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Regular Session, 2011
HOUSE BILL NO. 303
BY REPRESENTATIVE PONTI
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EMPLOYMENT OF MINORS: Provides with respect to the employment of minors
AN ACT1
To amend and reenact R.S. 23:152, 182, 183, 184(2)(f) and (g), 187, 191, 192, 213, 214,2
215(B), 233, and 251(A) and to repeal R.S. 23:253 and 254, relative to the3
employment of minors; to provide for hours during which minors may work; to4
provide for limitations in employment; to provide technical changes; and to provide5
for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 23:152, 182, 183, 184(2)(f) and (g), 187, 191, 192, 213, 214, 215(B),8
233, and 251(A) are hereby amended and reenacted to read as follows: 9
§152. Enforcement of provisions10
The secretary executive director or his authorized representatives shall visit11
and inspect at all reasonable times, and as often as possible, all places where minors12
are employed; they shall have access to the age and employment certificates kept on13
file by the employer as well as to all other records which may aid in the enforcement14
of this Part. The secretary executive director shall institute judicial proceedings to15
enforce the provisions of this Part, and the district attorney shall prosecute.16
* * *17
§182. Employers to keep records18
Every person employing minors shall procure and keep on file an19
employment certificate for each minor, except for those minors employed in20
approved federally funded youth training programs and those minors employed in21 HLS 11RS-607 ENGROSSED
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theatrical, modeling, motion picture or television production, musical occupations,1
or in other performing arts. Such certificate shall be accessible on the job site, or in2
the immediate area of the work location, at all times to any officer charged with the3
enforcement of the provisions of this Chapter.4
§183. Persons authorized to issue5
Employment certificates shall be issued by the parish or city school6
superintendent or by his or her designated representative, whose name shall be7
submitted in writing for approval to the assistant secretary executive director of the8
office of unemployment insurance administration of the Louisiana Workforce9
Commission. After January 1, 2004, in connection with the issuance of any10
employment certificate, the The superintendent or his designee must completely fill11
out and electronically submit the Employment Certificate Interactive Form located12
on the Louisiana Workforce Commission's website. The employment certificate13
shall be printed online from the website from the information that has been entered14
onto the department's employment certificate database. The original employment15
certificate shall be signed by the minor and the issuing authority and presented to the16
minor for delivery to his or her employer.17
§184. Requirements for issuance18
Employment certificates shall be issued only upon the personal application19
by the minor desiring employment, accompanied by the written permission of the20
minor's parent or legal guardian and upon submission to and approval by the issuing21
authority of the following papers:22
* * *23
(2) One of the following proofs of age:24
* * *25
(f) A school record or school identification showing the minor's age.26
(g) A current valid Louisiana driver's license or other state-issued27
identification, including a special identification card, with the minor's date of birth.28
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§187. Signing of certificate by minor; return by employer after termination of1
employment2
The employm ent certificate shall be signed by the minor in the presence of3
the issuing authority who shall then mail the same to the employer. and then it shall4
be returned to the minor for delivery to the employer. An employment certificate5
shall be valid only for the employer for whom issued, and the employer shall return6
it to the issuing officer within three days be required to maintain it on file for a7
period of fourteen days after the termination of the minor's employment.8
* * *9
§191. Revocation10
The secretary executive director may revoke any employment or other11
certificate if in his judgment it was improperly issued or if the minor is illegally12
employed. If the certificate is revoked, the issuing authority, the employer, and the13
minor, shall be notified in writing and the minor shall not thereafter be employed or14
permitted to work until a new certificate has been legally obtained.15
§192. Certificates as evidence of age of minors16
Employment or age certificates issued in accordance with the provisions of17
this Sub-part Subpart shall be conclusive evidence of the age of the minor for whom18
issued in any proceeding involving the employment of the minor subsequent to the19
issuance thereof.20
* * *21
§213. Recreation or meal period22
No minor shall be employed, permitted, or suffered to work for any five-hour23
period without one interval of at least thirty minutes within such period for meals.24
If the period of work before the interval exceeds five hours by less than fifteen ten25
minutes or less, that difference shall be considered de minimis and shall not be26
considered a violation of this Section. Such interval shall not be included as part of27
the working hours of the day. This interval shall be thirty minutes. Any difference28
in length of the interval less than fifteen minutes shall be considered de minimis and29 HLS 11RS-607 ENGROSSED
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shall not be considered a violation of this Section. If the length of the meal break is1
at least twenty minutes, the difference between the actual break time and the required2
thirty-minute break time shall be considered de minimis, and shall not be considered3
a violation of this Section. The break shall be documented, using the employer's4
normal timekeeping system. If a minor fails to clock in or out for a work period or5
meal break, and a time edit is necessary, the time edit shall be documented and6
acknowledged in writing by the minor and the manager who performs the time edit.7
§214. Minors under sixteen; maximum hours when school in session8
A. Minors under sixteen years of age shall not be employed, permitted, or9
suffered to work more than three hours each day on any day when school is in10
session, nor more than eighteen hours in any week when school is in session. 11
B. The school calendar of the school in which the minor is enrolled or the12
public school calendar for the district in which the minor resides shall be used to13
determine a school day or week.14
§215. Minors; minors under sixteen; prohibited hours; maximum work week15
* * *16
B. No minor under sixteen years of age who has not graduated from high17
school shall be employed, or permitted, or suffered to work between the hours of18
7:00 p.m. and 7:00 a.m. prior to the start of any school day, or between the hours of19
9:00 p.m. and 7:00 a.m. on any day ; except from June first through Labor Day at20
which time the permissible hours are extended to 9:00 p.m. Minors who are21
employed in the dairy industry shall be exempt from the provisions of this Section.22
* * *23
§233. Presence of minor at place of employment; presumption of employment24
The presence of any minor under sixteen years of age in any place of25
employment prohibited to him under the provisions of this Chapter, except during26
the dinner hour, and observed to be performing work duties on the employer's behalf,27
shall constitute prima facie evidence of his employment therein.28
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§251. Minors under sixteen; prohibited employments or occupations; penalty1
A. No minor under sixteen years of age shall be employed, exhibited, used,2
or trained for the purpose of exhibition:3
(1) As a rope or wire walker, gymnast, wrestler, contortionist, stunt rider, or4
acrobat upon any bicycle or other similar mechanical vehicle or contrivance.5
(2) In singing, dancing, or playing upon a musical instrument.6
(3) In any theatrical exhibition or in any wandering occupation.7
(4) In any illegal, indecent, or immoral exhibition or practice.8
(5) (3) In the exhibition of such minor when insane or idiotic, or when9
presenting the appearance of any deformity or unnatural physical formation or10
development.11
(6) (4) In any practice, exhibition, or place, dangerous or injurious to the life,12
limbs, health, or morals of the minor.13
* * *14
Section 2. R.S. 23:253 and 254 are hereby repealed in their entirety.15
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ponti HB No. 303
Abstract: Provides for limitations in the employment of minors as well as technical
changes and alterations to update terms and bring La. employment law in line with
federal laws as it relates to minors.
Proposed law changes the term "secretary" to "executive director" to refer to the director of
the La. Workforce Commission (LWC).
Present law provides that employers shall keep an employment certificate for each minor
except for those employed in federally funded training programs.
Proposed law extends the exception that no employment certificate be kept on file to include
minors employed in performing arts.
Present law requires that minors may use certain documents as proof of age.
Proposed law adds a school ID and any other state-issued ID as admissible documents for
proof of age. HLS 11RS-607 ENGROSSED
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Present law requires that the employment certificate be signed by the minor and mailed to
the employer.
Proposed law repeals the requirement that the employment certificate be mailed to the
employer, and instead requires that it be returned to the minor for delivery to the employer.
Present law requires that the employer return the employment certificate to the issuing
officer within three days.
Present law repeals the three-day requirement and instead requires the employer to maintain
the certificate on file for 14 days.
Present law allows the secretary to revoke the employment of a minor if he judges that the
certificate was improperly issued or if the minor is otherwise illegally employed.
Present law further provides that upon revocation, the issuing authority, the employer, and
the minor shall be notified in writing.
Proposed law removes the requirement that the notification be in writing.
Present law provides that minors who work any five-hour period shall be given at least a 30
minute interval for meals.
Present law provides that if the period of work before the meal exceeds five hours by less
than 15 minutes, the difference shall be considered de minimis.
Proposed law changes the 15-minute interval in present law to an interval of 10 minutes or
less.
Proposed law provides that if the meal break is actually between 20 and 30 minutes, that
such interval is de minimis and not a violation of present law.
Proposed law requires that the breaks shall be documented and, if the minor fails to clock
in or out and an edit is necessary, that the edit be documented.
Present law requires that minors under the age of 16 shall not work more than three hours
a day, or work between the hours of 7:00 p.m. and 7:00 a.m when school is in session.
Proposed law specifies that the school year and week shall be determined by the school
calendar of the school at which the minor is enrolled, or the public school calendar for the
district in which the minor attends school.
Proposed law further provides that between June 1 and Labor Day, the hours during which
a minor under the age of 16 may work are extended to 9:00 p.m. to 7:00 a.m.
Present law prohibits minors under the age of 16 from engaging in certain performance
occupations.
Proposed law removes singing, dancing, theatrical exhibition, and playing a musical
instrument from the list of prohibited occupations for minors under the age of 16.
Present law (R.S. 23:253 and 254) provides exceptions to the prohibition of the employment
of minors under the age of 16 in certain performing arts. HLS 11RS-607 ENGROSSED
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Proposed law repeals present law (R.S. 23:253 and 254) because the performing arts were
removed in proposed law as prohibited occupations, and as such, the limitations and
exceptions are not needed.
(Amends R.S. 23:152, 182, 183, 184(2)(f) and (g), 187, 191, 192, 213, 214, 215(B), 233, and
251(A); Repeals R.S. 23:253 and 254)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Labor and Industrial
Relations to the original bill.
1. Clarified that minors employed in the motion picture and television production
occupations are included in the exception to the requirement that the employer
keep an employment certificate on file for the minor.