LCO 1 of 9 General Assembly Substitute Bill No. 410 February Session, 2024 AN ACT CONCERNING PAID INTERNSHIPS FOR HIGH SCHOOL STUDENTS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 31-23 of the 2024 supplement to the general statutes 1 is repealed and the following is substituted in lieu thereof (Effective 2 October 1, 2024): 3 (a) No minor under sixteen years of age shall be employed or 4 permitted to work in any manufacturing, mechanical, mercantile or 5 theatrical industry, restaurant or public dining room, or in any bowling 6 alley, shoe-shining establishment or barber shop, [provided] except the 7 Labor Commissioner may authorize such employment of any minor 8 between the ages of fourteen and sixteen who (1) is (A) enrolled in [(1)] 9 a public school in a work-study program as defined and approved by 10 the Commissioner of Education and the Labor Commissioner or in a 11 program established pursuant to section 10-20a, or [(2)] (B) participating 12 in a paid internship as defined and approved by the Commissioner of 13 Education and the Labor Commissioner, or (2) is participating in a 14 summer work-recreation program sponsored by a town, city or borough 15 or by a human resources development agency which has been approved 16 by the Labor Commissioner, or both, and provided the prohibitions of 17 this section shall not apply to any minor over the age of fourteen who is 18 under vocational probation pursuant to an order of the Superior Court 19 Substitute Bill No. 410 LCO 2 of 9 as provided in section 46b-140 or to any minor over the age of fourteen 20 who has been placed on vocational parole by the Commissioner of 21 Children and Families. 22 (b) (1) A minor who has reached the age of fifteen and is participating 23 in a paid internship as defined and approved by the Commissioner of 24 Education and the Labor Commissioner, or who will reach the age of 25 fifteen during the same school year in which such minor is participating 26 in such paid internship, shall be permitted to work (A) not more than 27 one hundred twenty hours during such school year, and (B) during 28 school hours, provided such hours are approved by the superintendent 29 of schools. Minors participating in a paid internship shall be 30 compensated at the current minimum fair wage, as defined in section 31 31-58, as amended by this act. 32 (2) Each person who employs a minor under the age of eighteen years 33 in a paid internship shall obtain a certificate stating the age of such 34 minor as provided in section 10-193, as amended by this act. Such 35 certificates shall be kept on file at the place of employment and shall be 36 available at all times during business hours to the inspectors of the 37 Labor Department. 38 [(b)] (c) (1) Notwithstanding the provisions of subsection (a) of this 39 section, a minor who has reached the age of fourteen may be employed 40 or permitted to work as a caddie or in a pro shop at any municipal or 41 private golf course, and a minor who has reached the age of fifteen may 42 be employed or permitted to work as a staff member at a youth camp, 43 as defined in section 19a-420, as a lifeguard or in any mercantile 44 establishment as a bagger, cashier or stock clerk, provided such 45 employment is (A) limited to periods of school vacation during which 46 school is not in session for five consecutive days or more except that 47 such minor employed in a retail food store may work on any Saturday 48 during the year; (B) for not more than forty hours in any week; (C) for 49 not more than eight hours in any day; and (D) between the hours of 50 seven o'clock in the morning and seven o'clock in the evening, except 51 that from July first to the first Monday in September in any year, any 52 Substitute Bill No. 410 LCO 3 of 9 such minor may be employed until nine o'clock in the evening. Any 53 minor who has reached the age of fifteen and is employed or works as a 54 staff member at a youth camp or as a lifeguard shall be supervised by a 55 person of at least eighteen years of age. 56 (2) (A) Each person who employs a fourteen-year-old minor as a 57 caddie or in a pro shop at any municipal or private golf course pursuant 58 to this section shall obtain a certificate stating that such minor is fourteen 59 years of age or older, as provided in section 10-193, as amended by this 60 act, and (B) each person who employs a fifteen-year-old minor as a staff 61 member at a youth camp, as a lifeguard or in any mercantile 62 establishment pursuant to this subsection shall obtain a certificate 63 stating that such minor is fifteen years of age or older, as provided in 64 section 10-193, as amended by this act, except that no such certificate 65 shall be required for such minor employed by a municipality as a staff 66 member at a youth camp or as a lifeguard. Such certificate shall be kept 67 on file at the place of employment and shall be available at all times 68 during business hours to the inspectors of the Labor Department. 69 (3) The Labor Commissioner may adopt regulations, in accordance 70 with the provisions of chapter 54, as the commissioner deems necessary 71 to implement the provisions of this subsection. 72 [(c)] (d) No minor under the age of eighteen years shall be employed 73 or permitted to work in any occupation which has been or shall be 74 pronounced hazardous to health by the Department of Public Health or 75 pronounced hazardous in other respects by the Labor Department. This 76 section shall not apply to (1) the employment or enrollment of minors 77 sixteen years of age and over as registered apprentices or registered 78 preapprentices in a bona fide registered apprenticeship program or 79 registered preapprenticeship program in manufacturing or mechanical 80 establishments, technical education and career schools or public 81 schools, (2) the employment of such minors who have graduated from 82 a public or private secondary or technical education and career school 83 in any manufacturing or mechanical establishment, (3) the employment 84 of such minors who are participating in a manufacturing or mechanical 85 Substitute Bill No. 410 LCO 4 of 9 internship, registered apprenticeship or registered preapprenticeship in 86 any manufacturing or mechanical establishment, [or] (4) the enrollment 87 of such minors in a cooperative work-study program approved by the 88 Commissioner of Education and the Labor Commissioner or in a 89 program established pursuant to section 10-20a, or (5) the participation 90 of such minors in a paid internship as defined and approved by the 91 Commissioner of Education and the Labor Commissioner. No provision 92 of this section shall apply to agricultural employment, domestic service, 93 street trades or the distribution of newspapers. For purposes of this 94 subsection, (A) "internship" means supervised practical training of a 95 high school student or recent high school graduate that is comprised of 96 curriculum and workplace standards approved by the Department of 97 Education and the Labor Department, (B) "cooperative work-study 98 program" means a program of vocational education, approved by the 99 Commissioner of Education and the Labor Commissioner, for persons 100 who, through a cooperative arrangement between the school and 101 employers, receive instruction, including required academic courses 102 and related vocational instruction by alternation of study in school with 103 a job in any occupational field, provided these two experiences are 104 planned and supervised by the school and employers so that each 105 contributes to the student's education and to his employability. Work 106 periods and school attendance may be on alternate half days, full days, 107 weeks or other periods of time in fulfilling the cooperative work-study 108 program, (C) "apprentice" means a person (i) employed under a written 109 agreement to work at and learn a specific trade, and (ii) registered with 110 the Labor Department, and (D) "preapprentice" means a person, student 111 or minor (i) employed under a written agreement with an 112 apprenticeship sponsor for a term of training and employment not 113 exceeding two thousand hours or twenty-four months in duration, and 114 (ii) registered with the Labor Department. 115 [(d)] (e) Each person who employs a minor under the age of eighteen 116 years shall obtain a certificate stating the age of such minor as provided 117 in section 10-193, as amended by this act. Such certificates shall be kept 118 on file at the place of employment and shall be available at all times 119 Substitute Bill No. 410 LCO 5 of 9 during business hours to the inspectors of the Labor Department. 120 Sec. 2. Section 31-23a of the general statutes is repealed and the 121 following is substituted in lieu thereof (Effective October 1, 2024): 122 Notwithstanding the provisions of subsections (a) and [(b)] (c) of 123 section 31-23, as amended by this act, in effect prior to June 2, 2008, any 124 minor who reached the age of fifteen and was employed, on or after 125 October 1, 2007, as a bagger, cashier or stock clerk shall be deemed to 126 have been lawfully employed, provided such employment was in 127 accordance with the provisions of subparagraphs (A) to (D), inclusive, 128 of subdivision (1) of subsection [(b)] (c) of said section 31-23. Any person 129 who employed such minor shall not be deemed (1) to have violated the 130 provisions of subsection (a) of said section 31-23, or (2) subject to the 131 penalties of section 31-15a or 31-69a. 132 Sec. 3. Section 31-24 of the general statutes is repealed and the 133 following is substituted in lieu thereof (Effective October 1, 2024): 134 Except in technical education and career schools or in public schools 135 teaching manual training, no child under sixteen years of age shall be 136 employed or permitted to work in adjusting or assisting in adjusting any 137 belt upon any machine, or in oiling or assisting in oiling, wiping or 138 cleaning machinery, while power is attached, or in preparing any 139 composition in which dangerous acids are used, or in soldering, or in 140 the manufacture or packing of paints, dry colors or red or white lead, or 141 in the manufacture, packing or storing of gun or blasting powder, 142 dynamite, nitroglycerine compounds, safety fuses in the raw or 143 unvarnished state, electric fuses for blasting purposes or any other 144 explosive, or in the manufacture or use of any dangerous or poisonous 145 gas or dye, or composition of lye in which the quantity thereof is 146 injurious to health, or upon any scaffolding, or in any heavy work in any 147 building trade or in any tunnel, mine or quarry, or in operating or 148 assisting to operate any emery, stone or buffing wheel; and, except as 149 otherwise provided in subsection [(b)] (c) of section 31-23, as amended 150 by this act, no child under sixteen years of age shall be employed or 151 Substitute Bill No. 410 LCO 6 of 9 permitted to work in any capacity requiring such child to stand 152 continuously. 153 Sec. 4. Section 10-193 of the 2024 supplement to the general statutes 154 is repealed and the following is substituted in lieu thereof (Effective 155 October 1, 2024): 156 (a) The superintendent of schools of any local or regional board of 157 education, or an agent designated by such superintendent, or the 158 supervisory agent of a nonpublic school shall, upon application and in 159 accordance with procedures established by the State Board of 160 Education, furnish, to any person desiring to employ a minor under the 161 age of eighteen years (1) in any manufacturing, mechanical or theatrical 162 industry, restaurant or public dining room, or in any bowling alley, 163 shoe-shining establishment or barber shop, a certificate showing that 164 such minor is sixteen years of age or older, (2) in any mercantile 165 establishment, as a staff member at a youth camp, as defined in section 166 19a-420, who will not be employed by a municipality, or as a lifeguard 167 who will not be employed by a municipality, a certificate showing that 168 such minor is fifteen years of age or older, [and] (3) at any municipal or 169 private golf course, a certificate showing that such minor is fourteen 170 years of age or older, and (4) in a paid internship as defined and 171 approved by the Commissioner of Education and the Labor 172 Commissioner pursuant to section 31-23, as amended by this act, a 173 certificate showing that such minor is fifteen years of age or older or will 174 reach the age of fifteen during the school year in which such minor is 175 participating in such paid internship. 176 (b) Nothing in subsection (a) of this section shall be construed to 177 apply to any person desiring to employ a minor through a youth 178 development program of a regional workforce development board. 179 (c) The State Board of Education shall establish procedures governing 180 the issuance of such certificates. 181 Sec. 5. Subsection (i) of section 31-58 of the general statutes is repealed 182 and the following is substituted in lieu thereof (Effective October 1, 2024): 183 Substitute Bill No. 410 LCO 7 of 9 (i) "Minimum fair wage" in any industry or occupation in this state 184 means: 185 (1) A wage of not less than six dollars and seventy cents per hour, and 186 effective January 1, 2003, not less than six dollars and ninety cents per 187 hour, and effective January 1, 2004, not less than seven dollars and ten 188 cents per hour, and effective January 1, 2006, not less than seven dollars 189 and forty cents per hour, and effective January 1, 2007, not less than 190 seven dollars and sixty-five cents per hour, and effective January 1, 2009, 191 not less than eight dollars per hour, and effective January 1, 2010, not 192 less than eight dollars and twenty-five cents per hour, and effective 193 January 1, 2014, not less than eight dollars and seventy cents per hour, 194 and effective January 1, 2015, not less than nine dollars and fifteen cents 195 per hour, and effective January 1, 2016, not less than nine dollars and 196 sixty cents per hour, and effective January 1, 2017, not less than ten 197 dollars and ten cents per hour, and effective October 1, 2019, not less 198 than eleven dollars per hour, and effective September 1, 2020, not less 199 than twelve dollars per hour, and effective August 1, 2021, not less than 200 thirteen dollars per hour, and effective July 1, 2022, not less than 201 fourteen dollars per hour, and effective June 1, 2023, not less than fifteen 202 dollars per hour. On October 15, 2023, and on each October fifteenth 203 thereafter, the Labor Commissioner shall announce the adjustment in 204 the minimum fair wage which shall become the new minimum fair 205 wage and shall be effective on January first immediately following. On 206 January 1, 2024, and not later than each January first thereafter, the 207 minimum fair wage shall be adjusted by the percentage change in the 208 employment cost index, or its successor index, for wages and salaries 209 for all civilian workers, as calculated by the United States Department 210 of Labor, over the twelve-month period ending on June thirtieth of the 211 preceding year, rounded to the nearest whole cent. 212 (2) In no event shall the minimum fair wage be less than the amount 213 established under subdivision (1) of this subsection, or one-half of one 214 per cent rounded to the nearest whole cent more than the highest federal 215 minimum wage, whichever is greater, except as may otherwise be 216 established in accordance with the provisions of this part. 217 Substitute Bill No. 410 LCO 8 of 9 (3) All wage orders in effect on October 1, 1971, wherein a lower 218 minimum fair wage has been established, are amended to provide for 219 the payment of the minimum fair wage herein established except as 220 hereinafter provided. 221 (4) Whenever the highest federal minimum wage is increased, the 222 minimum fair wage established under this part shall be increased to the 223 amount of said federal minimum wage plus one-half of one per cent 224 more than said federal rate, rounded to the nearest whole cent, effective 225 on the same date as the increase in the highest federal minimum wage, 226 and shall apply to all wage orders and administrative regulations then 227 in force. 228 (5) The rates for all persons under the age of eighteen years, except 229 emancipated minors and persons under the age of eighteen years 230 participating in a paid internship as defined and approved by the 231 Commissioner of Education and the Labor Commissioner pursuant to 232 section 31-23, as amended by this act, shall be not less than eighty-five 233 per cent of the minimum fair wage for the first ninety days of such 234 employment, or ten dollars and ten cents per hour, whichever is greater, 235 and shall be equal to the minimum fair wage thereafter, except in 236 institutional training programs specifically exempted by the 237 commissioner. 238 (6) After two consecutive quarters of negative growth in the state's 239 real gross domestic product, as reported by the Bureau of Economic 240 Analysis of the United States Department of Commerce, the Labor 241 Commissioner shall report his or her recommendations, in writing, to 242 the Governor regarding whether any scheduled increases in the 243 minimum fair wage pursuant to this section should be suspended. Upon 244 receiving the report, the Governor may submit his or her 245 recommendations regarding the suspension of such minimum fair wage 246 increases to the General Assembly. 247 This act shall take effect as follows and shall amend the following sections: Substitute Bill No. 410 LCO 9 of 9 Section 1 October 1, 2024 31-23 Sec. 2 October 1, 2024 31-23a Sec. 3 October 1, 2024 31-24 Sec. 4 October 1, 2024 10-193 Sec. 5 October 1, 2024 31-58(i) Statement of Legislative Commissioners: In Section 1(d), "as defined and" was added after "internship" for consistency; and in Section 4(a), "as defined and approved by the Commissioner of Education and the Labor Commissioner pursuant to section 31-23, as amended by this act" was added after "internship" for consistency. LAB Joint Favorable Subst.