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statutes is repealed and the following is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