OFFICE OF COUNCILMEMBER ANITA BONDS
CHAIR, COMMITTEE ON EXECUTIVE ADMINISTRATION AND LABOR
THE JOHN A. WILSON BUILDING
1350 PENNSYLVANIA AVENUE, NW
WASHINGTON, DC 20004
March 11, 2024
Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W.
Washington, DC 20004
Dear Secretary Smith,
Today, I am introducing the “Youth Work Permit and Employment Protection Act of 2024.”
Please find enclosed a signed copy of the legislation. Additionally, I am requesting that this bill be
referred to the Committee on Executive Administration and Labor due to its oversight of the
Department of Employment Services and its jurisdiction over Title 32 of the D.C. Code.
Nationwide, illegal child labor is on the rise. According to the US Department of Labor, the number
of minors found to be employed in violation of child labor laws has increased by over 315% over
the last decade, from 1,393 minors in Fiscal Year 2013 to 5,792 minors in Fiscal Year 2023.
1
Unfortunately, the challenge of estimating how many violations go unreported means that the true
extent of illegal child labor is likely much worse. At the same time, state legislatures across the nation
have taken action to roll back laws that restrict child labor and protect children from harmful labor
practices. In just 2022 and 2023, at least 11 states introduced legislation that weakens protections for
employed minors.
2, 3
In several states, policymakers have enacted laws that extend working hours for
minors, lift restrictions on certain occupations, and remove requirements for work permits and age
verification.
Against the backdrop of this national debate on child labor policy, and the increasing prevalence of
illegal child labor, the District must take a close look at its own laws governing the employment of
minors. D.C. Code 32-201 to 32-224,
4
also known as “An Act to regulate the employment of minors
within the District of Columbia”, prohibits minors under 14 from gainful employment. Alongside
other protections for employed minors, it requires special ‘youth work permits’, restricts the hours
and occupations for employed minors, sets special rules for minors employed in the performing arts,
and establishes penalties for violations. Unfortunately, this part of the Code has not been
substantially amended since 1976 (and largely remains unchanged since it was originally enacted by
1
US Department of Labor Wage and Hour Division, WHD by the Numbers 2022 “Child Labor,”
https://www.dol.gov/agencies/whd/data/charts/child-labor.
2
Jennifer Sherer and Nina Mast, Child labor laws are under attack in states across the country (Washington D.C.:
Economic Policy Institute, 2023), 6-7.
3
Forrest Saunders, “Could Florida become next state to loosen child labor laws?”
4
https://code.dccouncil.gov/us/dc/council/code/titles/32/chapters/2/subchapters/I Congress in 1928), resulting in serious problems that completely undermine the law’s strong
protections against harmful child labor practices.
Most disturbing among the current law’s many problems is that there is no existing District
agency charged with monitoring, implementing, and enforcing our child labor protections.
The law places responsibility on the ‘Board of Education’, an independent agency that existed prior
to Mayoral control of the District’s school system in 2007. Since then, the District’s school system
(including DC Public Schools and DC Public Charter Schools) has continued to issue ‘youth work
permits’, but implementation has been fractured and inconsistent in the absence of a clear legal
framework and centralized oversight. Importantly, there is no clear legal mandate for a District
agency to investigate child labor violations, assess penalties against employers, or conduct public
education on the law’s requirements.
This proposed bill will modernize the District’s child labor law by re-writing its provisions in plain,
clear language, in-line with our modern legislative drafting conventions. It places responsibility for
implementing and enforcing the law with the Department of Employment Services (DOES), the
District’s lead labor agency; DOES is well-equipped to oversee the issuance of ‘youth work permits’,
maintain records on youth employment, conduct public education campaigns, investigate violations,
and assess administrative penalties against employers who illegally employ minors. The proposed bill
also clarifies the Office of the Attorney General’s role to act in the public interest by bringing civil
suits against employers who violate the law, in-line with their role in enforcing other labor
protections in District law.
Importantly, this proposed legislation does not seek to permanently address all policy
questions related to child labor; rather, it will establish a functioning framework for the
District to fully implement our protections for employed minors, allowing future
policymakers to continually update and improve the law. However, I look forward to receiving
feedback from experts and stakeholders during the legislative process so that we may incorporate
their recommendations for best practices.
It’s time for the District to reaffirm our strong commitment to protecting our children from harmful
employment practices. Each year, we make significant investments into our children’s education,
skills training, and career readiness; it is essential that we ensure these investments are
complemented with a well-regulated and transparent system governing their employment. I strongly
urge all my Council colleagues to support me in taking quick action to correct this serious lapse in
our law, so that the District may proudly guarantee a safe working environment for our employed
minors.
Thank you,
Anita Bonds
At-Large Councilmember
Chair, Committee on Executive Administration and Labor _______________________ 1
Councilmember Anita Bonds 2
3
4
A BILL 5
___________ 6
7
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 8
______________________ 9
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To prohibit the employment of minors younger than 14 years of age, to regulate the hours of 12
employment of minors between the ages of 14 and 17, to require that employers post 13
notice of the regulations for employment of minors, to prohibit the employment of minors 14
in occupations deemed dangerous, to provide for the Mayor to issue rules identifying 15
certain places of employment and occupations deemed dangerous, to require the Mayor 16
to hold public hearings prior to issuing rules identifying certain places of employment 17
and occupations deemed dangerous, to require that employers procure a work permit or 18
theatrical employment permit for each minor employed, to require the Department of 19
Employment Services to issue work permits and theatrical employment permits to 20
minors, to require that the Department of Employment Services maintain records of 21
issued permits, to regulate the employment of minors in theatrical occupations, to require 22
that employers provide the Department of Employment Services with proof of an 23
employee’s age upon demand, to require that the Department of Employment Services 24
enforce this act and assess administrative penalties, to provide for the Department of 25
Employment Services to inspect workplaces where minors are employed, to provide for 26
the Department of Employment Services to revoke a minor’s work permit, to prohibit 27
business establishments from permitting minors to loiter during school hours, to provide 28
for the Attorney General to bring civil actions under this act, and to repeal An Act To 29
regulate the employment of minors within the District of Columbia. 30
31
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 32
act may be cited as the “Youth Work Permit Modernization Act of 2024”. 33
Sec. 2. Definitions. 34
For the purposes of this act, the term: 35
(1) “Employ” includes to suffer or permit to work for renumeration, except that36
the term employ shall not include irregular or casual work usual to the home of an employer, 37
provided that the employment shall not be in connection with nor form a part of the business, 38
trade, profession, or occupation of the employer, and that such employment shall not be 39
specifically prohibited by a provision of this act or by a regulation promulgated pursuant to this 40
act. 41
(2) “Employable minor” means a minor who is at least 14 years of age. 42
(3) “Employer” means an individual, firm, association, or corporation that uses 43
the services of another individual for renumeration in the District, except that the term employer 44
shall not include the District government or the federal government. 45
(4) “Infant” means an individual younger than 12 months of age 46
(5) “Minor” means an individual younger than 18 years of age. 47
(6) “Department” means the Department of Employment Services. 48
(7) “Theatrical occupation” means participation in any of the following activities 49
for monetary remuneration, a gift, or other form of valuable consideration: 50
(A) Performance on the stage of a licensed theater within the District in a 51
professional theatrical production; 52
(B) Performance in a musical or dance recital or concert; 53
(C) Participation in a radio or television program; 54
(D) Participation in a motion picture, video, or other media production; 55
(E) Appearance as a fashion model; or 56
(F) Participation in a professional sports activity or circus. 57
Sec. 3. Employment of minors. 58
(a) A minor younger than 14 years of age shall not be employed in the District, except in 59
a theatrical occupation as authorized in section 9. 60
(b)(1) A minor who is 16 or 17 years of age shall not be employed for more than: 61
(A) 6 consecutive days in any one week; 62
(B) 48 hours in any one week; or 63
(C) 8 hours in any one day. 64
(2) A minor who is 14 or 15 years of age shall not be employed for more than: 65
(A) 3 hours on a school day, including Fridays; 66
(B) 8 hours on a non-school day; 67
(C) 18 hours in any one week when school is in session; or 68
(D) 40 hours in any one week when school is not in session. 69
(3) A minor who is 16 or 17 years of age shall not be employed before 6:00 a.m. 70
or after 10:00 p.m. of any day. 71
(4) A minor who is 14 or 15 years of age shall not be employed before 7:00 a.m. 72
or after 7:00 p.m. of any day; provided, that between June 1 and Labor Day when school is not in 73
session a minor 14 or 15 years of age may be employed until 9:00 p.m. 74
(5) An employable minor shall not be employed during school hours, unless the 75
employable minor has been excused from further attendance at school or allowed flexible school 76
hours pursuant to Article II, section 1 of An Act To provide for compulsory school attendance, 77
for the taking of a school census in the District of Columbia, and for other purposes, approved 78
February 4, 1925 (43 Stat. 806; D.C. Official Code § 38-202). 79
Sec. 4. Notice and recordkeeping. 80
(a)(1) An employer who employs a minor shall keep a notice of the requirements of this 81
act, and of any regulation promulgated by the Mayor pursuant to section 13, posted in a 82
conspicuous and accessible place in or about the premises at which the minor is employed. 83
(2) An employer who employs a minor shall keep a list of all minors employed, 84
and an accurate time record showing the hours each minor began and ended work each day, 85
accessible in the place of employment. 86
(3) The Department shall provide the notice required pursuant to paragraph (1) of 87
this subsection to an employer upon request, and shall include at minimum the following 88
information: 89
(A) The hours of work for minors as provided in section 3; 90
(B) The occupations prohibited to minors under Federal and District law 91
or regulations; and 92
(C) The minimum wages for minors. 93
Sec. 5. Employment dangerous or prejudicial to life prohibited; Mayor to hold public 94
hearing. 95
(a) A minor shall not be employed in a place of employment or in an occupation that the 96
U.S. Secretary of Labor, pursuant to the Fair Labor Standards Act, approved June 25, 1938 (29 97
U.S.C. § 201 et seq.), or the Mayor, pursuant to rulemaking, has determined is dangerous or 98
prejudicial to the life, health, safety, or welfare of minors. 99
(b) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 100
Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue 101
rules identifying places of employment and occupations deemed dangerous or prejudicial to the 102
life, health, safety, or welfare of minors. In addition to the requirements of the District of 103
Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. 104
Official Code § 2-501 et seq.), before adopting or repealing a rule authorized pursuant to this 105
subsection, the Mayor shall hold at least one public hearing on the proposed rule or repeal. 106
Sec. 6. Employment of minors in certain occupations prohibited. 107
(a) A minor shall not be employed in operating a freight or nonautomatic elevator, or in a 108
quarry, tunnel, or excavation. 109
(b) An employable minor younger than 16 years of age shall not be employed in any of 110
the following occupations: 111
(1) In the operation of machinery operated by power other than hand or foot 112
power; or 113
(2) In or assisting in oiling, wiping, or cleaning machinery. 114
(c) Subsection (b) of this section shall not apply to a vocational education program or 115
training administered or otherwise approved by the Mayor. 116
Sec. 7. Work permit required. 117
(a) No minor may be employed unless the employer procures a work permit or theatrical 118
permit pursuant to this act. 119
(b) The work permit or theatrical employment permit required by this act shall be issued 120
by the Department, and shall state the following information: 121
(1) The minor’s name, sex, date of birth, place of birth, place of residence, and 122
grade last completed, the kind of evidence of age accepted, and any other details necessary for 123
identification of the minor; 124
(2) A certification that all the requirements for issuing a work permit or theatrical 125
employment permit under the provisions of this act have been fulfilled, and the signature of the 126
person issuing the permit; 127
(3) The name and address of the employer for whom the work permit or theatrical 128
employment permit authorizes the minor to be employed, and the nature of the specific 129
occupation for which the work permit or theatrical employment permit authorizes the minor to be 130
employed; and 131
(4) A unique number assigned to the work permit or theatrical employment 132
permit, the date of its issue, and the signature of the minor for whom it is issued; provided, that a 133
theatrical employment permit issued pursuant to section 9 shall include the signature of the 134
parent or guardian, and agent if applicable, of the minor for whom it is issued. 135
(c)(1) For each work permit or theatrical employment permit issued, the Department shall 136
maintain a record containing a copy of the signed permit and a copy of any application materials, 137
including the evidence of age and the employer’s statement of intention to employ. 138
(2) An employer shall keep a work permit or theatrical permit issued pursuant to 139
this act on file at the place of employment, and such permit shall be accessible to an inspector or 140
other person authorized to enforce this act. 141
(d) A work permit or theatrical employment permit shall only be valid for the employer 142
and specific occupation designated on the permit. 143
Sec. 8. Work permit – application. 144
(a) Except as provided in section 9, the Department shall issue a work permit or theatrical 145
employment permit only upon application of the minor desiring employment, and upon 146
submission to and approval by the Department of the following: 147
(1) A statement signed by the prospective employer or the employer’s authorized 148
representative stating that the employer expects to give the minor employment, the specific 149
nature of the occupation in which the minor will be employed, and the number of hours per day 150
and of days per week that the minor will be employed; 151
(2) Evidence of the minor’s age, as required pursuant to subsection (b) of this 152
section; and 153
(3) If the minor is younger than 16 years of age, written consent of the minor’s 154
parent, guardian, or custodian specifying permission for employment. 155
(b) The Department shall accept the following forms of evidence as proof of a minor’s 156
age: 157
(1) A birth certificate or attested transcript issued by a registrar of vital statistics or 158
other officer charged with the duty of recording births; 159
(2) A record of age as given in the records of the school first attended by the 160
minor, if obtainable, or in the earliest available school census; 161
(3) A baptismal record or duly certified transcript thereof showing the date of 162
birth and place of baptism of the minor; or 163
(4) Other documentary evidence satisfactory to the Department, such as a 164
passport, showing the age of the minor. 165
Sec. 9. Theatrical employment permits for minors employed in theatrical occupations. 166
(a) A minor may be employed in or in connection with a theatrical occupation; provided 167
that the employer procures a theatrical employment permit, which shall be kept on file at the 168
place of employment and shall be accessible to an inspector or other person authorized to enforce 169
this act. 170
(b) An application for a theatrical employment permit shall be made by the parent or 171
guardian, and by the agent if applicable, of the minor to the Department. The Department shall 172
only issue a theatrical employment permit if the Department is satisfied that adequate provisions 173
have been made for the educational instruction of the minor, for safeguarding the minor’s health, 174
and for the proper supervision of the minor. The Department may require the employer to 175
provide the necessary resources to satisfy the requirements of this subsection. 176
(c) A minor shall not appear in more than 2 live performances in connection with a 177
theatrical occupation in one day, or more than 8 performances in one week. A minor shall not 178
appear in a live performance or otherwise be required to work in connection with a theatrical 179
occupation before 7:00 a.m. or after 11:30 p.m. 180
(d) A licensed practical nurse with substantial pediatric experience, or a registered nurse 181
who is a pediatric nurse practitioner, shall be provided for each 3 or fewer infants younger than 182
the age of 30 months. 183
(e) Within any 24-hour period, the time during which a minor 7 years of age or younger is 184
permitted at the place of employment in a theatrical occupation shall be limited as follows: 185
(1) An infant younger than the age of 6 months shall not remain at the place of 186
employment for more than 3 hours, which shall consist of not more than 20 minutes of work. 187
(2) A minor between the ages of 6 months and 30 months shall not remain at the 188
place of employment for more than 4 hours, which shall consist of not more than 2 hours of 189
work, with the balance of the 4-hour period being rest or recreation. 190
(3) A minor between the ages of 30 months and 7 years shall not remain at the 191
place of employment for more than 6 hours, which shall consist of not more than 3 hours of 192
work, with the balance of the 6-hour period being rest, recreation, or education. 193
Sec. 10. Employer to furnish, on demand, proof of age of an employee. 194
(a) Upon reasonable suspicion that an employee is a minor for whom a work permit is not 195
on file, the Department may issue a written notice to the employee's employer requesting proof 196
of the employee's age, consistent with section 8(b). 197
(b) The notice shall be served on the employer by personal service to the employer or 198
employer’s representative, or by certified mail. 199
(c) If the employer does not provide proof of the employee's age within 10 days after 200
receiving notice, the employer shall cease employing the employee until the Department receives 201
proof of the employee’s age. 202
Sec. 11. Penalties, enforcement, and prosecutions. 203
(a)(1) The Department shall administer and enforce the provisions of this act, including 204
by conducting sua sponte and complaint-initiated investigations into whether violations have 205
occurred, holding hearings, and instituting actions for penalties. 206
(2)(A) The Department, its inspectors, and any other person authorized to enforce 207
this act may visit and inspect, at any time, all places where minors are employed, and shall have 208
authority to enter any place or establishment covered by the terms of this act. 209
(B) The Department, its inspectors, and any other person authorized to 210
enforce this act shall have access to any records necessary to enforce this act upon demand; 211
provided, that an employer or individual may not be found to be in violation of this subparagraph 212
unless the employer had an opportunity to challenge the demand before a judge, including an 213
administrative law judge. 214
(b)(1)(A) The Department shall assess an administrative penalty against an employer or 215
individual who: 216
(i) Employs a minor in violation of this act, or of a regulation 217
promulgated pursuant to this act; 218
(ii) Interferes with the Department, its employees, or any other 219
person authorized by the District to inspect places of employment of minors; or 220
(iii) Otherwise violates the provisions of this act. 221
(B) Each day during which a violation of this act occurs or continues to 222
occur shall constitute a separate violation. 223
(2)(A) The administrative penalty assessed pursuant to this subsection shall not 224
exceed $1,000 for each violation of this act; provided, that the Department shall assess an 225
administrative penalty not to exceed $10,000 for each violation of this act that results in the 226
employment of a minor who is injured or dies in the course of that employment. 227
(B) The Department may not collect an administrative penalty under this 228
subsection unless the Department has provided the employer or individual alleged to have 229
violated this act notification of the violation, notification of the amount of the administrative 230
penalty to be imposed, and an opportunity to request a formal hearing held pursuant to the 231
Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 232
2-501 et seq.). 233
(c)(1) If a minor is employed in violation of any of the provisions of this act, or of any 234
regulation promulgated by the Mayor pursuant to this act, the Department shall revoke the 235
minor’s work permit or theatrical employment permit, and shall order the minor’s employer to 236
immediately cease employing the minor. 237
(2) If the minor is younger than 16 years of age, the Department shall notify the 238
minor’s parent, guardian, or custodian. 239
(d) The Attorney General, acting in the public interest, including the need to deter future 240
violations, may bring a civil action in a court of competent jurisdiction against an employer or 241
other individual violating this act. Upon prevailing in court, the Attorney General shall be 242
entitled to reasonable attorney’s fees and costs, and statutory penalties equal to any 243
administrative penalties provided by law. 244
(e)(1) Prosecutions undertaken in court for violations of any of the provisions of this act, 245
or of any regulation made by the Mayor under the authority of this act, shall be on information 246
filed in the Superior Court of the District of Columbia in the name of the District of Columbia by 247
the Office of the Attorney General. 248
Sec. 12. Loitering around business establishments prohibited during school hours; 249
penalty. 250
(a) No owner or employee of a business establishment shall permit a minor under the age 251
of 16, having reasonable grounds to believe that such minor is a truant or unlawfully absent from 252
school, to loiter on the premises of such business establishment during those hours when school 253
is in session. 254
(b) Any person violating the provisions of this section shall be subject to an 255
administrative penalty of no less than $25, nor more than $300 for each day the violation occurs 256
or continues to occur. 257
Sec. 13. Rules. 258
The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, 259
approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules 260
to implement the provisions of this act. 261
Sec. 14. An Act To regulate the employment of minors within the District of Columbia, 262
Approved May 29, 1928 (45 Stat. 998; D.C. Official Code § 32-201 et seq.), is repealed. 263
Sec. 15. Fiscal impact statement. 264
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 265
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 266
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 267
Sec. 16. Effective Date. 268
This act shall take effect following approval by the Mayor (or in the event of veto by the 269
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 270
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 271
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 272
Columbia Register. 273