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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.
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 ENROLLEDHB NO. 303
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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 employment 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
shall not be considered a violation of this Section. If the length of the meal break is30 ENROLLEDHB NO. 303
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at least twenty minutes, the difference between the actual break time and the required1
thirty-minute break time shall be considered de minimis, and shall not be considered2
a violation of this Section. The break shall be documented, using the employer's3
normal timekeeping system. If a minor fails to clock in or out for a work period or4
meal break, and a time edit is necessary, the time edit shall be documented and5
acknowledged in writing by the minor and the manager who performs the time edit.6
§214. Minors under sixteen; maximum hours when school in session7
A. Minors under sixteen years of age shall not be employed, permitted, or8
suffered to work more than three hours each day on any day when school is in9
session, nor more than eighteen hours in any week when school is in session. 10
B. The school calendar of the school in which the minor is enrolled or the11
public school calendar for the district in which the minor resides shall be used to12
determine a school day or week.13
§215. Minors; minors under sixteen; prohibited hours; maximum work week14
* * *15
B. No minor under sixteen years of age who has not graduated from high16
school shall be employed, or permitted, or suffered to work between the hours of17
7:00 p.m. and 7:00 a.m. prior to the start of any school day, or between the hours of18
9:00 p.m. and 7:00 a.m. on any day; except from June first through Labor Day at19
which time the permissible hours are extended to 9:00 p.m. Minors who are20
employed in the dairy industry shall be exempt from the provisions of this Section.21
* * *22
§233. Presence of minor at place of employment; presumption of employment23
The presence of any minor under sixteen years of age in any place of24
employment prohibited to him under the provisions of this Chapter, except during25
the dinner hour, and observed to be performing work duties on the employer's behalf,26
shall constitute prima facie evidence of his employment therein.27
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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
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: