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