District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0745 Compare Versions

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44 OFFICE OF COUNCILMEMBER ANITA BONDS
55 CHAIR, COMMITTEE ON EXECUTIVE ADMINISTRATION AND LABOR
66 THE JOHN A. WILSON BUILDING
77 1350 PENNSYLVANIA AVENUE, NW
88 WASHINGTON, DC 20004
99 March 11, 2024
1010
1111 Nyasha Smith, Secretary
1212 Council of the District of Columbia
1313 1350 Pennsylvania Avenue, N.W.
1414 Washington, DC 20004
1515
1616 Dear Secretary Smith,
1717
1818 Today, I am introducing the “Youth Work Permit and Employment Protection Act of 2024.”
1919 Please find enclosed a signed copy of the legislation. Additionally, I am requesting that this bill be
2020 referred to the Committee on Executive Administration and Labor due to its oversight of the
2121 Department of Employment Services and its jurisdiction over Title 32 of the D.C. Code.
2222
2323 Nationwide, illegal child labor is on the rise. According to the US Department of Labor, the number
2424 of minors found to be employed in violation of child labor laws has increased by over 315% over
2525 the last decade, from 1,393 minors in Fiscal Year 2013 to 5,792 minors in Fiscal Year 2023.
2626 1
2727
2828 Unfortunately, the challenge of estimating how many violations go unreported means that the true
2929 extent of illegal child labor is likely much worse. At the same time, state legislatures across the nation
3030 have taken action to roll back laws that restrict child labor and protect children from harmful labor
3131 practices. In just 2022 and 2023, at least 11 states introduced legislation that weakens protections for
3232 employed minors.
3333 2, 3
3434 In several states, policymakers have enacted laws that extend working hours for
3535 minors, lift restrictions on certain occupations, and remove requirements for work permits and age
3636 verification.
3737
3838 Against the backdrop of this national debate on child labor policy, and the increasing prevalence of
3939 illegal child labor, the District must take a close look at its own laws governing the employment of
4040 minors. D.C. Code 32-201 to 32-224,
4141 4
4242 also known as “An Act to regulate the employment of minors
4343 within the District of Columbia”, prohibits minors under 14 from gainful employment. Alongside
4444 other protections for employed minors, it requires special ‘youth work permits’, restricts the hours
4545 and occupations for employed minors, sets special rules for minors employed in the performing arts,
4646 and establishes penalties for violations. Unfortunately, this part of the Code has not been
4747 substantially amended since 1976 (and largely remains unchanged since it was originally enacted by
4848
4949 1
5050 US Department of Labor Wage and Hour Division, WHD by the Numbers 2022 “Child Labor,”
5151 https://www.dol.gov/agencies/whd/data/charts/child-labor.
5252 2
5353 Jennifer Sherer and Nina Mast, Child labor laws are under attack in states across the country (Washington D.C.:
5454 Economic Policy Institute, 2023), 6-7.
5555 3
5656 Forrest Saunders, “Could Florida become next state to loosen child labor laws?”
5757 4
5858 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
5959 protections against harmful child labor practices.
6060
6161 Most disturbing among the current law’s many problems is that there is no existing District
6262 agency charged with monitoring, implementing, and enforcing our child labor protections.
6363 The law places responsibility on the ‘Board of Education’, an independent agency that existed prior
6464 to Mayoral control of the District’s school system in 2007. Since then, the District’s school system
6565 (including DC Public Schools and DC Public Charter Schools) has continued to issue ‘youth work
6666 permits’, but implementation has been fractured and inconsistent in the absence of a clear legal
6767 framework and centralized oversight. Importantly, there is no clear legal mandate for a District
6868 agency to investigate child labor violations, assess penalties against employers, or conduct public
6969 education on the law’s requirements.
7070
7171 This proposed bill will modernize the District’s child labor law by re-writing its provisions in plain,
7272 clear language, in-line with our modern legislative drafting conventions. It places responsibility for
7373 implementing and enforcing the law with the Department of Employment Services (DOES), the
7474 District’s lead labor agency; DOES is well-equipped to oversee the issuance of ‘youth work permits’,
7575 maintain records on youth employment, conduct public education campaigns, investigate violations,
7676 and assess administrative penalties against employers who illegally employ minors. The proposed bill
7777 also clarifies the Office of the Attorney General’s role to act in the public interest by bringing civil
7878 suits against employers who violate the law, in-line with their role in enforcing other labor
7979 protections in District law.
8080
8181 Importantly, this proposed legislation does not seek to permanently address all policy
8282 questions related to child labor; rather, it will establish a functioning framework for the
8383 District to fully implement our protections for employed minors, allowing future
8484 policymakers to continually update and improve the law. However, I look forward to receiving
8585 feedback from experts and stakeholders during the legislative process so that we may incorporate
8686 their recommendations for best practices.
8787
8888 It’s time for the District to reaffirm our strong commitment to protecting our children from harmful
8989 employment practices. Each year, we make significant investments into our children’s education,
9090 skills training, and career readiness; it is essential that we ensure these investments are
9191 complemented with a well-regulated and transparent system governing their employment. I strongly
9292 urge all my Council colleagues to support me in taking quick action to correct this serious lapse in
9393 our law, so that the District may proudly guarantee a safe working environment for our employed
9494 minors.
9595
9696
9797 Thank you,
9898
9999
100100 Anita Bonds
101101 At-Large Councilmember
102102 Chair, Committee on Executive Administration and Labor _______________________ 1
103103 Councilmember Anita Bonds 2
104104 3
105105 4
106106 A BILL 5
107107 ___________ 6
108108 7
109109 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 8
110110 ______________________ 9
111111 10
112112 11
113113 To prohibit the employment of minors younger than 14 years of age, to regulate the hours of 12
114114 employment of minors between the ages of 14 and 17, to require that employers post 13
115115 notice of the regulations for employment of minors, to prohibit the employment of minors 14
116116 in occupations deemed dangerous, to provide for the Mayor to issue rules identifying 15
117117 certain places of employment and occupations deemed dangerous, to require the Mayor 16
118118 to hold public hearings prior to issuing rules identifying certain places of employment 17
119119 and occupations deemed dangerous, to require that employers procure a work permit or 18
120120 theatrical employment permit for each minor employed, to require the Department of 19
121121 Employment Services to issue work permits and theatrical employment permits to 20
122122 minors, to require that the Department of Employment Services maintain records of 21
123123 issued permits, to regulate the employment of minors in theatrical occupations, to require 22
124124 that employers provide the Department of Employment Services with proof of an 23
125125 employee’s age upon demand, to require that the Department of Employment Services 24
126126 enforce this act and assess administrative penalties, to provide for the Department of 25
127127 Employment Services to inspect workplaces where minors are employed, to provide for 26
128128 the Department of Employment Services to revoke a minor’s work permit, to prohibit 27
129129 business establishments from permitting minors to loiter during school hours, to provide 28
130130 for the Attorney General to bring civil actions under this act, and to repeal An Act To 29
131131 regulate the employment of minors within the District of Columbia. 30
132132 31
133133 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 32
134134 act may be cited as the “Youth Work Permit Modernization Act of 2024”. 33
135135 Sec. 2. Definitions. 34
136136 For the purposes of this act, the term: 35
137137 (1) “Employ” includes to suffer or permit to work for renumeration, except that36
138138 the term employ shall not include irregular or casual work usual to the home of an employer, 37
139139 provided that the employment shall not be in connection with nor form a part of the business, 38
140140 trade, profession, or occupation of the employer, and that such employment shall not be 39
141141
142142 specifically prohibited by a provision of this act or by a regulation promulgated pursuant to this 40
143143 act. 41
144144 (2) “Employable minor” means a minor who is at least 14 years of age. 42
145145 (3) “Employer” means an individual, firm, association, or corporation that uses 43
146146 the services of another individual for renumeration in the District, except that the term employer 44
147147 shall not include the District government or the federal government. 45
148148 (4) “Infant” means an individual younger than 12 months of age 46
149149 (5) “Minor” means an individual younger than 18 years of age. 47
150150 (6) “Department” means the Department of Employment Services. 48
151151 (7) “Theatrical occupation” means participation in any of the following activities 49
152152 for monetary remuneration, a gift, or other form of valuable consideration: 50
153153 (A) Performance on the stage of a licensed theater within the District in a 51
154154 professional theatrical production; 52
155155 (B) Performance in a musical or dance recital or concert; 53
156156 (C) Participation in a radio or television program; 54
157157 (D) Participation in a motion picture, video, or other media production; 55
158158 (E) Appearance as a fashion model; or 56
159159 (F) Participation in a professional sports activity or circus. 57
160160 Sec. 3. Employment of minors. 58
161161 (a) A minor younger than 14 years of age shall not be employed in the District, except in 59
162162 a theatrical occupation as authorized in section 9. 60
163163 (b)(1) A minor who is 16 or 17 years of age shall not be employed for more than: 61
164164 (A) 6 consecutive days in any one week; 62
165165
166166 (B) 48 hours in any one week; or 63
167167 (C) 8 hours in any one day. 64
168168 (2) A minor who is 14 or 15 years of age shall not be employed for more than: 65
169169 (A) 3 hours on a school day, including Fridays; 66
170170 (B) 8 hours on a non-school day; 67
171171 (C) 18 hours in any one week when school is in session; or 68
172172 (D) 40 hours in any one week when school is not in session. 69
173173 (3) A minor who is 16 or 17 years of age shall not be employed before 6:00 a.m. 70
174174 or after 10:00 p.m. of any day. 71
175175 (4) A minor who is 14 or 15 years of age shall not be employed before 7:00 a.m. 72
176176 or after 7:00 p.m. of any day; provided, that between June 1 and Labor Day when school is not in 73
177177 session a minor 14 or 15 years of age may be employed until 9:00 p.m. 74
178178 (5) An employable minor shall not be employed during school hours, unless the 75
179179 employable minor has been excused from further attendance at school or allowed flexible school 76
180180 hours pursuant to Article II, section 1 of An Act To provide for compulsory school attendance, 77
181181 for the taking of a school census in the District of Columbia, and for other purposes, approved 78
182182 February 4, 1925 (43 Stat. 806; D.C. Official Code § 38-202). 79
183183 Sec. 4. Notice and recordkeeping. 80
184184 (a)(1) An employer who employs a minor shall keep a notice of the requirements of this 81
185185 act, and of any regulation promulgated by the Mayor pursuant to section 13, posted in a 82
186186 conspicuous and accessible place in or about the premises at which the minor is employed. 83
187187
188188 (2) An employer who employs a minor shall keep a list of all minors employed, 84
189189 and an accurate time record showing the hours each minor began and ended work each day, 85
190190 accessible in the place of employment. 86
191191 (3) The Department shall provide the notice required pursuant to paragraph (1) of 87
192192 this subsection to an employer upon request, and shall include at minimum the following 88
193193 information: 89
194194 (A) The hours of work for minors as provided in section 3; 90
195195 (B) The occupations prohibited to minors under Federal and District law 91
196196 or regulations; and 92
197197 (C) The minimum wages for minors. 93
198198 Sec. 5. Employment dangerous or prejudicial to life prohibited; Mayor to hold public 94
199199 hearing. 95
200200 (a) A minor shall not be employed in a place of employment or in an occupation that the 96
201201 U.S. Secretary of Labor, pursuant to the Fair Labor Standards Act, approved June 25, 1938 (29 97
202202 U.S.C. § 201 et seq.), or the Mayor, pursuant to rulemaking, has determined is dangerous or 98
203203 prejudicial to the life, health, safety, or welfare of minors. 99
204204 (b) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 100
205205 Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue 101
206206 rules identifying places of employment and occupations deemed dangerous or prejudicial to the 102
207207 life, health, safety, or welfare of minors. In addition to the requirements of the District of 103
208208 Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. 104
209209 Official Code § 2-501 et seq.), before adopting or repealing a rule authorized pursuant to this 105
210210 subsection, the Mayor shall hold at least one public hearing on the proposed rule or repeal. 106
211211
212212 Sec. 6. Employment of minors in certain occupations prohibited. 107
213213 (a) A minor shall not be employed in operating a freight or nonautomatic elevator, or in a 108
214214 quarry, tunnel, or excavation. 109
215215 (b) An employable minor younger than 16 years of age shall not be employed in any of 110
216216 the following occupations: 111
217217 (1) In the operation of machinery operated by power other than hand or foot 112
218218 power; or 113
219219 (2) In or assisting in oiling, wiping, or cleaning machinery. 114
220220 (c) Subsection (b) of this section shall not apply to a vocational education program or 115
221221 training administered or otherwise approved by the Mayor. 116
222222 Sec. 7. Work permit required. 117
223223 (a) No minor may be employed unless the employer procures a work permit or theatrical 118
224224 permit pursuant to this act. 119
225225 (b) The work permit or theatrical employment permit required by this act shall be issued 120
226226 by the Department, and shall state the following information: 121
227227 (1) The minor’s name, sex, date of birth, place of birth, place of residence, and 122
228228 grade last completed, the kind of evidence of age accepted, and any other details necessary for 123
229229 identification of the minor; 124
230230 (2) A certification that all the requirements for issuing a work permit or theatrical 125
231231 employment permit under the provisions of this act have been fulfilled, and the signature of the 126
232232 person issuing the permit; 127
233233 (3) The name and address of the employer for whom the work permit or theatrical 128
234234 employment permit authorizes the minor to be employed, and the nature of the specific 129
235235
236236 occupation for which the work permit or theatrical employment permit authorizes the minor to be 130
237237 employed; and 131
238238 (4) A unique number assigned to the work permit or theatrical employment 132
239239 permit, the date of its issue, and the signature of the minor for whom it is issued; provided, that a 133
240240 theatrical employment permit issued pursuant to section 9 shall include the signature of the 134
241241 parent or guardian, and agent if applicable, of the minor for whom it is issued. 135
242242 (c)(1) For each work permit or theatrical employment permit issued, the Department shall 136
243243 maintain a record containing a copy of the signed permit and a copy of any application materials, 137
244244 including the evidence of age and the employer’s statement of intention to employ. 138
245245 (2) An employer shall keep a work permit or theatrical permit issued pursuant to 139
246246 this act on file at the place of employment, and such permit shall be accessible to an inspector or 140
247247 other person authorized to enforce this act. 141
248248 (d) A work permit or theatrical employment permit shall only be valid for the employer 142
249249 and specific occupation designated on the permit. 143
250250 Sec. 8. Work permit – application. 144
251251 (a) Except as provided in section 9, the Department shall issue a work permit or theatrical 145
252252 employment permit only upon application of the minor desiring employment, and upon 146
253253 submission to and approval by the Department of the following: 147
254254 (1) A statement signed by the prospective employer or the employer’s authorized 148
255255 representative stating that the employer expects to give the minor employment, the specific 149
256256 nature of the occupation in which the minor will be employed, and the number of hours per day 150
257257 and of days per week that the minor will be employed; 151
258258
259259 (2) Evidence of the minor’s age, as required pursuant to subsection (b) of this 152
260260 section; and 153
261261 (3) If the minor is younger than 16 years of age, written consent of the minor’s 154
262262 parent, guardian, or custodian specifying permission for employment. 155
263263 (b) The Department shall accept the following forms of evidence as proof of a minor’s 156
264264 age: 157
265265 (1) A birth certificate or attested transcript issued by a registrar of vital statistics or 158
266266 other officer charged with the duty of recording births; 159
267267 (2) A record of age as given in the records of the school first attended by the 160
268268 minor, if obtainable, or in the earliest available school census; 161
269269 (3) A baptismal record or duly certified transcript thereof showing the date of 162
270270 birth and place of baptism of the minor; or 163
271271 (4) Other documentary evidence satisfactory to the Department, such as a 164
272272 passport, showing the age of the minor. 165
273273 Sec. 9. Theatrical employment permits for minors employed in theatrical occupations. 166
274274 (a) A minor may be employed in or in connection with a theatrical occupation; provided 167
275275 that the employer procures a theatrical employment permit, which shall be kept on file at the 168
276276 place of employment and shall be accessible to an inspector or other person authorized to enforce 169
277277 this act. 170
278278 (b) An application for a theatrical employment permit shall be made by the parent or 171
279279 guardian, and by the agent if applicable, of the minor to the Department. The Department shall 172
280280 only issue a theatrical employment permit if the Department is satisfied that adequate provisions 173
281281 have been made for the educational instruction of the minor, for safeguarding the minor’s health, 174
282282
283283 and for the proper supervision of the minor. The Department may require the employer to 175
284284 provide the necessary resources to satisfy the requirements of this subsection. 176
285285 (c) A minor shall not appear in more than 2 live performances in connection with a 177
286286 theatrical occupation in one day, or more than 8 performances in one week. A minor shall not 178
287287 appear in a live performance or otherwise be required to work in connection with a theatrical 179
288288 occupation before 7:00 a.m. or after 11:30 p.m. 180
289289 (d) A licensed practical nurse with substantial pediatric experience, or a registered nurse 181
290290 who is a pediatric nurse practitioner, shall be provided for each 3 or fewer infants younger than 182
291291 the age of 30 months. 183
292292 (e) Within any 24-hour period, the time during which a minor 7 years of age or younger is 184
293293 permitted at the place of employment in a theatrical occupation shall be limited as follows: 185
294294 (1) An infant younger than the age of 6 months shall not remain at the place of 186
295295 employment for more than 3 hours, which shall consist of not more than 20 minutes of work. 187
296296 (2) A minor between the ages of 6 months and 30 months shall not remain at the 188
297297 place of employment for more than 4 hours, which shall consist of not more than 2 hours of 189
298298 work, with the balance of the 4-hour period being rest or recreation. 190
299299 (3) A minor between the ages of 30 months and 7 years shall not remain at the 191
300300 place of employment for more than 6 hours, which shall consist of not more than 3 hours of 192
301301 work, with the balance of the 6-hour period being rest, recreation, or education. 193
302302 Sec. 10. Employer to furnish, on demand, proof of age of an employee. 194
303303 (a) Upon reasonable suspicion that an employee is a minor for whom a work permit is not 195
304304 on file, the Department may issue a written notice to the employee's employer requesting proof 196
305305 of the employee's age, consistent with section 8(b). 197
306306
307307 (b) The notice shall be served on the employer by personal service to the employer or 198
308308 employer’s representative, or by certified mail. 199
309309 (c) If the employer does not provide proof of the employee's age within 10 days after 200
310310 receiving notice, the employer shall cease employing the employee until the Department receives 201
311311 proof of the employee’s age. 202
312312 Sec. 11. Penalties, enforcement, and prosecutions. 203
313313 (a)(1) The Department shall administer and enforce the provisions of this act, including 204
314314 by conducting sua sponte and complaint-initiated investigations into whether violations have 205
315315 occurred, holding hearings, and instituting actions for penalties. 206
316316 (2)(A) The Department, its inspectors, and any other person authorized to enforce 207
317317 this act may visit and inspect, at any time, all places where minors are employed, and shall have 208
318318 authority to enter any place or establishment covered by the terms of this act. 209
319319 (B) The Department, its inspectors, and any other person authorized to 210
320320 enforce this act shall have access to any records necessary to enforce this act upon demand; 211
321321 provided, that an employer or individual may not be found to be in violation of this subparagraph 212
322322 unless the employer had an opportunity to challenge the demand before a judge, including an 213
323323 administrative law judge. 214
324324 (b)(1)(A) The Department shall assess an administrative penalty against an employer or 215
325325 individual who: 216
326326 (i) Employs a minor in violation of this act, or of a regulation 217
327327 promulgated pursuant to this act; 218
328328 (ii) Interferes with the Department, its employees, or any other 219
329329 person authorized by the District to inspect places of employment of minors; or 220
330330
331331 (iii) Otherwise violates the provisions of this act. 221
332332 (B) Each day during which a violation of this act occurs or continues to 222
333333 occur shall constitute a separate violation. 223
334334 (2)(A) The administrative penalty assessed pursuant to this subsection shall not 224
335335 exceed $1,000 for each violation of this act; provided, that the Department shall assess an 225
336336 administrative penalty not to exceed $10,000 for each violation of this act that results in the 226
337337 employment of a minor who is injured or dies in the course of that employment. 227
338338 (B) The Department may not collect an administrative penalty under this 228
339339 subsection unless the Department has provided the employer or individual alleged to have 229
340340 violated this act notification of the violation, notification of the amount of the administrative 230
341341 penalty to be imposed, and an opportunity to request a formal hearing held pursuant to the 231
342342 Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 232
343343 2-501 et seq.). 233
344344 (c)(1) If a minor is employed in violation of any of the provisions of this act, or of any 234
345345 regulation promulgated by the Mayor pursuant to this act, the Department shall revoke the 235
346346 minor’s work permit or theatrical employment permit, and shall order the minor’s employer to 236
347347 immediately cease employing the minor. 237
348348 (2) If the minor is younger than 16 years of age, the Department shall notify the 238
349349 minor’s parent, guardian, or custodian. 239
350350 (d) The Attorney General, acting in the public interest, including the need to deter future 240
351351 violations, may bring a civil action in a court of competent jurisdiction against an employer or 241
352352 other individual violating this act. Upon prevailing in court, the Attorney General shall be 242
353353
354354 entitled to reasonable attorney’s fees and costs, and statutory penalties equal to any 243
355355 administrative penalties provided by law. 244
356356 (e)(1) Prosecutions undertaken in court for violations of any of the provisions of this act, 245
357357 or of any regulation made by the Mayor under the authority of this act, shall be on information 246
358358 filed in the Superior Court of the District of Columbia in the name of the District of Columbia by 247
359359 the Office of the Attorney General. 248
360360 Sec. 12. Loitering around business establishments prohibited during school hours; 249
361361 penalty. 250
362362 (a) No owner or employee of a business establishment shall permit a minor under the age 251
363363 of 16, having reasonable grounds to believe that such minor is a truant or unlawfully absent from 252
364364 school, to loiter on the premises of such business establishment during those hours when school 253
365365 is in session. 254
366366 (b) Any person violating the provisions of this section shall be subject to an 255
367367 administrative penalty of no less than $25, nor more than $300 for each day the violation occurs 256
368368 or continues to occur. 257
369369 Sec. 13. Rules. 258
370370 The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, 259
371371 approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules 260
372372 to implement the provisions of this act. 261
373373 Sec. 14. An Act To regulate the employment of minors within the District of Columbia, 262
374374 Approved May 29, 1928 (45 Stat. 998; D.C. Official Code § 32-201 et seq.), is repealed. 263
375375 Sec. 15. Fiscal impact statement. 264
376376
377377 The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 265
378378 statement required by section 4a of the General Legislative Procedures Act of 1975, approved 266
379379 October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 267
380380 Sec. 16. Effective Date. 268
381381 This act shall take effect following approval by the Mayor (or in the event of veto by the 269
382382 Mayor, action by the Council to override the veto), a 30-day period of congressional review as 270
383383 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 271
384384 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 272
385385 Columbia Register. 273