1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | OFFICE OF COUNCILMEMBER ANITA BONDS |
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5 | 5 | | CHAIR, COMMITTEE ON EXECUTIVE ADMINISTRATION AND LABOR |
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6 | 6 | | THE JOHN A. WILSON BUILDING |
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7 | 7 | | 1350 PENNSYLVANIA AVENUE, NW |
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8 | 8 | | WASHINGTON, DC 20004 |
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9 | 9 | | March 11, 2024 |
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10 | 10 | | |
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11 | 11 | | Nyasha Smith, Secretary |
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12 | 12 | | Council of the District of Columbia |
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13 | 13 | | 1350 Pennsylvania Avenue, N.W. |
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14 | 14 | | Washington, DC 20004 |
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15 | 15 | | |
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16 | 16 | | Dear Secretary Smith, |
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17 | 17 | | |
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18 | 18 | | Today, I am introducing the “Youth Work Permit and Employment Protection Act of 2024.” |
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19 | 19 | | Please find enclosed a signed copy of the legislation. Additionally, I am requesting that this bill be |
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20 | 20 | | referred to the Committee on Executive Administration and Labor due to its oversight of the |
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21 | 21 | | Department of Employment Services and its jurisdiction over Title 32 of the D.C. Code. |
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22 | 22 | | |
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23 | 23 | | Nationwide, illegal child labor is on the rise. According to the US Department of Labor, the number |
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24 | 24 | | of minors found to be employed in violation of child labor laws has increased by over 315% over |
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25 | 25 | | the last decade, from 1,393 minors in Fiscal Year 2013 to 5,792 minors in Fiscal Year 2023. |
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26 | 26 | | 1 |
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27 | 27 | | |
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28 | 28 | | Unfortunately, the challenge of estimating how many violations go unreported means that the true |
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29 | 29 | | extent of illegal child labor is likely much worse. At the same time, state legislatures across the nation |
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30 | 30 | | have taken action to roll back laws that restrict child labor and protect children from harmful labor |
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31 | 31 | | practices. In just 2022 and 2023, at least 11 states introduced legislation that weakens protections for |
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32 | 32 | | employed minors. |
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33 | 33 | | 2, 3 |
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34 | 34 | | In several states, policymakers have enacted laws that extend working hours for |
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35 | 35 | | minors, lift restrictions on certain occupations, and remove requirements for work permits and age |
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36 | 36 | | verification. |
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37 | 37 | | |
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38 | 38 | | Against the backdrop of this national debate on child labor policy, and the increasing prevalence of |
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39 | 39 | | illegal child labor, the District must take a close look at its own laws governing the employment of |
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40 | 40 | | minors. D.C. Code 32-201 to 32-224, |
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41 | 41 | | 4 |
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42 | 42 | | also known as “An Act to regulate the employment of minors |
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43 | 43 | | within the District of Columbia”, prohibits minors under 14 from gainful employment. Alongside |
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44 | 44 | | other protections for employed minors, it requires special ‘youth work permits’, restricts the hours |
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45 | 45 | | and occupations for employed minors, sets special rules for minors employed in the performing arts, |
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46 | 46 | | and establishes penalties for violations. Unfortunately, this part of the Code has not been |
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47 | 47 | | substantially amended since 1976 (and largely remains unchanged since it was originally enacted by |
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48 | 48 | | |
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49 | 49 | | 1 |
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50 | 50 | | US Department of Labor Wage and Hour Division, WHD by the Numbers 2022 “Child Labor,” |
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51 | 51 | | https://www.dol.gov/agencies/whd/data/charts/child-labor. |
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52 | 52 | | 2 |
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53 | 53 | | Jennifer Sherer and Nina Mast, Child labor laws are under attack in states across the country (Washington D.C.: |
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54 | 54 | | Economic Policy Institute, 2023), 6-7. |
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55 | 55 | | 3 |
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56 | 56 | | Forrest Saunders, “Could Florida become next state to loosen child labor laws?” |
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57 | 57 | | 4 |
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58 | 58 | | 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 |
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59 | 59 | | protections against harmful child labor practices. |
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60 | 60 | | |
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61 | 61 | | Most disturbing among the current law’s many problems is that there is no existing District |
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62 | 62 | | agency charged with monitoring, implementing, and enforcing our child labor protections. |
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63 | 63 | | The law places responsibility on the ‘Board of Education’, an independent agency that existed prior |
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64 | 64 | | to Mayoral control of the District’s school system in 2007. Since then, the District’s school system |
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65 | 65 | | (including DC Public Schools and DC Public Charter Schools) has continued to issue ‘youth work |
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66 | 66 | | permits’, but implementation has been fractured and inconsistent in the absence of a clear legal |
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67 | 67 | | framework and centralized oversight. Importantly, there is no clear legal mandate for a District |
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68 | 68 | | agency to investigate child labor violations, assess penalties against employers, or conduct public |
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69 | 69 | | education on the law’s requirements. |
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70 | 70 | | |
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71 | 71 | | This proposed bill will modernize the District’s child labor law by re-writing its provisions in plain, |
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72 | 72 | | clear language, in-line with our modern legislative drafting conventions. It places responsibility for |
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73 | 73 | | implementing and enforcing the law with the Department of Employment Services (DOES), the |
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74 | 74 | | District’s lead labor agency; DOES is well-equipped to oversee the issuance of ‘youth work permits’, |
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75 | 75 | | maintain records on youth employment, conduct public education campaigns, investigate violations, |
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76 | 76 | | and assess administrative penalties against employers who illegally employ minors. The proposed bill |
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77 | 77 | | also clarifies the Office of the Attorney General’s role to act in the public interest by bringing civil |
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78 | 78 | | suits against employers who violate the law, in-line with their role in enforcing other labor |
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79 | 79 | | protections in District law. |
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80 | 80 | | |
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81 | 81 | | Importantly, this proposed legislation does not seek to permanently address all policy |
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82 | 82 | | questions related to child labor; rather, it will establish a functioning framework for the |
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83 | 83 | | District to fully implement our protections for employed minors, allowing future |
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84 | 84 | | policymakers to continually update and improve the law. However, I look forward to receiving |
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85 | 85 | | feedback from experts and stakeholders during the legislative process so that we may incorporate |
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86 | 86 | | their recommendations for best practices. |
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87 | 87 | | |
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88 | 88 | | It’s time for the District to reaffirm our strong commitment to protecting our children from harmful |
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89 | 89 | | employment practices. Each year, we make significant investments into our children’s education, |
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90 | 90 | | skills training, and career readiness; it is essential that we ensure these investments are |
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91 | 91 | | complemented with a well-regulated and transparent system governing their employment. I strongly |
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92 | 92 | | urge all my Council colleagues to support me in taking quick action to correct this serious lapse in |
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93 | 93 | | our law, so that the District may proudly guarantee a safe working environment for our employed |
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94 | 94 | | minors. |
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95 | 95 | | |
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96 | 96 | | |
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97 | 97 | | Thank you, |
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98 | 98 | | |
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99 | 99 | | |
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100 | 100 | | Anita Bonds |
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101 | 101 | | At-Large Councilmember |
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102 | 102 | | Chair, Committee on Executive Administration and Labor _______________________ 1 |
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103 | 103 | | Councilmember Anita Bonds 2 |
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104 | 104 | | 3 |
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105 | 105 | | 4 |
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106 | 106 | | A BILL 5 |
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107 | 107 | | ___________ 6 |
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108 | 108 | | 7 |
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109 | 109 | | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 8 |
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110 | 110 | | ______________________ 9 |
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111 | 111 | | 10 |
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112 | 112 | | 11 |
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113 | 113 | | To prohibit the employment of minors younger than 14 years of age, to regulate the hours of 12 |
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114 | 114 | | employment of minors between the ages of 14 and 17, to require that employers post 13 |
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115 | 115 | | notice of the regulations for employment of minors, to prohibit the employment of minors 14 |
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116 | 116 | | in occupations deemed dangerous, to provide for the Mayor to issue rules identifying 15 |
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117 | 117 | | certain places of employment and occupations deemed dangerous, to require the Mayor 16 |
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118 | 118 | | to hold public hearings prior to issuing rules identifying certain places of employment 17 |
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119 | 119 | | and occupations deemed dangerous, to require that employers procure a work permit or 18 |
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120 | 120 | | theatrical employment permit for each minor employed, to require the Department of 19 |
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121 | 121 | | Employment Services to issue work permits and theatrical employment permits to 20 |
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122 | 122 | | minors, to require that the Department of Employment Services maintain records of 21 |
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123 | 123 | | issued permits, to regulate the employment of minors in theatrical occupations, to require 22 |
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124 | 124 | | that employers provide the Department of Employment Services with proof of an 23 |
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125 | 125 | | employee’s age upon demand, to require that the Department of Employment Services 24 |
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126 | 126 | | enforce this act and assess administrative penalties, to provide for the Department of 25 |
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127 | 127 | | Employment Services to inspect workplaces where minors are employed, to provide for 26 |
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128 | 128 | | the Department of Employment Services to revoke a minor’s work permit, to prohibit 27 |
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129 | 129 | | business establishments from permitting minors to loiter during school hours, to provide 28 |
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130 | 130 | | for the Attorney General to bring civil actions under this act, and to repeal An Act To 29 |
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131 | 131 | | regulate the employment of minors within the District of Columbia. 30 |
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132 | 132 | | 31 |
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133 | 133 | | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 32 |
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134 | 134 | | act may be cited as the “Youth Work Permit Modernization Act of 2024”. 33 |
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135 | 135 | | Sec. 2. Definitions. 34 |
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136 | 136 | | For the purposes of this act, the term: 35 |
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137 | 137 | | (1) “Employ” includes to suffer or permit to work for renumeration, except that36 |
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138 | 138 | | the term employ shall not include irregular or casual work usual to the home of an employer, 37 |
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139 | 139 | | provided that the employment shall not be in connection with nor form a part of the business, 38 |
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140 | 140 | | trade, profession, or occupation of the employer, and that such employment shall not be 39 |
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141 | 141 | | |
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142 | 142 | | specifically prohibited by a provision of this act or by a regulation promulgated pursuant to this 40 |
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143 | 143 | | act. 41 |
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144 | 144 | | (2) “Employable minor” means a minor who is at least 14 years of age. 42 |
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145 | 145 | | (3) “Employer” means an individual, firm, association, or corporation that uses 43 |
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146 | 146 | | the services of another individual for renumeration in the District, except that the term employer 44 |
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147 | 147 | | shall not include the District government or the federal government. 45 |
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148 | 148 | | (4) “Infant” means an individual younger than 12 months of age 46 |
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149 | 149 | | (5) “Minor” means an individual younger than 18 years of age. 47 |
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150 | 150 | | (6) “Department” means the Department of Employment Services. 48 |
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151 | 151 | | (7) “Theatrical occupation” means participation in any of the following activities 49 |
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152 | 152 | | for monetary remuneration, a gift, or other form of valuable consideration: 50 |
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153 | 153 | | (A) Performance on the stage of a licensed theater within the District in a 51 |
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154 | 154 | | professional theatrical production; 52 |
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155 | 155 | | (B) Performance in a musical or dance recital or concert; 53 |
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156 | 156 | | (C) Participation in a radio or television program; 54 |
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157 | 157 | | (D) Participation in a motion picture, video, or other media production; 55 |
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158 | 158 | | (E) Appearance as a fashion model; or 56 |
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159 | 159 | | (F) Participation in a professional sports activity or circus. 57 |
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160 | 160 | | Sec. 3. Employment of minors. 58 |
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161 | 161 | | (a) A minor younger than 14 years of age shall not be employed in the District, except in 59 |
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162 | 162 | | a theatrical occupation as authorized in section 9. 60 |
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163 | 163 | | (b)(1) A minor who is 16 or 17 years of age shall not be employed for more than: 61 |
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164 | 164 | | (A) 6 consecutive days in any one week; 62 |
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165 | 165 | | |
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166 | 166 | | (B) 48 hours in any one week; or 63 |
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167 | 167 | | (C) 8 hours in any one day. 64 |
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168 | 168 | | (2) A minor who is 14 or 15 years of age shall not be employed for more than: 65 |
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169 | 169 | | (A) 3 hours on a school day, including Fridays; 66 |
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170 | 170 | | (B) 8 hours on a non-school day; 67 |
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171 | 171 | | (C) 18 hours in any one week when school is in session; or 68 |
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172 | 172 | | (D) 40 hours in any one week when school is not in session. 69 |
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173 | 173 | | (3) A minor who is 16 or 17 years of age shall not be employed before 6:00 a.m. 70 |
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174 | 174 | | or after 10:00 p.m. of any day. 71 |
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175 | 175 | | (4) A minor who is 14 or 15 years of age shall not be employed before 7:00 a.m. 72 |
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176 | 176 | | or after 7:00 p.m. of any day; provided, that between June 1 and Labor Day when school is not in 73 |
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177 | 177 | | session a minor 14 or 15 years of age may be employed until 9:00 p.m. 74 |
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178 | 178 | | (5) An employable minor shall not be employed during school hours, unless the 75 |
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179 | 179 | | employable minor has been excused from further attendance at school or allowed flexible school 76 |
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180 | 180 | | hours pursuant to Article II, section 1 of An Act To provide for compulsory school attendance, 77 |
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181 | 181 | | for the taking of a school census in the District of Columbia, and for other purposes, approved 78 |
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182 | 182 | | February 4, 1925 (43 Stat. 806; D.C. Official Code § 38-202). 79 |
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183 | 183 | | Sec. 4. Notice and recordkeeping. 80 |
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184 | 184 | | (a)(1) An employer who employs a minor shall keep a notice of the requirements of this 81 |
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185 | 185 | | act, and of any regulation promulgated by the Mayor pursuant to section 13, posted in a 82 |
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186 | 186 | | conspicuous and accessible place in or about the premises at which the minor is employed. 83 |
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187 | 187 | | |
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188 | 188 | | (2) An employer who employs a minor shall keep a list of all minors employed, 84 |
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189 | 189 | | and an accurate time record showing the hours each minor began and ended work each day, 85 |
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190 | 190 | | accessible in the place of employment. 86 |
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191 | 191 | | (3) The Department shall provide the notice required pursuant to paragraph (1) of 87 |
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192 | 192 | | this subsection to an employer upon request, and shall include at minimum the following 88 |
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193 | 193 | | information: 89 |
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194 | 194 | | (A) The hours of work for minors as provided in section 3; 90 |
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195 | 195 | | (B) The occupations prohibited to minors under Federal and District law 91 |
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196 | 196 | | or regulations; and 92 |
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197 | 197 | | (C) The minimum wages for minors. 93 |
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198 | 198 | | Sec. 5. Employment dangerous or prejudicial to life prohibited; Mayor to hold public 94 |
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199 | 199 | | hearing. 95 |
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200 | 200 | | (a) A minor shall not be employed in a place of employment or in an occupation that the 96 |
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201 | 201 | | U.S. Secretary of Labor, pursuant to the Fair Labor Standards Act, approved June 25, 1938 (29 97 |
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202 | 202 | | U.S.C. § 201 et seq.), or the Mayor, pursuant to rulemaking, has determined is dangerous or 98 |
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203 | 203 | | prejudicial to the life, health, safety, or welfare of minors. 99 |
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204 | 204 | | (b) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 100 |
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205 | 205 | | Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue 101 |
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206 | 206 | | rules identifying places of employment and occupations deemed dangerous or prejudicial to the 102 |
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207 | 207 | | life, health, safety, or welfare of minors. In addition to the requirements of the District of 103 |
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208 | 208 | | Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. 104 |
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209 | 209 | | Official Code § 2-501 et seq.), before adopting or repealing a rule authorized pursuant to this 105 |
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210 | 210 | | subsection, the Mayor shall hold at least one public hearing on the proposed rule or repeal. 106 |
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211 | 211 | | |
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212 | 212 | | Sec. 6. Employment of minors in certain occupations prohibited. 107 |
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213 | 213 | | (a) A minor shall not be employed in operating a freight or nonautomatic elevator, or in a 108 |
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214 | 214 | | quarry, tunnel, or excavation. 109 |
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215 | 215 | | (b) An employable minor younger than 16 years of age shall not be employed in any of 110 |
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216 | 216 | | the following occupations: 111 |
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217 | 217 | | (1) In the operation of machinery operated by power other than hand or foot 112 |
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218 | 218 | | power; or 113 |
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219 | 219 | | (2) In or assisting in oiling, wiping, or cleaning machinery. 114 |
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220 | 220 | | (c) Subsection (b) of this section shall not apply to a vocational education program or 115 |
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221 | 221 | | training administered or otherwise approved by the Mayor. 116 |
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222 | 222 | | Sec. 7. Work permit required. 117 |
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223 | 223 | | (a) No minor may be employed unless the employer procures a work permit or theatrical 118 |
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224 | 224 | | permit pursuant to this act. 119 |
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225 | 225 | | (b) The work permit or theatrical employment permit required by this act shall be issued 120 |
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226 | 226 | | by the Department, and shall state the following information: 121 |
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227 | 227 | | (1) The minor’s name, sex, date of birth, place of birth, place of residence, and 122 |
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228 | 228 | | grade last completed, the kind of evidence of age accepted, and any other details necessary for 123 |
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229 | 229 | | identification of the minor; 124 |
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230 | 230 | | (2) A certification that all the requirements for issuing a work permit or theatrical 125 |
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231 | 231 | | employment permit under the provisions of this act have been fulfilled, and the signature of the 126 |
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232 | 232 | | person issuing the permit; 127 |
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233 | 233 | | (3) The name and address of the employer for whom the work permit or theatrical 128 |
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234 | 234 | | employment permit authorizes the minor to be employed, and the nature of the specific 129 |
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235 | 235 | | |
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236 | 236 | | occupation for which the work permit or theatrical employment permit authorizes the minor to be 130 |
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237 | 237 | | employed; and 131 |
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238 | 238 | | (4) A unique number assigned to the work permit or theatrical employment 132 |
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239 | 239 | | permit, the date of its issue, and the signature of the minor for whom it is issued; provided, that a 133 |
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240 | 240 | | theatrical employment permit issued pursuant to section 9 shall include the signature of the 134 |
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241 | 241 | | parent or guardian, and agent if applicable, of the minor for whom it is issued. 135 |
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242 | 242 | | (c)(1) For each work permit or theatrical employment permit issued, the Department shall 136 |
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243 | 243 | | maintain a record containing a copy of the signed permit and a copy of any application materials, 137 |
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244 | 244 | | including the evidence of age and the employer’s statement of intention to employ. 138 |
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245 | 245 | | (2) An employer shall keep a work permit or theatrical permit issued pursuant to 139 |
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246 | 246 | | this act on file at the place of employment, and such permit shall be accessible to an inspector or 140 |
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247 | 247 | | other person authorized to enforce this act. 141 |
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248 | 248 | | (d) A work permit or theatrical employment permit shall only be valid for the employer 142 |
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249 | 249 | | and specific occupation designated on the permit. 143 |
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250 | 250 | | Sec. 8. Work permit – application. 144 |
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251 | 251 | | (a) Except as provided in section 9, the Department shall issue a work permit or theatrical 145 |
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252 | 252 | | employment permit only upon application of the minor desiring employment, and upon 146 |
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253 | 253 | | submission to and approval by the Department of the following: 147 |
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254 | 254 | | (1) A statement signed by the prospective employer or the employer’s authorized 148 |
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255 | 255 | | representative stating that the employer expects to give the minor employment, the specific 149 |
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256 | 256 | | nature of the occupation in which the minor will be employed, and the number of hours per day 150 |
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257 | 257 | | and of days per week that the minor will be employed; 151 |
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258 | 258 | | |
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259 | 259 | | (2) Evidence of the minor’s age, as required pursuant to subsection (b) of this 152 |
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260 | 260 | | section; and 153 |
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261 | 261 | | (3) If the minor is younger than 16 years of age, written consent of the minor’s 154 |
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262 | 262 | | parent, guardian, or custodian specifying permission for employment. 155 |
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263 | 263 | | (b) The Department shall accept the following forms of evidence as proof of a minor’s 156 |
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264 | 264 | | age: 157 |
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265 | 265 | | (1) A birth certificate or attested transcript issued by a registrar of vital statistics or 158 |
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266 | 266 | | other officer charged with the duty of recording births; 159 |
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267 | 267 | | (2) A record of age as given in the records of the school first attended by the 160 |
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268 | 268 | | minor, if obtainable, or in the earliest available school census; 161 |
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269 | 269 | | (3) A baptismal record or duly certified transcript thereof showing the date of 162 |
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270 | 270 | | birth and place of baptism of the minor; or 163 |
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271 | 271 | | (4) Other documentary evidence satisfactory to the Department, such as a 164 |
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272 | 272 | | passport, showing the age of the minor. 165 |
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273 | 273 | | Sec. 9. Theatrical employment permits for minors employed in theatrical occupations. 166 |
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274 | 274 | | (a) A minor may be employed in or in connection with a theatrical occupation; provided 167 |
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275 | 275 | | that the employer procures a theatrical employment permit, which shall be kept on file at the 168 |
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276 | 276 | | place of employment and shall be accessible to an inspector or other person authorized to enforce 169 |
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277 | 277 | | this act. 170 |
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278 | 278 | | (b) An application for a theatrical employment permit shall be made by the parent or 171 |
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279 | 279 | | guardian, and by the agent if applicable, of the minor to the Department. The Department shall 172 |
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280 | 280 | | only issue a theatrical employment permit if the Department is satisfied that adequate provisions 173 |
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281 | 281 | | have been made for the educational instruction of the minor, for safeguarding the minor’s health, 174 |
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282 | 282 | | |
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283 | 283 | | and for the proper supervision of the minor. The Department may require the employer to 175 |
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284 | 284 | | provide the necessary resources to satisfy the requirements of this subsection. 176 |
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285 | 285 | | (c) A minor shall not appear in more than 2 live performances in connection with a 177 |
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286 | 286 | | theatrical occupation in one day, or more than 8 performances in one week. A minor shall not 178 |
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287 | 287 | | appear in a live performance or otherwise be required to work in connection with a theatrical 179 |
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288 | 288 | | occupation before 7:00 a.m. or after 11:30 p.m. 180 |
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289 | 289 | | (d) A licensed practical nurse with substantial pediatric experience, or a registered nurse 181 |
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290 | 290 | | who is a pediatric nurse practitioner, shall be provided for each 3 or fewer infants younger than 182 |
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291 | 291 | | the age of 30 months. 183 |
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292 | 292 | | (e) Within any 24-hour period, the time during which a minor 7 years of age or younger is 184 |
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293 | 293 | | permitted at the place of employment in a theatrical occupation shall be limited as follows: 185 |
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294 | 294 | | (1) An infant younger than the age of 6 months shall not remain at the place of 186 |
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295 | 295 | | employment for more than 3 hours, which shall consist of not more than 20 minutes of work. 187 |
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296 | 296 | | (2) A minor between the ages of 6 months and 30 months shall not remain at the 188 |
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297 | 297 | | place of employment for more than 4 hours, which shall consist of not more than 2 hours of 189 |
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298 | 298 | | work, with the balance of the 4-hour period being rest or recreation. 190 |
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299 | 299 | | (3) A minor between the ages of 30 months and 7 years shall not remain at the 191 |
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300 | 300 | | place of employment for more than 6 hours, which shall consist of not more than 3 hours of 192 |
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301 | 301 | | work, with the balance of the 6-hour period being rest, recreation, or education. 193 |
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302 | 302 | | Sec. 10. Employer to furnish, on demand, proof of age of an employee. 194 |
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303 | 303 | | (a) Upon reasonable suspicion that an employee is a minor for whom a work permit is not 195 |
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304 | 304 | | on file, the Department may issue a written notice to the employee's employer requesting proof 196 |
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305 | 305 | | of the employee's age, consistent with section 8(b). 197 |
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306 | 306 | | |
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307 | 307 | | (b) The notice shall be served on the employer by personal service to the employer or 198 |
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308 | 308 | | employer’s representative, or by certified mail. 199 |
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309 | 309 | | (c) If the employer does not provide proof of the employee's age within 10 days after 200 |
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310 | 310 | | receiving notice, the employer shall cease employing the employee until the Department receives 201 |
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311 | 311 | | proof of the employee’s age. 202 |
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312 | 312 | | Sec. 11. Penalties, enforcement, and prosecutions. 203 |
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313 | 313 | | (a)(1) The Department shall administer and enforce the provisions of this act, including 204 |
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314 | 314 | | by conducting sua sponte and complaint-initiated investigations into whether violations have 205 |
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315 | 315 | | occurred, holding hearings, and instituting actions for penalties. 206 |
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316 | 316 | | (2)(A) The Department, its inspectors, and any other person authorized to enforce 207 |
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317 | 317 | | this act may visit and inspect, at any time, all places where minors are employed, and shall have 208 |
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318 | 318 | | authority to enter any place or establishment covered by the terms of this act. 209 |
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319 | 319 | | (B) The Department, its inspectors, and any other person authorized to 210 |
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320 | 320 | | enforce this act shall have access to any records necessary to enforce this act upon demand; 211 |
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321 | 321 | | provided, that an employer or individual may not be found to be in violation of this subparagraph 212 |
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322 | 322 | | unless the employer had an opportunity to challenge the demand before a judge, including an 213 |
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323 | 323 | | administrative law judge. 214 |
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324 | 324 | | (b)(1)(A) The Department shall assess an administrative penalty against an employer or 215 |
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325 | 325 | | individual who: 216 |
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326 | 326 | | (i) Employs a minor in violation of this act, or of a regulation 217 |
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327 | 327 | | promulgated pursuant to this act; 218 |
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328 | 328 | | (ii) Interferes with the Department, its employees, or any other 219 |
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329 | 329 | | person authorized by the District to inspect places of employment of minors; or 220 |
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330 | 330 | | |
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331 | 331 | | (iii) Otherwise violates the provisions of this act. 221 |
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332 | 332 | | (B) Each day during which a violation of this act occurs or continues to 222 |
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333 | 333 | | occur shall constitute a separate violation. 223 |
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334 | 334 | | (2)(A) The administrative penalty assessed pursuant to this subsection shall not 224 |
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335 | 335 | | exceed $1,000 for each violation of this act; provided, that the Department shall assess an 225 |
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336 | 336 | | administrative penalty not to exceed $10,000 for each violation of this act that results in the 226 |
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337 | 337 | | employment of a minor who is injured or dies in the course of that employment. 227 |
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338 | 338 | | (B) The Department may not collect an administrative penalty under this 228 |
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339 | 339 | | subsection unless the Department has provided the employer or individual alleged to have 229 |
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340 | 340 | | violated this act notification of the violation, notification of the amount of the administrative 230 |
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341 | 341 | | penalty to be imposed, and an opportunity to request a formal hearing held pursuant to the 231 |
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342 | 342 | | Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 232 |
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343 | 343 | | 2-501 et seq.). 233 |
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344 | 344 | | (c)(1) If a minor is employed in violation of any of the provisions of this act, or of any 234 |
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345 | 345 | | regulation promulgated by the Mayor pursuant to this act, the Department shall revoke the 235 |
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346 | 346 | | minor’s work permit or theatrical employment permit, and shall order the minor’s employer to 236 |
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347 | 347 | | immediately cease employing the minor. 237 |
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348 | 348 | | (2) If the minor is younger than 16 years of age, the Department shall notify the 238 |
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349 | 349 | | minor’s parent, guardian, or custodian. 239 |
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350 | 350 | | (d) The Attorney General, acting in the public interest, including the need to deter future 240 |
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351 | 351 | | violations, may bring a civil action in a court of competent jurisdiction against an employer or 241 |
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352 | 352 | | other individual violating this act. Upon prevailing in court, the Attorney General shall be 242 |
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353 | 353 | | |
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354 | 354 | | entitled to reasonable attorney’s fees and costs, and statutory penalties equal to any 243 |
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355 | 355 | | administrative penalties provided by law. 244 |
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356 | 356 | | (e)(1) Prosecutions undertaken in court for violations of any of the provisions of this act, 245 |
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357 | 357 | | or of any regulation made by the Mayor under the authority of this act, shall be on information 246 |
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358 | 358 | | filed in the Superior Court of the District of Columbia in the name of the District of Columbia by 247 |
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359 | 359 | | the Office of the Attorney General. 248 |
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360 | 360 | | Sec. 12. Loitering around business establishments prohibited during school hours; 249 |
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361 | 361 | | penalty. 250 |
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362 | 362 | | (a) No owner or employee of a business establishment shall permit a minor under the age 251 |
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363 | 363 | | of 16, having reasonable grounds to believe that such minor is a truant or unlawfully absent from 252 |
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364 | 364 | | school, to loiter on the premises of such business establishment during those hours when school 253 |
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365 | 365 | | is in session. 254 |
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366 | 366 | | (b) Any person violating the provisions of this section shall be subject to an 255 |
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367 | 367 | | administrative penalty of no less than $25, nor more than $300 for each day the violation occurs 256 |
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368 | 368 | | or continues to occur. 257 |
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369 | 369 | | Sec. 13. Rules. 258 |
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370 | 370 | | The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, 259 |
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371 | 371 | | approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules 260 |
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372 | 372 | | to implement the provisions of this act. 261 |
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373 | 373 | | Sec. 14. An Act To regulate the employment of minors within the District of Columbia, 262 |
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374 | 374 | | Approved May 29, 1928 (45 Stat. 998; D.C. Official Code § 32-201 et seq.), is repealed. 263 |
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375 | 375 | | Sec. 15. Fiscal impact statement. 264 |
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376 | 376 | | |
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377 | 377 | | The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 265 |
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378 | 378 | | statement required by section 4a of the General Legislative Procedures Act of 1975, approved 266 |
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379 | 379 | | October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 267 |
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380 | 380 | | Sec. 16. Effective Date. 268 |
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381 | 381 | | This act shall take effect following approval by the Mayor (or in the event of veto by the 269 |
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382 | 382 | | Mayor, action by the Council to override the veto), a 30-day period of congressional review as 270 |
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383 | 383 | | provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 271 |
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384 | 384 | | 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 272 |
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385 | 385 | | Columbia Register. 273 |
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