1 | 1 | | H.B. 540 |
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2 | 2 | | LEGISLATIVE GENERAL COUNSEL |
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3 | 3 | | 6 Approved for Filing: A. Shewan 6 |
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4 | 4 | | 6 02-22-23 11:00 AM 6 |
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5 | 5 | | H.B. 540 |
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6 | 6 | | 1 EMPLOYMENT OF MI NORS REQUIREMENTS |
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7 | 7 | | 2 2023 GENERAL SESSION |
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8 | 8 | | 3 STATE OF UTAH |
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9 | 9 | | 4 Chief Sponsor: Michael J. Petersen |
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10 | 10 | | 5 Senate Sponsor: ____________ |
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11 | 11 | | 6 |
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12 | 12 | | 7LONG TITLE |
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13 | 13 | | 8General Description: |
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14 | 14 | | 9 This bill amends provisions related to the employment of minors. |
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15 | 15 | | 10Highlighted Provisions: |
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16 | 16 | | 11 This bill: |
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17 | 17 | | 12 <for a minor under 16 years old: |
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18 | 18 | | 13 Creduces the number of hours the minor may work when school is in session; and |
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19 | 19 | | 14 Camends the time of day the minor may work; |
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20 | 20 | | 15 <defines terms; and |
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21 | 21 | | 16 <makes technical and conforming changes. |
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22 | 22 | | 17Money Appropriated in this Bill: |
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23 | 23 | | 18 None |
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24 | 24 | | 19Other Special Clauses: |
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25 | 25 | | 20 None |
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26 | 26 | | 21Utah Code Sections Affected: |
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27 | 27 | | 22AMENDS: |
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28 | 28 | | 23 34-23-103, as last amended by Laws of Utah 1997, Chapter 375 |
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29 | 29 | | 24 34-23-202, as renumbered and amended by Laws of Utah 1990, Chapter 8 |
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30 | 30 | | 25 |
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31 | 31 | | 26Be it enacted by the Legislature of the state of Utah: |
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32 | 32 | | 27 Section 1. Section 34-23-103 is amended to read: |
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33 | 33 | | *HB0540* H.B. 540 02-22-23 11:00 AM |
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34 | 34 | | - 2 - |
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35 | 35 | | 28 34-23-103. Definitions. |
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36 | 36 | | 29 As used in this chapter: |
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37 | 37 | | 30 (1) "Casual work" is employment on an incidental, occasional, or nonregular basis |
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38 | 38 | | 31which is not considered full-time or routine. |
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39 | 39 | | 32 (2) "Commission" means the Labor Commission. |
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40 | 40 | | 33 (3) "Division" means the Division of Antidiscrimination and Labor in the commission. |
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41 | 41 | | 34 (4) "Hazardous occupation" is any occupation defined as hazardous by the United |
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42 | 42 | | 35States Department of Labor under 29 U.S.C. Sec. 201 et seq., the Fair Labor Standards Act. |
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43 | 43 | | 36 (5) ["Minor" is a person under the age of 18 years.] "Labor Day" means the legal |
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44 | 44 | | 37holiday called Labor Day established in Section 63G-1-301. |
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45 | 45 | | 38 (6) "Minor" means an individual under 18 years old. |
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46 | 46 | | 39 (7) "Minor's school district" means the public school district in which a minor resides |
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47 | 47 | | 40while employed. |
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48 | 48 | | 41 (8) "When school is in session" means any week in which students are required to |
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49 | 49 | | 42attend for at least one day or partial day in the minor's school district. |
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50 | 50 | | 43 Section 2. Section 34-23-202 is amended to read: |
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51 | 51 | | 44 34-23-202. Employment of minors under 16 during school hours -- Hours of work |
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52 | 52 | | 45limited. |
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53 | 53 | | 46 (1) A minor under [the age of 16] 16 years old may not be employed or permitted to |
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54 | 54 | | 47work during school hours except as authorized by the proper school authorities. |
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55 | 55 | | 48 (2) A minor under [the age of 16] 16 years old may not be permitted to work: |
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56 | 56 | | 49 (a) [before or after school in excess of four hours a day;] when school is in session: |
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57 | 57 | | 50 [(b) before 5:00 a.m. or after 9:30 p.m., unless the next day is not a school day;] |
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58 | 58 | | 51 [(c) in excess of eight hours in any 24-hour period; or] |
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59 | 59 | | 52 [(d) more than 40 hours in any week.] |
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60 | 60 | | 53 (i) in excess of three hours in any calendar day; or |
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61 | 61 | | 54 (ii) in excess of 18 hours in any calendar week; |
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62 | 62 | | 55 (b) when school is not in session: |
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63 | 63 | | 56 (i) in excess of eight hours in any calendar day; or |
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64 | 64 | | 57 (ii) in excess of 40 hours in any calendar week; or |
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65 | 65 | | 58 (c) except as provided in Subsection (3), before 7:00 a.m. or after 7:00 p.m. 02-22-23 11:00 AM H.B. 540 |
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66 | 66 | | - 3 - |
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67 | 67 | | 59 (3) Beginning on June 1 and ending on Labor Day, a minor under 16 years old may |
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68 | 68 | | 60work until 9:00 p.m. |
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