  as
defined under state  or  federal  law, except with
their  consent  and   after   certification  by  a
physician that the extended hours of work will not
be injurious to their health.
    (b)  If the  Labor  Commissioner  finds,  upon
application  of an  employer,  that  an  emergency
exists or that  seasonal  or peak demand places an
unusual   and   temporary    burden    upon    any
manufacturing  or  mechanical  establishment,  any
such person may  be employed in such establishment
not more than  ten  hours in any day nor more than
fifty-five hours in  any  calendar  week,  but the
total number of  weeks  of  any such employment in
any twelve consecutive  months  shall  not  exceed
twelve.
    (c) With respect  to  any  group,  category or
class of employees  for  which a work week of less
than five days  has  been  established  or  agreed
upon, the employer  shall adhere to the applicable
weekly limitation period herein prescribed but may
extend the number of hours per day for each day of
the shortened work  week  provided  the  number of
hours shall be  the  same for each day of the work
week.
    (d) In the  event  of  war  or  other national
emergency,  the commissioner  after  investigation
may, with the approval of the Governor, extend the
number of weeks  of  any  such  employment if such
extension   is   necessary   to   meet   scheduled
production of war or critical material.
    (e) NO PERSON  UNDER  EIGHTEEN  YEARS  OF  AGE
SHALL  BE  EMPLOYED   IN   ANY   MANUFACTURING  OR
MECHANICAL ESTABLISHMENT MORE  THAN  (1) SIX HOURS
IN ANY REGULARLY  SCHEDULED  SCHOOL DAY UNLESS THE
REGULARLY   SCHEDULED   SCHOOL   DAY   IMMEDIATELY
PRECEDES A NONSCHOOL  DAY  OR  EIGHT  HOURS IN ANY
OTHER  DAY,  AND   (2)  THIRTY-TWO  HOURS  IN  ANY
CALENDAR WEEK DURING  WHICH  THE  SCHOOL  IN WHICH
SUCH  PERSON  IS   ENROLLED   IS  IN  SESSION,  OR
FORTY-EIGHT  HOURS IN  ANY  CALENDAR  WEEK  DURING
WHICH THE SCHOOL  IN WHICH SUCH PERSON IS ENROLLED
IS NOT IN  SESSION.  NOTWITHSTANDING ANY PROVISION
OF THIS SECTION,  THE  NUMBER OF HOURS SUCH PERSON
PARTICIPATES IN A  WORK EXPERIENCE THAT IS PART OF
AN APPROVED EDUCATIONAL  PLAN, COOPERATIVE PROGRAM
OR SCHOOL-TO-WORK PROGRAM  SHALL  NOT  BE  COUNTED
AGAINST THE DAILY  OR  WEEKLY  LIMITS SET FORTH IN
THIS SECTION.
    (f) Any person  who,  or  firm  or corporation
which, violates any  of  the  provisions  of  this
section shall be  fined  not more than twenty-five
dollars for the  first  offense  and  be fined not
more than one  hundred  dollars  or imprisoned not
more than thirty  days  or both for any subsequent
offense.
    (g) The provisions  of  this section shall not
apply   to   permanent   salaried   employees   in
executive,    administrative    or    professional
positions as defined by the Labor Commissioner, OR
TO PERSONS UNDER  EIGHTEEN  YEARS  OF AGE WHO HAVE
GRADUATED    FROM    A    SECONDARY    EDUCATIONAL
INSTITUTION.
    Sec. 2. Section  31-13 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) None of  the  following  persons under the
conditions hereinafter described shall be employed
in any mercantile  establishment  more  than eight
hours in any one day, or more than six days in any
one calendar week  or  more than forty-eight hours
in any one  calendar  week: [(a) Persons under the
age of eighteen  years,  except  such  persons who
have  graduated  from   a   secondary  educational
institution] (1) PERSONS UNDER THE AGE OF EIGHTEEN
YEARS  WHO  ARE  NOT  ENROLLED  IN  AND  HAVE  NOT
GRADUATED    FROM    A    SECONDARY    EDUCATIONAL
INSTITUTION; [(b)] (2)  persons sixty-six years of
age or older, except with their consent; [(c)] (3)
handicapped persons, so  designated  by medical or
governmental authority, except  with their consent
and after certification  by  a  physician that the
extended hours of  work  will  not be injurious to
their  health; [(d)]  (4)  disabled  veterans,  as
defined under state  or  federal  law, except with
their  consent  and   after   certification  by  a
physician that the extended hours of work will not
be injurious to  their health; but any such person
may be permitted to work in any such establishment
one day in any calendar week for not more than ten
hours, for the  purpose  of making one shorter day
during such week, and any employer who, during any
year, gives not fewer than seven holidays with pay
shall  be exempt  from  the  foregoing  provisions
hereof during the  period  from  the eighteenth to
the twenty-fifth day of December of such year.
    (b)  If the  Labor  Commissioner  finds,  upon
application  of an  employer,  that  an  emergency
exists or that  seasonal  or peak demand places an
unusual and temporary  burden  upon any mercantile
establishment, any such  person may be employed in
such establishment not  more than ten hours in any
day nor more  than fifty-two hours in any calendar
week, but the  total  number  of weeks of any such
employment in any  twelve  months shall not exceed
eight.
    (c) NO PERSON  UNDER  EIGHTEEN  YEARS  OF  AGE
SHALL BE EMPLOYED  IN ANY MERCANTILE ESTABLISHMENT
MORE THAN (1) SIX HOURS IN ANY REGULARLY SCHEDULED
SCHOOL DAY UNLESS  THE  REGULARLY SCHEDULED SCHOOL
DAY IMMEDIATELY PRECEDES  A NONSCHOOL DAY OR EIGHT
HOURS IN ANY  OTHER  DAY, AND (2) THIRTY-TWO HOURS
IN ANY CALENDAR  WEEK  DURING  WHICH THE SCHOOL IN
WHICH SUCH PERSON  IS  ENROLLED  IS IN SESSION, OR
FORTY-EIGHT  HOURS  IN  ANY  OTHER  CALENDAR  WEEK
DURING WHICH THE  SCHOOL  IN  WHICH SUCH PERSON IS
ENROLLED IS NOT  IS  SESSION.  NOTWITHSTANDING ANY
PROVISION OF THIS  SECTION,  THE  NUMBER  OF HOURS
SUCH PERSON PARTICIPATES IN A WORK EXPERIENCE THAT
IS  PART  OF   AN   APPROVED   EDUCATIONAL   PLAN,
COOPERATIVE  PROGRAM  OR   SCHOOL-TO-WORK  PROGRAM
SHALL NOT BE  COUNTED  AGAINST THE DAILY OR WEEKLY
LIMITS SET FORTH IN THIS SECTION.
    (d) Each employer  in  any  such establishment
shall post in  a  conspicuous  place  in each room
where such persons are employed a notice, the form
of  which  shall   be   furnished   by  the  Labor
Commissioner, stating specifically  the  hours  of
work required of  such  persons on each day of the
week, and the employment of any such persons for a
longer time than so stated shall be a violation of
this section.
    (e) Any person  who  violates any provision of
this section shall  be  fined  not  more  than one
hundred dollars for each offense.
    (f) The provisions  of  this section shall not
apply   to   permanent   salaried   employees   in
executive,  managerial  or  supervisory  positions
excepted from the  provisions of part I of chapter
558 who receive  a regular salary of not less than
the minimum fixed  for such employment in any wage
order or administrative  regulation  issued  under
authority  of  said  part,  OR  TO  PERSONS  UNDER
EIGHTEEN YEARS OF  AGE  WHO  HAVE GRADUATED FROM A
SECONDARY EDUCATIONAL INSTITUTION.
    Sec. 3. Section  31-14 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) No [minor]  PERSON under eighteen years of
age  shall  be   employed  in  any  manufacturing,
mechanical or mercantile establishment between the
hours  of ten  o'clock  in  the  evening  and  six
o'clock in the  morning, except that such [minors]
PERSONS  may be  employed  in  any  MANUFACTURING,
MECHANICAL  OR  MERCANTILE   ESTABLISHMENT   UNTIL
ELEVEN O'CLOCK IN  THE  EVENING OR ANY supermarket
until twelve o'clock  midnight  on any night other
than  a  night  preceding  a  regularly  scheduled
school  day.  No   such   [minor]  PERSON  may  be
discharged or discriminated  against in any manner
for refusing to work later than ten o'clock in the
evening.
    (b) In the  event  of  war  or  other  serious
emergency,   the   Governor    may   suspend   the
limitations upon evening  or  night work contained
in  this  section   as   to   any   industries  or
occupations as he may find such emergency demands.
    (c) The provisions  of  this section shall not
apply to [minors]  PERSONS under eighteen years of
age   who  have   graduated   from   a   secondary
educational institution.
    (d)   For   purposes    of    this    section,
"supermarket"   means  any   retail   food   store
occupying a total  retail  sales area of more than
three thousand five hundred square feet.
    Sec. 4. Section 31-15 of the general statutes,
as amended by  section  7 of public act 97-263, is
repealed and the  following is substituted in lieu
thereof:
    (a) Any person who wilfully employs, or has in
his employment or  under his charge, any person in
violation of section  31-14, AS AMENDED BY SECTION
3 OF THIS  ACT, and who permits any such person to
be so employed  shall be fined not more than fifty
dollars for the  first  offense  and  be fined not
more than two  hundred  dollars  or imprisoned not
more than thirty  days  or both for any subsequent
offense.
    (b) Any parent  or  guardian  who  permits any
minor  to be  employed  in  violation  of  section
31-12, AS AMENDED BY SECTION 1 OF THIS ACT, 31-13,
AS AMENDED BY  SECTION 2 OF THIS ACT, or 31-14, AS
AMENDED BY SECTION  3  OF THIS ACT, shall be fined
not more than fifty dollars for each offense.
    (c) A certificate  of  the  age  of  a [minor]
PERSON made as provided in section 10-193 shall be
conclusive evidence of  his  age upon the trial of
any person other  than  the parent or guardian for
violation of any  provision of said section 31-12,
31-13 or 31-14.
    (d) Nothing in  this  chapter shall affect the
provisions of section 10-184.
    Sec. 5. Section 31-18 of the general statutes,
as amended by  section  9 of public act 97-263, is
repealed and the  following is substituted in lieu
thereof:
    (a) No public  restaurant,  cafe, dining room,
barber    shop,   hairdressing    or    manicuring
establishment,    amusement    or     recreational
establishment,    bowling   alley,    shoe-shining
establishment, billiard or pool room or photograph
gallery shall employ or permit to work any [minor]
PERSON under eighteen years of age [,except minors
who have graduated  from  a  secondary educational
institution,] (1) between the hours of ten o'clock
in the evening  and six o'clock in the morning, or
any  of  the   persons   described   below   under
conditions herein set  forth  more than nine hours
in any day:  [(1)]  (A) Persons sixty-six years of
age or older, except with their consent; [(2)] (B)
handicapped persons, so  designated  by medical or
governmental authority, except  with their consent
and after certification  by  a  physician that the
extended hours of  work  will  not be injurious to
their  health; [(3)]  (C)  disabled  veterans,  as
defined under state  or  federal  law, except with
their  consent  and   after   certification  by  a
physician that the extended hours of work will not
be injurious to  their  health;  provided any such
person  may be  permitted  to  work  in  any  such
establishment one day  in a week for not more than
ten hours on  such day, but not more than six days
or forty-eight hours in any one week, and provided
further,  [minors]  PERSONS  between  sixteen  and
eighteen years of  age  may  be  employed  in  any
AMUSEMENT    OR    RECREATIONAL     ESTABLISHMENT,
restaurant, cafe or  dining  room, or employed [as
ushers] in any  [nonprofit]  theater  until twelve
o'clock midnight unless  such [minors] PERSONS are
regularly  attending school  in  which  case  such
minors may be employed until eleven o'clock in the
evening  on  days   which   precede   a  regularly
scheduled  school day  and  until  twelve  o'clock
midnight during any regular school vacation season
and on days  which  do  not  precede  a  regularly
scheduled school day,  AND  (2)  MORE THAN (A) SIX
HOURS IN ANY REGULARLY SCHEDULED SCHOOL DAY UNLESS
THE  REGULARLY SCHEDULED  SCHOOL  DAY  IMMEDIATELY
PRECEDES A NONSCHOOL  DAY  OR  EIGHT  HOURS IN ANY
OTHER  DAY,  AND   (B)  THIRTY-TWO  HOURS  IN  ANY
CALENDAR WEEK DURING  WHICH  THE  SCHOOL  IN WHICH
SUCH  PERSON  IS   ENROLLED   IS   IN  SESSION  OR
FORTY-EIGHT  HOURS  IN  ANY  OTHER  CALENDAR  WEEK
DURING WHICH THE  SCHOOL  IN  WHICH SUCH PERSON IS
ENROLLED IS NOT  IN  SESSION.  NOTWITHSTANDING ANY
PROVISION OF THIS  SECTION,  THE  NUMBER  OF HOURS
SUCH PERSON PARTICIPATES IN A WORK EXPERIENCE THAT
IS  PART  OF   AN   APPROVED   EDUCATIONAL   PLAN,
COOPERATIVE  PROGRAM  OR   SCHOOL-TO-WORK  PROGRAM
SHALL NOT BE  COUNTED  AGAINST THE DAILY OR WEEKLY
LIMITS SET FORTH IN THIS SECTION.
    (b) The hours  of  labor of such persons shall
be conspicuously posted  in  such establishment in
such form and  manner  as  the  Labor Commissioner
determines.
    (c) The provisions  of  this section shall not
[affect hotels] APPLY TO ANY PERSON UNDER EIGHTEEN
YEARS OF AGE  WHO  HAS  GRADUATED FROM A SECONDARY
EDUCATIONAL INSTITUTION.
    (d) Any person  who  violates any provision of
this section shall  be  fined  not  more  than two
hundred dollars for each offense.

Approved June 8, 1998