| 47 | | - | SECTION 1. The legislature finds that the career readiness of Hawaii's students is of the utmost importance, both for the economic stability of these individuals and the State more broadly. Hawaii's schools have made great progress in recent years to expand opportunities for students to engage in work-based learning, in which students gain technical knowledge and skills that align with particular industries. The legislature further finds that employer-school partnerships are a vital and powerful tool for creating authentic learning experiences for students. Students in the State benefit from a deep pool of work-based learning partnerships and employers to choose from in order to pursue their interests most effectively. Accordingly, the purpose of this Act is to update the list of exceptions under state child labor laws to include certain work-based learning programs. SECTION 2. Section 390-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: ""Youth vocational training program or internship" means a program or internship that is recognized by the State; provided that the student is employed under a written agreement that: (1) Specifies that the work of the student in the occupation declared particularly hazardous shall be incidental to training; (2) Provides that the work shall be under the direct and close supervision of a qualified and experienced supervisor; (3) Provides that safety instructions shall be given by the school and correlated by the employer with on-the-job training; (4) Outlines the planned program of job training and work experience for the student, appropriate to the student's abilities, which includes training related to pre-employment and employment industry skills to be mastered at progressively higher levels that are coordinated with learning in the school-based learning component and lead to the awarding of a skill certificate; (5) Specifies that tasks shall not be intended to replace professional labor; and (6) Is signed by the employer, school career and technical education coordinator, principal, and the student's parent or legal guardian and kept on file by the school and employer." SECTION 3. Section 390-2, Hawaii Revised Statutes, is amended to read as follows: "§390-2 Employment of minors under eighteen years of age. (a) No minor under eighteen years of age shall be employed or permitted to work in, about, or in connection with any gainful occupation at any time except as otherwise provided in this section. In no event, however, shall the minor be permitted to be employed or permitted to work in, about, or in connection with adult entertainment or any gainful occupation prohibited by law or which has been declared by rule of the director to be hazardous for the minor. (b) A minor who has attained the age of sixteen years but not eighteen years may be employed during periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school; provided that the employer of the minor records and keeps on file the number of a valid certificate of age issued to the minor by the department. (c) A minor who has attained the age of fourteen years but not sixteen years may be employed or permitted to work: (1) During periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school; (2) If the employer of the minor procures and keeps on file a valid certificate of employment; (3) No more than five hours continuously without an interval of at least thirty consecutive minutes for a rest or lunch period; (4) Between 7:00 a.m. and 7:00 p.m. of any day; provided that during any authorized school break, the minor may be employed between 6:00 a.m. and 9:00 p.m.; (5) No more than six consecutive days; (6) No more than eighteen hours in a calendar week during which the minor is legally required to attend school, and no more than forty hours in a calendar week during which the minor is not legally required to attend school or when the minor is excused by school authorities from attending school; (7) No more than three hours on any school day; and (8) No more than eight hours on any nonschool day. (d) A minor under fourteen years of age may be employed or permitted to work in theatrical employment or in harvesting of coffee under circumstances and conditions prescribed by the director by rule; provided that: (1) The work is performed during periods when the minor is not legally required to attend school or when the minor is excused by school authorities from attending school; (2) With respect to employment in harvesting of coffee, the director has determined after a public hearing that sufficient adult labor to perform the work is unavailable; and (3) The employer of the minor procures and keeps on file a valid certificate of employment. (e) A minor under eighteen years of age may be employed or permitted to work: (1) In a youth vocational training program or internship; (2) As an apprentice in a registered apprenticeship program validated by the United States Department of Labor or the department; or (3) In an occupation in which the minor has completed a vocational or career education program approved by the department of education; provided that the work is performed during periods when the minor is excused by school authorities from attending school and the employer of the minor procures and keeps on file a valid certificate of employment." SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2050. |
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| 47 | + | SECTION 1. The legislature finds that the career readiness of Hawaii's students is of the utmost importance, both for the economic stability of these individuals and the State more broadly. Hawaii's schools have made great progress in recent years with expanding opportunities for students to engage in work-based learning, whereby they gain technical knowledge and skills in alignment with particular industries. The legislature further finds that employer-school partnerships are a vital and powerful tool for creating authentic learning experiences for students. It is beneficial for Hawaii students to have a deep set of work-based learning partnerships and employers to choose from in order to pursue their interests most effectively. Accordingly, the purpose of this Act is to update the list of exceptions under state child labor laws to include work-based learning programs with employers. SECTION 2. Section 390-5, Hawaii Revised Statutes, is amended to read as follows: "§390-5 Exceptions. (a) This chapter shall not apply to any minor employed: (1) By the minor's parent or legal guardian; (2) In performance of work in connection with the sale or distribution of newspapers; (3) In domestic service in or about the private home of the employer; (4) As a golf caddy; [or] (5) By any religious, charitable, or nonprofit organization in exempt employment as prescribed by the director by rule; (6) In the course of a youth vocational training program or internship; (7) As an apprentice in a registered apprenticeship program validated by the United States Department of Labor or the department; or (8) In an occupation, in which the minor has completed a vocational or career education program approved by the department of education; provided that such employment is during periods when the minor is not legally required to attend school or when the minor has been excused by school authorities from attending school; in an occupation which has not been declared by rule of the director to be hazardous; and not in connection with adult entertainment. (b) As used in this section, "youth vocational training program or internship" means a program or internship that is recognized by the State; provided that the student is employed under a written agreement that: (1) Specifies that the work of the student in the occupation declared particularly hazardous shall be incidental to training; (2) Provides that the work shall be under the direct and close supervision of a qualified and experienced supervisor; (3) Provides that safety instructions shall be given by the school and correlated by the employer with on-the-job training; (4) Outlines the planned program of job training and work experience for the student, appropriate to the student's abilities, which includes training related to pre-employment and employment industry skills to be mastered at progressively higher levels that are coordinated with learning in the school-based learning component and lead to the awarding of a skill certificate; (5) Specifies that tasks shall not be intended to replace professional labor; and (6) Is signed by the employer, school career and technical education coordinator, principal, and the student's parent or legal guardian and kept on file by the school and employer." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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